Criminal Procedure 2 Flashcards
(10 cards)
What are the factors a court balances to determine whether the 6th Amendment right to a speedy trial has been violated? (lecture)
1) Length of delay
2) Reason for delay
3) Defendant’s assertion of the right to a speedy trial
4) Prejudice to the defendant
What type of actors is the Fourth Amendment limited to? (P1)
The Fourth Amendment limits government actors. It does not limit 1) private individuals acting on their own behalf 2) without the government’s knowledge or participation (e.g., concerned citizens, vigilantes).
When may the police search for an arrestee (who they have an arrest warrant for) in a third party’s home?
If the requirements are met to enter the third party’s home, can they seize evidence found in the third party’s home in plain view?
An arrest warrant implicitly authorizes entry into the arrestee’s home—not a third party’s home—to serve the warrant. Police may only search for an arrestee in a third party’s home if they 1) have a warrant for the search, 2) exigent circumstances apply (like hearing someone cry out for help), or 3) consent to enter.
If none of the above requirements are met but the officers still enter, then the exclusionary rule requires the suppression of any evidence obtained as a result of the unlawful search.
Where can probable cause for a search warrant come from? (P1)
Probable cause to support a search warrant can come from information supplied by (1) a reliable, known informant or (2) an unknown informant if the information is independently verified.
What is the automobile exception to the warrant requirement? (P1)
The automobile exception justifies a warrantless search of a person’s vehicle when:
1) Police have probable cause to believe that the vehicle contains evidence of a crime and;
2) The search is limited to areas where the evidence might be located.
What does the Fifth Amendment privilege against self-incrimination not apply to? (P1)
The Fifth Amendment privilege against self-incrimination does not apply to 1) evidence that might subject a person to civil liability; or 2) to corporations.
Therefore, a custodian of corporate records or other corporate officer may not refuse to produce corporate documents under this privilege, even if the documents would incriminate the custodian personally.
How does the Sixth Amendment attach to charged vs. uncharged crimes? (P1)
The Sixth Amendment right to counsel attaches to an uncharged crime that constitutes the same offense as a formally charged crime.
However, it does not attach to an uncharged crime that requires proof of an element that the other does not.
When does the accused have the Right to Counsel under the 5th Amendment? (P1)
When does it attach?
The Fifth Amendment right to counsel applies to custodial interrogations prior to the commencement of judicial proceedings.
It must be invoked by a specific, unambiguous request.
What is the Brady rule? What is an exception? (P1)
Pursuant to Brady v. Maryland, a prosecutor must provide exculpatory evidence to the defendant after indictment and prior to trial.
Note: However, there is no requirement that the prosecutor present exculpatory evidence before the grand jury issues an indictment.
