Criminal Procedure Flashcards
(24 cards)
When does arrest occur
Defendant taken into custody for prosecution of interrogation
Standard for arrest
Arrest must be made based on probable cause
What is probable cause
Trustworthy facts or knowledge sufficient for a reasonable person to believe that the suspect has committed or is commuting a crime
3 exceptions to not having an ARREST warrant for someone’s home
- Risk defendant will escape. 2. Danger to police or any other person. 3. Defendant will destroy evidence
How to obtain a suspect in home of 3rd party
- SEARCH warrant for subject specifying location in third party home
- Secure consent
- Enter on 3 exceptions to normal ARREST warrant
Standard for investigative detention
May only detain for investigative purposes of have reasonable suspicion of criminal acitivity supported by articulable facts
Seizure of person standard
When a reasonable person would not feel free to terminate the encounter
Standard for terry frisk
Reasonable suspicion that defendant is armed and dangerous
Automobile stops standard
Stopping a car for traffic violation is a SEIZURE so must have reasonable suspicion of probable cause
4 questions to ask if a SEARCH occurred
- Is there a governmental agent
- Is there a reasonable expectation of privacy
- Did police physically intrude
- Did defendant have standing meaning were his personal 4th amendment rights violated
3 Requirements to a valid warrant
- Approved by neutral and detached magistrate
- Particularly describe the place to be searched and item to be seized
- Supported by probable cause
exceptions to the warrant requirement for searches
- Exigent circumstances
- Automobile exception
- search Incident to ARREST
- Consent
- Plain View
- Special needs
- Terry frisks
Standard for automobile exception to search warrant
Probable cause to believe that evidence or contraband found in car
Scope of search for automobile exception search
Entire car that may reasonably contain the item
Standard for search incident to arrest exception to a search without a warrant
Arrest is lawful (probable cause) and must be contemporaneous to the arrest.
Scope of search for a search incident to arrest
Areas within the immediate control of a person including “grab zone”
Special rule for automobile searches for searches incident to arrest
Limited to passenger cabin and may only search interior of defendant is unsecured or there is reason to believe that interior contains evidence for which defendant arrested
Plain view standard
- Police have lawful access to the vantage point from which they see items
- Police have lawful access to items themselves
- Criminality of object is immediately apparent
Standard for special needs searches
Justified based on some special need separate from general interest in law enforcement.
Standard for terry frisks
Reasonable suspicion that suspect armed and dangerous and dokey limited to safety
Special rules for terry frisks for automobiles
- Frisk interior of car if reasonable belief of weapon
- Can order driver and passenger out of car without suspicion of weapon
- Can only frisk the person if reasonable belief of weapon
Custody standard
Defendant’s freedom of movement is limited to an extent that creates the same inherently coercive pressures that arise during a full station house based on an objective test
Standard for interrogation
Express questioning or words or actions that the police know or should know would illicit an incriminating response
Standard for whether an interrogation occurred
Defendant must know that the interrogator is working for police because otherwise the coercive atmosphere of police dominated interrogation is not present.
