Criminal Procedure Flashcards
(15 cards)
Search and Seizure (8 rules)
4th amendment protects. o Shortcut: essence of 4th amendment is that unreasonable detentions, searches, and arrests are unconstitutional but reasonable ones are okay.
8 rules:
(1) D has right to be free from an unreasonable search by gov in all areas where D has reasonable expectation of privacy (home, place of business, car, personal effects)—not someone else’s home, business, car, open field on their property, garbage, or any area they hold open to the public
(2) If D has no reasonable expectation of privacy, cannot complain about the search no matter how unreasonable it was. If reasonable expectation then he can complain—if reasonable stop and frisk was okay then anything observed (incl stop and frisk) that’s illegal can be seized.
(3) Search is reasonable (constitutional) if police had a search warrant based on probable cause or case falls within (4) exception to warrant requirement
(5) Valid arrest of driver of car they can then search the area within the immediate control of the driver. Entire passenger area of car are considered within control of the driver. However, once arrested driver under complete control of police then they can only search if have reason to believe item connected to arrest still in car.
(6) Trunk search must have some other exception than within immediate control of the driver
(7) Like plain view, if legit search for item X they can seize all illegal items encountered whether or not they are searching for the other illegal items
(8) If search is unreasonable (no warrant and situation not within exception to warrant requirement) then unconstitutional under the 4th. Despite being unconstitutional, will not be unreasonable when:
o Police believed warrant was valid and searched
o When evidence used in proceeding other than trial on the merits (ex: grand jury, prelim examination, or sentencing)—even if constitutional violation, exclusionary rule does not apply to grand jury proceedings
o When evidence used to impeach testifying D
Arrest Warrant
issued by a magistrate extends to every part of the state.; must be neutral, detached magistrate with probable cause shown. Used against a person or that person’s residence but not another person’s residence
Guilty Plea in Subsequent Civil Damages alleging Incriminating Search
Neither admits the legality of the incriminating search nor waives 4th amendment claims in a subsequent civil damages action challenging constitutionality of the incriminating search
Parolee’s Home
The Supreme Court has held that the Fourth Amendment is not violated by a statute authorizing warrantless searches of a parolee’s home—even absent probable cause—if a statute provides for such searches. The Court reasoned that in such circumstances, the parolee has a diminished expectation of privacy and the government has a heightened need for searching parolees; thus the search is reasonable in a constitutional sense.
Exceptions to Warrant Requirement incl Auto Exception/Roadblocks
(a) search incident to lawful arrest (in the immediate area)
(b) Consent
(c) Automobile Exception (eliminates the need for a warrant not for probable cause to search)—No need to have warrant if had probable cause to search cause (and if while searching they find a container that could hold it then they could open). “Reasonable grounds to believe.”
—Each passenger in a car has standing to challenge a stop of the car. If a stop is invalid, under the fruit of the poisonous tree doctrine, evidence obtained as a result of the invalid stop will be suppressed.
—Roadblocks: The police may set up roadblocks to stop cars without individualized suspicion that the driver has violated some law, as long as they: (i) stop cars on the basis of some neutral, articulable standard (e.g., every car or every third car); and (ii) are motivated by a particular problem related to automobiles and their mobility (e.g., drunk driving
(d) Plain View (if police in place have legal right to be under any legal theory then they can seize illegal contraband)
(e) Lesser intrusion; not a full scale search like a stop and frisk—no probable cause or warrant but need reasonable suspicion
(f) True Emergency
Confessions
Suppression is a remedy. Must show:
(1) Involuntary confessions—Totality of the circum test: consider all relevant facts and circum (will be clear). Cannot be used to impeach either or in case in chief.
(2) Confessions violating Miranda
(3) Confessions violating Right to Counsel
5th Amendment Miranda Rights
Warnings must be given prior to (1) in custody (2) interrogations (both)
Remedy for violation—can’t use subsequent confession in its case-in-chief against D. But can use to impeach under theory of prior inconsistent statement
The Fifth Amendment privilege against self-incrimination requires Miranda warnings and a valid waiver before any statement made by the accused during custodial interrogation can be admitted.
However, this requirement does not apply where interrogation is by an informant (since the police authority is not known and, thus, cannot unduly force a confession) who the defendant does not know is working for the police, because the coercive atmosphere of police-dominated interrogation is not present.
6th Amendment Right to Counsel
In all felony cases and misdemeanor cases where jail sentence is in fact imposed.
Court can refuse counsel but, if found guilty, then no jail sentence can be imposed (only a penalty)
Once formally charged, then super right to counsel begins. Must have counsel with him for every interrogation unless right is waived
The Sixth Amendment right to counsel applies to all critical stages of a criminal prosecution after formal proceedings have begun, but does not apply in precharge custodial interrogations. Because this right is “offense specific,” the fact that the right to counsel has attached for one charge does not bar questioning without counsel for an unrelated charge.
Bail
Court should consider likelihood of D appearing for trial, D’s ability to make bail, seriousness of the crime charged, future safety of the victim and community. Bail can’t be used as an instrument of oppression.
Examining Trial
Adversarial proceeding at which the prosecutor demonstrates there is probable cause to believe D is guilty of the crime. D has right to cross-examine witnesses.
Grand Jury
prosecutor, stenographer, bailiff, interpreter, person operating teleconference system, and witness being examined may be present.
Consists of 12 people; at least 9 must concur to indict
Indictment: a written statement of a grand jury accusing a named person of a criminal offense. Must be approved by a grand jury and signed by the foreman.
Burden of Proof
State must prove each element of the crime charged beyond a reasonable doubt (every element of the crime). • If defense is one of the elements of the crime has not been est then D just must raise a reasonable doubt
State must prove venue if proper by POE
For all other defenses other than element of a crime, state can require D est defenses, etc. by a POE
Ex: intent is part of element (intent) so requires reasonable doubt but mental illness is a defense so can be POE (can require less than statute)
Double Jeopardy
Usually n/a for conspiracy (after charging for substantive crimes or vice versa)
Attaches when jury is sworn (jury trial) but in a bench trial jeopardy attaches when first witness on the issue of guilt is sworn
Blockburger Test: two crimes do not constitute the same offense if each crime requires proof of an additional element that the other crime does not require. Under this test, a lesser included offense and the greater offense would be considered the “same offense,” because the lesser included offense consists entirely of some, but not all, elements of the greater crime.
—Exception: exists if all of the elements for the greater offense had not occurred at the time of prosecution for the lesser offense, but in this case the final element for the felony murder charge—the death of the victim—occurred before jeopardy had attached in the first trial, so the prosecution could have added a charge of felony murder
Assuming Jeopardy Attached. Exceptions Allowing Retrial
First trial ended in a hung jury
D was convicted, he appeals and is granted right to second trial
First trial ended in a mistrial not for prosecutor’s misconduct (mistrial for manifest necessity) but if D acquitted then can never be retried for that
Jury Trial
If max possible sentence is more than 6 months, then right to jury trial
6 person jury can be used but it must be unanimous
In federal civil cases, a verdict must be unanimous unless the parties agree to the contrary.
