CrimPro Final Flashcards
(283 cards)
1
Q
Voluntariness
A
Cases:
- Brown: Physical violence
-
Spano: psychological coercion
factors include: - length of interrogation
- Age
- Education
- Emotional stability
- Lewis: Shocks the conscious
- Lynum: Deception
- Connelly: Mental Illness
- No fruits can be admitted
2
Q
Testimonial Requirement
A
Testimonial = Any comunication or assertion
Schmerber: DNA, fingerprints, and blood are NOT testimonial
3
Q
Miranda
A
4 Rights:
1. Silence
2. Statements can be used against you
3. Counsel
4. Counsel will be provided
4
Q
Administering Miranda
A
- Does not need to be verbatim (Duckworth)
- Suspect must understand his rights (Butler)
5
Q
Is there custody?
A
Custody = Arrest or significant deprivation of freeedom (Berkemer)
* Objective test but age can be taken into account
A Terry stop is not custody
6
Q
Did the officers interrogate?
A
Interrogation = Questioning or the functional equivalent (Miranda)
Any words or actions by the officer reasonably likely to elicit an incriminating response (Innis)
7
Q
Did the supect invoke the right to silence?
A
Must be unambiguously invoked (Thompkins)
8
Q
Subsequent Questioning
A
Break in custody + enough time passed then officers can remirandize (Mosley and Seibert)
9
Q
Non-Mirandized then Mirandized statements
A
Admissible if not done in bad faith by the officers (Elstad)
10
Q
Right to an attorney
A
Must be unambiguously invoked (Thompkins)
Failure to request does not waive the right
No right to a station lawyer
11
Q
Subsequent Interrogation after counsel is invoked
A
Officers cannot reinitiate (Edwards)
Unaware officers can’t either (Roberson)
14-day rule: Officers cannot reinitiate until after 14 days of the break in custody (Shatzer)
12
Q
Miranda Waiver of silence
A
State has the burden of proof
Waiver of silence:
1. Can’t be waived through silence alone (Butler)
2. Can be waived through course of conduct (Butler)
3. Totality of the circumstances
13
Q
Miranda waiver of counsel
A
Must be knowing and voluntary (Butler)
14
Q
Miranda Exceptions
A
Public Safety (Quarles)
Booking Exception (Muniz)
Immunity (Kastigar & Hubbell)
Undercover Agents (Perkins)
Impeachment (Harris)
15
Q
Public Safety (Quarles)
A
Circumstances known to the officer that pose a reasonable danger to him or the public
Statemements + physical evidence are admissible
16
Q
Booking Exception (Muniz)
A
Bio Data: Name, date, birth, age, address, weight
Slurred speech and physical symptoms are admissible
17
Q
Immunity (Kastigar & Hubbell)
A
Testimony and derived evidence cannot be used against suspect
18
Q
Exceptions to the immunity exception
A
- Wholly independent source
- Inevitable discovery
- business records
- Compliance involves producing testimonial and incriminating information
19
Q
Undercover Agents (Perkins)
A
No custody, so no Miranda needed
20
Q
Consequences of Miranda Violtions
A
Testimony is supressed, but
- Can be used to impeach (Harris)
- Physical evidence is admissible (Patane)
- Identity of a witness is admissible (Tucker)
21
Q
Sixth Amendment
A
Right to counsel in criminal proceedings (Massiah)
22
Q
Initiation of Judicial Proceedings
A
Initiation: Charges, indictment, arraignment, and preliminary hearing (Kirby)
23
Q
Critical Stage
A
- Plea bargaining
- Bail hearing
- line-up ID
24
Q
Offense Specific
A
McNeil: Government may elicit info about other crimes that have not been charged yet
Closely related info may also be elicited (Robbery & murder example)
25
Deliberate Elicitation
Did the officer deliberately try to elicit incriminating information (*Henry*)
Passive/secret listening is ok (*Kuhlmann*)
26
Waiver
Voluntary relinquished: knowing, intellignet, and voluntary (*Brewer*)
27
6th Amendment Exception
Impeachment
28
Consequences
Suppression of testimony
Suppression of fruits
29
Fourth Amendment
Searches, Seizures, Exclusionary Rule, and §1983
30
When is a search a 4th Amendment search?
1. Government actor
2. Katz Expectation of privacy
3. Jones trespass test
31
Government Actor
Two factors for whether private party action implicates 4th A:
1. Degree of government encouragement, knowledge, or acquiescence
2. The purpose underlying the private party action
32
*Katz*
2-prong expectation of privacy test:
1. Subjective
2. Objective
33
*Jones*
Physical intrusion on "person, papers, houses, and effects"
Commercial units are not protected under* Jones* but rather under *Katz*
34
Six Search Exceptions
(COP DAT)
1. Consent
2. Open Fields
3. Plain View
4. Dogs K-9
5. Aerial Searches
6. Third Party
35
Exception #1: Plain View
1. Lawful initial presence (*Coolidge*)
2. Immediately apparent contraband giving **probable cause** (*Hicks*)
Other senses are included in plain "view"
36
Exception #2: Open Fields
1. No expectation of privacy under Katz (*Oliver*)
2. Not a trespass under *Jones*
37
Exception to Open Fields: Curtilage
Curtilage (four Dunn Factors):
1. Proximity to the home
2. Enclosure
3. Uses by owner
4. Steps taken to assert privacy
Front porch = curtilage
Front yards = not clear
38
Exception #3: Aerial Searches
*Ciraolo and Riley*:
1. Public navigable airspace
2. Physically non-intrusive
3. Observation through naked eye or basic technology
39
Part 1 - Exception #4: Third-party Doctrine
*Greenwood*: Trash outside curtilage
40
Part 2 - Exception #4: Third-party Doctrine
Pen & IP Registers: *Smith and Soybel* based on the assumption of risk when information is given to a third party
41
EXCEPTION to Exception #4: Third-party Doctrine
Cell-site location Information (*Carpenter*):
1. Not voluntarily given
2. Generated without user input
42
Exception #5: Dogs (Suitcase)
K-9 sniff of a suitcase is not a search (*Place*)
43
Exception #5: Dogs (Cars)
Not a search if:
1. Done during a traffic stop (*Caballes*)
2. Does not prolong the stop (*Rodriguez*)
44
EXCEPTION to Exception #5: Dogs (Home)
Dog sniff done from the curtilage (*Jardines*)
45
Dog Alerts & Probable Cause
A dog alert does not automatically give officers probable cause (*Harris*)
Even if officers have pc, they can seize but not immeditaely search absent exigent circumstance
46
If there was a search and no exception to the search applies, what is required
A warrant
47
Warrant Requirements
1. Issued by a neutral magistrate
2. PROBABLE CAUSE**
**3. Limited in scope and particularized (*Andersen*)
3. Warrant must be facially valid (*Groh*)
4. knock and announce (*Wilson, Hudson*)
4a. No knock warrant requires reasonable suspicion of exigent circumstances (*Richards*)**
48
What is the warrant was issued for the wrong premises?
*Garrison* - Reasonable mistake is allowed if:
1. Officers ended the search when they realized the mistake
2. Officers did not know or should have known of the mistake
49
Can the police detain people at the wrong premise?
Yes, if it was a reasonable mistake (*Rettele*)
50
While executing a valid warrant, can the police categorically detain other persons?
*Mena* - Yes for as long as 2/3 hours and they may question them as well
51
Anticipatory Warrants
2 requirements:
1. Probable cause that triggering event will occur
2. Probable cause that contraband will be found
52
If there was a search and officers did not have a warrant, what is needed to justify it?
Probable Cause + Warrant Exception (ICE ASS)
53
What is probable cause
Substantial chance, less than a preponderance of the evidence (*Wesby*)
54
Does an anynomous tip give probable cause?
NO, you need:
Anonymous tip + police corroboration (*Gates*)
55
Is 1/3 chance PC?
Not clear, but it was in *Pringle*
56
Is mere propinquity PC?
NO, per *Ybarra*
57
What is factored into the PC analysis?
1. What the officer knew
2. Collective knowledge of officers working on the matter (*Whren*)
58
What if the officer makes a mistake of law/fact
Mistake of law: must be a reasonable mistakes and the law must be ambiguous (*Heien*)
Mistake of fact: Reasonable mistake (*Heien*)
The mistake cannot be related to the probable cause assessment
59
Whether PC was established or not, what will the government look to next?
Warrant Exceptions (ICE ASS)
60
Six Warrant Exceptions (ICE ASS)
* I = Inventory Search (*Opperman, Lafayette*)
* C = Consent (*Randolph, Fernandez*)
* E = Exigent circumstance (*Hayden, King, Lange, Stuart*)
* A = Automobile exception (*Carroll, Carney, Collins, Acevedo*)
* S = Search Incident to Arrest (*Chimel Buie, Knowles, Gant, Birchfield, MItchell, Riley*)
* S = Special Needs (*Camara, Burger, Patel. Flores-Montano, Montoya-Hernandez, Sitz, Ferguson, Edmonds, Martinez-fuentes*, *TLO, Redding, Earls, Ferguson, Florence, Knights, Samson*)
61
ICE ASS
1. Inventory (*Opperman, Lafayette*)
2. Consent (*Randolph, Fernandez*)
3. Exigent (
4. Automobile
5. SITA
6. Special Needs
62
**EXC 1: Exigent Circumstances**
1. Hot Pursuit (King, Hayden, Lange)
2. Emergency Aid (Stuart)
3. Preventing destruction of evidence (King)
63
Hot Pursuit (requires PC)
1. suspect must be aware of the pursuit (*King*)
2. Automatic warrantless entry for felons only (Hayden)
3. For misdemeanors, warrantless entry is allowed if officer does not have sufficient time to obtain a warrant (*Lange*)
64
Emergency Aid (requires "Reasonable Basis")
Warrantless entry is permitted if there is an imminent threat to safety (*Stuart*)
65
Police-created exigency (level of suspicion not clear)
Destruction of evidence after knocking and announcing police (*King*)
The police conduct that creates the exigency must be lawful
66
**EXC #2: SITA (Requires PC)**
Divided into three categories:
1. Home
2. Car
3. Phone
67
SITA (Home)
1. Arrest warrant ≠ search warrant (*Chimel*)
The police may search incident to the arrest:
1. Arrestee's person
2. Area within immediate control for weapons or to prevent detsruction of evidence
68
SITA Home - Protective Sweep
*Buie:*
1. Can search area immediately surrounding place of arrest for persons (closets, and large spaces)
2. Other areas of the home: reasonable suspicion of a dangerous person is needed
3. Duration: no longer than necessary
69
SITA Car - Driver & Passengers
1. If traffic citation only, officer cannot search the vehicle (*Knowles*)
2. Officers can order the passengers out of the vehicle per *Terry*
3. Pat down requires reasonable suspicion that one is armed and dangerous
70
SITA Car - Car Proper
*Gant* - Officer may search the car if either:
1. The arrestee is unsecure and within reaching distance of the car OR
2. Reasonable suspicion that evidence relevant to the crime may be found
71
SITA - Car (Breath & Blood Tests)
1. Mandatory breath test is const (*Birchfield*)
2. Mandatory blood tests are not const absent exigent circumstance (*Birchfield*)
* 3. Exigent Cir = Unconscious DUI suspect (Mitchell)
*
* But the suspect may challenge by showing:
1. * Blood would have not have been drawn without the officer
2. Officer had aenough time to get a warrant
72
SITA - Phone
*Riley*: [Warrant or (PC + Ex Cr)]
73
**EXC #3: Automobile (Requires PC)**
*Carroll*: Probable cause required to search a vehicle without a warrant
74
Is Mobile Home an autombile?
*Carney*: if
1. Readily mobile
2. Publicly parked
75
What if the car is parked in the curtilage?
A warrant or exigent circumstance is needed (*Collins*)
76
What about containers inside Autombiles?
*Acevedo*
If police have pc that the car has contraband, they may search the containers within it (this is limited to containers that can fit the contraband)
If police have pc for a specific container, they may search only that container
77
**EXC #4: Inventory Searches (NO WARRANT NO PC)**
Two types:
1. Cars (Opperman)
2. Arrestees (Lafayette)
78
Inventory Searches: Cars
Vehicle invetory searches must be done according to (*Opperman*):
1. Standard police procedures
2. Policy is for noncriminal purposes
3. Police policy is needed to open closed containers found in the search
79
Inventory Searches: Humans (*Lafayette*)
Routine administrative inventory search of the arrestee. Admin purposes include:
1. protection of suspect property
2. Police against false claims
3. Officer safety
This includes any purse or bags carried by the arrestee
80
**EXC #5: Consent (NEITHER WARRANT NOR PC)**
General Rules (*Schneckloth*)
Home Consent (*Randolph & Fernandez*)
81
Consent: General Rules
*Schneckloth*:
1. knowledge of the right to refuse is not necessary
2. Anyone with actual or apparent authority
3. Deception to get consent is okay (unless about warrant/exigency)
82
Consent: Home Entry
Refusal of a physically present co-occupant vitiates consent (*Randolph*)
*Fernandez*: Physical presence overrides absent party
83
**EXC #6: Special Needs**
1. Administrative Warrants (*Camara, Burger, Patel*)
2. Travel & Borders (*Flores-montano, Montoya-hernandez*)
3. Checkpoints (*Sitz, Ferguson, Edmond*)
4. Schools (*TLO, Redding, Earls)
5. Hospitals (Ferguson)
6. Prisons (Florence)
7. Probationers (Knights)
8. Parolees (Samson)
9. DNA Collection (King)
10. National Security (EDMI)
84
Administrative Warrants - Residence
*Camara*: Warrant is required, and it must be based on:
1. Substantial government interest
2. Follows standards such as passage of time, type, condition
3. No particularized knowledge or suspicion is required
85
Administrative Warrants: Commercial
A warrant is required but two exceptions exist:
1. Burger:
* Substantial government interest
* Necessity of warrantless search
* Defined scope and authority
* Closely regulated business (Junkyards, mining, firearms, and liquor)
2. *Patel*: Pre-compliance review
86
Border & Travel
1. Land Border (Flores-montano)
2. Airports (Montoya-hernandez)
87
Border & Travel: Land Border
Flores Montano (NO reasonable suspicion is needed):
1. Disassemble the gas tank
2. May need to compensate the owner
Phone searches:
1. Manual phone search requires no suspicion
2. Forensic search there is a circuit split
88
Border & Travel: Airport
Montoya-Hernandez:
1. International travel
2. Reasonable suspicion is required to hold beyond a routine stop
89
Checkpoints (suspicionless stops)
*Sitz* balancing test (DUI checkpoint case):
1. Primary interest in preventing offense
2. Effectiveness of checkpoint
3. Degree of intrusion
*Edmond*: General crime fighting is not sufficient
90
Border checkpoints
*Martinez-fuentes*:
1. Must be within a small radius of the border
2. Must stop EVERY vehicle
91
Public Institutions
1. Schools (TLO, Redding, Earls)
2. Hospitals (Ferguson)
3. Prisons (Florence)
92
Schools
*TLO* - A school search does not require warrant but requires:
1. Reasonable suspicion that evidence of rule/law breaking will be found
2. Reasonable in scope and not overly intrusive (Backpack and purse are reasonable in scope)
*Redding* - More intrusive searches such as a strip search requires:
* Particular reasonable suspicion to the area searched
*Earls* - Suspicionless drug searches for students participating in extracurricular activities are constitutional, they must not be intrusive and must be used for non-general crime fighting
93
Hospitals
*Ferguson*: Suspicionless drug testing of pregnant women and turning over those results to law enforcement for prosecution is an unconstitutional search without consent or warrant
1. The primary purpose of the search is general law enforcement
2. The public hospital staff were working in kahoots with the police
94
Prisons
*Florence*: Suspicionless strip searches of all detainees to be admitted to the prison's general population is constitutional
95
Ex-criminals
1. Probationers (*Knights*)
2. Parolees (*Samson*)
96
Probationers
A probationer who waives 4thA rights as a condition of probation may be searched without a warrant, subject to limitations:
Suspicionless --> Person and effects
Not clear but reasonable suspicion suffices --> Home
97
Parolees
*Samson*:
1. Even less rights that a probationer in *Knights*
98
DNA Collection
*King*:
1. Arrest
2. Probable Cause
3. Serious offense
4. Non-intrusive DNA collection
If the above is there then the search is constitutional
99
National Security
*EDMI*:
A warrant is required for domestic surveillance even if national security is implicated
100
Fourth Amendment: Seizures
1. Arrests (*Watson, Royer, Hayes*)
2. Seizures (*Mendenhall, Bostick, Hodari, Torres*)
3. Terry Stops
4. Excessive Force (*Garner, Graham*)
101
Arrests - Felony
Probable cause of felony is sufficient to arrest (*Watson*)
Taking a suspect to the police station is an arrest (*Hayes*)
102
Arrests - Misdemeanor
PC and misdemeanor occurs in front of officer is sufficient for arrest
103
Arrest - Airport
Forcibly taking a person from public areas of the airport to an enclosed room is an arrest (*Royer*) REQUIRES PROBABLE CAUSE
104
Seizures
1. Definition (*Mendenhall, Bostick*)
2. Voluntary ≠ seizure (*Mendenhall*)
3. Fleeing suspect (*Hodari, Torres*)
105
Seizure - definition
*Mendenhall*: Person is not free to leave because the officer uses force or shows authority
*Bostick*: Decline officer requests and terminate the encounter
"free to leave" is not literal and it's about whether one can say no to the cops
106
Seizure of fleeing suspects
Hodari - Pursuit alone is not a seizure until:
1. Physical force with the objective to restrain is applied (*Torres*) OR
2. Submission by the suspect
107
**Terry Stops**
1. Only **reasonable suspicion** is required
2. Passengers can ordered out of the car (Wilson)
3. Duration: 20mins okay, 90 mins too long
4. Officer can handcuff obstructive suspect (produces 5thA custody and 4thA seizure)
108
What is Reasonable Suspicion?
Specific and Articulable facts, not an inarticulate hunch (*Terry*)
1. No divide and conquer (*Arvizu*)
2. Common sense inferences ok (*Glover*)
3. Anonymous Tips (*White, Navarette, JL*)
4. Flight from Police (*Wardlow*)
5. Profiles (*Sokolow*)
109
No Divide & Conquer
Even if each fact known to the officer can be innocently explained, what matters is the totality of the circumstances (*Arvizu*)
110
Common Sense Inferences
such as the owner of the vehicle is also the driver at the time of the stop are considered sufficient “reasonable suspicion.” (*Glover*)
111
Anonymous Tips (RS)
Courts will look to:
1. Nature of the tip (*White*)
2. Police corroboration (*JL*)
112
Nature of Anonymous Tip for RS
1. Predictive information (*White*)
2. First-hand witness (*Navarette*)
3. 911 system (*Navarette*)
4. Nature of alleged criminal activtiy (*JL*)
113
Police corroboration of an anonymous tip for RS
If tip is not predictive and there is not independent police corroboration --> NO REASONABLE SUSPICION
114
Flight from police (RS)
*Wardlow*:
High crime area + unprovoked + intentional flight = RS
115
Profiles for RS
*Sokolow*:
Drug courier profile is sufficient RS
Innocent facts may be included in the profile
116
Frisk During Terry Stop
*Dickerson*: Particular suspicion that the person is armed and dangerous is required. The search must be limited to "plain feel"
117
Terry Stop Identification
*Hiibel* Jurisdictions:
1. Police can compel someone to identify themselves in a Terry stop
2. Suspect's silence can be PC/RS
118
Terry Stop: questioning about a different offense
ACCEPTABLE (Rubenfeld)
119
Terry Stop: Passenger Compartment
May be searched if officer has reasonable suspicion that the suspect is armed and dangerous and within reaching distance (*Long*)
120
Excessive Force (4th A)
1. Deadly Force (*Garner*)
2. Excessive Force (*Graham*)
121
Exc Force: Deadly Force
*Garner* - Officer may use deadly force if:
1. Probable cause
2. Suspect is significant threat to safety
3. It's necessary to prevent escape
4. Prior warning if possible
122
Excessive Force Standard
*Graham* - Balancing test:
1. Severity of the crime
2. Immediacy of threat
3. Resisting or evading police
123
**Fourth Amendment: Exclusionary Rule**
1. Standing
2. Exceptions to the exclusionary rule
124
Exclusionary Rule: Standing
Ownership & Possessory Interest (*Rakas*)
1. Cars (*Rakas, Byrd, Brendlin*)
2. Home (*Olson, Carter*)
125
Exclusionary Rule - O&P interest: Cars (searches)
Byrd:
1. Lawful owners and possessors have a legitimate expectation of privacy
Byrd standard for non-owners:
1. Legitimate presence (not sufficient per Rakas)
2. Sole possession
3. Control of the vehicle
without ownership/possessory interest one cannot challenge a search
126
Exclusionary Rule - O&P interest: Cars (seizures)
When an officer stops a car, the passengers are seized an may challenge the stop (*Brendlin*)
* They must show that they were not free to leave
A car thief can challenge a stop because their person was seized, but they cannot challenge the seizure of the car (*Byrd*)
127
Exclusionary Rule - O&P interest: Homes
1. Overnight guests have an expectation of privacy (*Olson*)
2. Same day visitors do not have 4thA rights but these factors will be considered (*Carter*):
1. Purpose of the visit
2. Relationship to homeowner
3. Length of stay
128
Exclusionary Rule: Exceptions
1. Independent Source (Murray)
2. Attenuation
129
Exc Rule: Independent Source
*Murray*: Evidence initially discovered unlawfully but later obtained independently is admissible
Independent =
1. Agents seeking the warrant must not be prompted by the unlawful search
2. information obtained from the unlawful search is not used to influence the magistrate
130
Exc Rule: Attenuation
**Voluntary statements given post unlawful arrest (*Brown*)**
Brown factors to consider whether the taint is purged:
1. Temporal proximity between arrest and confession
2. Purposefulness and flagrancy of the violation
3. Intervening circumstances (*Strieff* - outstanding warrant or break in custody)
131
Exc Rule Exception: Good Faith
*Leon* - officers act in objective good faith on a defective warrant then no suppression
Exceptions to *Leon*:
1. If affiant lied to magistrate
2. Magistarte wholly abandoned role
3. Warrant facially deficient
132
Exc Rule Exception: Knock & Announce
Violations of the knock and announce rule do not trigger the exclusionary rule (*Hudson*)
133
Exc Rule Exception: Impeachment
The *Haven* case
134
Fourth Amendment: Other Remedies
1. Injunctive relief (*ex parte young, Lyon*)
2. Money Damages (*Monell Harlow*)
135
Fourth Amendment: Other Remedies - Injunctive Relief
1. Plaintiff may sue for IR a state officer in their official capacity (*ex parte young*)
2. *Lyon* standing requirement:
* Plaintiff must show a real and immediate threat of future injury (high likelihood)
136
Fourth Amendment: Other Remedies - Money Damages
May be brought against:
1. Municipality, school board, department (*Monell*):
* No respondeat superior liability
* Must be a policy or custom that inflicted the injury
2. State officials in their personal capacity:
* They may have qualified immunity: An officer is protected from paying monetary damages unless they violate clearly established statutory or constitutional rights that a reasonable officer would have known about (*Harlow*)
137
**Double Jeopardy**
1. Are there multiple prosecutions
2. Was D acquitted in the first prosecution?
3. When can the prosecution appeal or retry
4. Is the second prosecution for the same offense? (*Blockburger*)
5. Did jeopardy attach in the first prosecution?
6. Does an exception apply?
138
If Acquittal --> No Retrial
4 ways to be acquitted:
1. Jury not guilty verdict
2. Judge not guilty verdict
3. mid-trial ruling on insufficiency of the evidence (unless state law or the judge state otherwise)
4. Appeals court overturns for insufficiency of the evidence (*Burks*)
* No reasonable juror could convict given the evidence
139
Prosecution can appeal / retry when:
1. Case dismissed pretrial (no jeopardy attached)
2. JNOV after jury's guilty verdict (prosecution can appeal because the appeal may set aside the JNOV and reinstate the jury verdict)
3. Defendant wins an appeal on fairness of the procedures
4. Defendant is convicted of attempted murder then victim dies six months later
140
What is the same offense?
*Blockburger*: If each offense requires proof of an element that the other does not
Greater and lesser included offenses are considered the same offense (*Blockburger*)
Conspiracy is not a GIO or LIO
141
When does jeopardy attach?
Jury trial: When the jury is impaneled and sworn
Bench trial: When the judge begins to hear evidence
142
**Double Jeopardy Exceptions**
1. Retrial after mistrial (*Perez, Sanford, Kennedy, Dinitz*)
2. Dual sovereignty (*Bartkus*)
3. Multiple Charges & Punishment (*Rutledge*)
143
DJ Exception #1: Retrial After Mistrial
1. If mistrial is due to "manifest necessity" then retrial is allowed (Perez)
2. A hung jury constitutes manifest necessity (*Sanford*)
3. If defendant moves for mistrial then he can be retried (unless prosecutor/judge goaded him into demanding the mistrial - *Kennedy*)
4. If the judge orders a mistrial in good faith then retrial is allowed (*Dinitz*)
144
DJ Exception #2: Dual Sovereignty
1. Federal - state prosecutions for the same crime is allowed unless the authorities are acting as a tool or sham for each other (Bartkus)
2. State and local prosecutions are not allowed because local governments are state government bodies
145
DJ Exception #3: Cumulative Punishment
*Rutledge*: When multiple charges are filed for the same underlying offense, the punishment imposed must adhere to the legislative intent behind the statute
146
*Brown v. Mississippi* (1936)
Officials using physical force makes a confession involnutary
147
*Spano*
Psychological coercion makes a confession involuntary. Factors:
1. Length of interrogation
2. Age
3. Education
4. Mental health
5. Experience with the justice system
148
*Lewis*
Shocks the conscious (hail mary)
149
*Lynum*
Deception does not make a case involuntary (except threats of violence)
150
*Connelly*
Mental illness does not make a confession involunatry
151
*Schmerber*
Testimonial requirement: Blood, fingerprints, DNA are not testimonial
152
*Berkemer*
Custody definition for Miranda:
Arrest or sig dep of freedom
1. Age can be taken into account
2. Duration of the stop
3. Location
153
*Miranda*
1. Silence
2. Used against you
3. Counsel
4. Counsel afforded
154
*Innis*
Interrogation under Miranda = Any words or action reasonably likely to elicit an incriminating response
155
*Mosley*
When can officers remirandize:
1. Break in custody
2. Sufficient time lapse (2 hours is enough)
156
*Elstad*
No Miranda then Miranda statements are admissible unless officers are acting in bad faith or use the strategy systemically
157
*Thompkins*
Miranda right to silence must be unambiguously invoked
Suspect must understand the Miranda rights
158
*Davis*
Right to counsel must be unambiguously invoked (*Miranda*)
159
*Edwards*
Once the 5th A RtoC is invoked, police cannot reinitiate questioning
160
*Roberson*
Officers unaware that suspect invoked 5thA RtoC may not continue questioning
161
*Shatzer*
14-day rule: After a suspect invokes the 5thA RtoC and there is a break in custody, the officers cannot reinitiate until 14 days pass from cutody
162
*Butler*
Waiver of Miranda rights must be knowing and voluntary. Silence alone is not waiver, implicit conduct is sufficient though
163
*Salinas*
Non-custodial Pre-Miranda silenece can be used as evidence of guilt
164
*Quarles*
Public Safety exception to Miranda: Officer knows of reasonable danger.
Applies to both statements and physical evidence
165
*Muniz*
Booking Exception for Miranda
166
*Kastigar*
Use & derivative use immunity is sufficient to compel a witness to testify
167
*Hubbell*
Government must specify the documents they subpeona
One may not comply if compliance with the request is:
1. tetsimonial
2. incriminating
168
*Perkins*
Undercover agents exception to Miranda
169
Harris v. NY
Miranda tainted statements may be used to impeach
170
*Seibert*
No Miranda then Miranda:
Enough time must pass between the two
171
*Patane*
Physical evidence obtained from tainted Miranda statements are admissible
172
*Tucker*
Identity of witness obtained from a Miranda tainted confession is admissible
173
*Duckworth*
Miranda does not have to be read verbatim
174
*Kirby*
6thA Initiation of proceedings: Charges, indictment, arraignment, preliminary hearing
175
McNeil
6thA right to counsel is offense-specific
176
*Henry*
6thA Deliberately eliciting test
177
*Kuhlmann*
6thA: Passive or secretive listening is not deliberate elicitation
178
*Brewer*
6thA waiver must be knowing, intelligent, and voluntary
179
*Katz*
2 prongs for expectations of privacy:
1. Subjective
2. Objective
180
*Jones*
Physical intrusion on persons, papers, houses, and effects
Does not apply to commercial units
181
*Coolidge*
Plain view exception to searches:
1. Lawful presence of officer
2. Contraband is immediately apparent
182
*Hicks*
Plain view exception to searches:
1. Plain view means an officer cannot move the object to further inspect it. Further inspection is a separate search that requires probable cause
183
*Oliver*
Establishes the open fields exception to searches
184
*Dunn*
4 factors for curtilage assessment:
1. Proximity to home
2. Enclosure
3. Use by owner
4. Steps taken to establish privacy
185
*Ciraolo & Riley*
Aerial View exception to searches:
1. Lawful public airspace
2. No special technology
3. Not physcially intrusive
186
*Kyllo*
High tech searches standard:
1. Tech not in general public use
2. uncovers detailes formerly unknown without physical intrusion
187
*Greenwood*
3rd Part exception to searches:
Trash outside the curtilage has no privacy protection
188
*Smith*
3rd Party Exception to searches:
1. Pen Regsitry
189
*Soybel*
3rd party exception to searches:
IP registry
190
*Carpenter*
CSLI: A warrant is required because:
1. Not voluntarily given
2. Does not require user input
191
*Place*
Dog exception to searches: A dog sniff of a suitcase is not a search
192
*Caballes*
Dog exception to searches: Dog sniff of a car during a traffic stop is not a search (must not prolong the stop)
193
*Rodriguez*
A dog sniff during a traffic stop must not prolong the stop, otherwise it may become a search
194
*Jardines*
A dog sniff done from the front porch of a house (curtilage) is a search
195
*Florida v. Harris*
A dog alert does not give automatic PC, it is a TOC test:
1. Field performance records
2. Certification
3. Training
196
*Andersen*
A search warrant must particularly describe the items to be seized and relate them to a specific crime to avoid being a prohibited general warrant.
197
*Groh*
The warrant itself must particularized. The warrant application is not sufficient
198
*Garrison*
Third floor had two apartments instead of one:
Mistakenly but reasonably searching a portion of the premises officers did not know was outside the scope of the warrant is OK
199
*Rettele*
Mistake of premises in warrants: Detaining persons while executing a reasonably mistaken warrant is constitutional
200
*Mena*
While executing a search warrant, officers may detain, even handcuff, and even question persons at the premises if it does not prolong the search (to protect officers and prevent flight)
201
*Hudson*
No exclusionary rule for knock and announce violations
202
*Richards*
No-knock warrant requires exigent circumstance such as officer safety or destruction of evidence
203
*Gates*
Anonymous tip + police corroboration = PC
204
*Pringle*
1 in 3 chance may give probable cause based on the TOC
205
*Ybarra*
Mere propinquity to unlawful activity or contraband does not give PC
206
*Whren*
Subjective intentions of police officer are not relevant for the PC determination
Facts known to the officer are relevant
Collective knowledge doctrine
207
*Heien*
Mistakes of law: must reasonable and law ambiguous
Mistakes of fact: Must be reasonable
Mistakes on PC determination: NOT OKAY
208
*Hayden*
Exigent circumstances (Hot pursuit): Officers may enter, search, and seize evidence if they are pursuing a a fleeing FELON
209
*King*
Police created exigencies from lawful conduct are OK
Suspect must be aware that they are fleeing the cops for the hot pursuit exigency to apply
210
*Lange*
Hot Pursuit for misdemeanors applies if the officer does not have enough time to get a warrant
211
*Stuart*
Emergency Aid Exigency:
Officer must have reasonable basis of an imminent threat
212
*Payton*
Routine felony arrests in the home require a warrant
213
*Chimel*
**SITA**
An arrest warrant ≠ search warrant but the police may search:
1. Arrestee's person
2. Area within arrestee's immediate control
214
*Buie*
SITA
Protective Sweep: Police may search spaces where an ambush can be launched in the **adjoining spaces**
Additional RS is needed for other areas of the home
215
*Knowles*
SITC
Police may not search the entire vehicle in SIT citation
216
*Gant*
SITA
Police may search a car in SITA if:
1. The arrestee in unsecured and within reaching distance of the car
2. Officer has reasonable suspicion that evidence of the releveant crime will be found
217
*Birchfield*
SITA
Mandatory Breath tests are okay
Mandatory blood tests are not okay (absent exigent circumstances)
218
*Mitchell*
SITA
Unconscious DUI suspect is an exigent circumstance for involuntary blood draw. Defendant may challenge if they can show:
1. Blood would not have been drawn
2. Officer had enough time to obtain a warrant
219
*Riley*
SITA
An officer may not search a phone in SITA without a warrant or probable cause + exigency
220
*Carroll*
Autombile exception to warrants (only probable cause is required)
221
*Carney*
Mobile Home is an autombile if:
1. Readily mobile
2. Publicly parked
222
*Acevedo*
Probable cause that a car has contraband is sufficient to search it and search containers that can fit the contraband within it, including cutting open the upholstery
223
*Collins*
Automobile exception does not apply to ones parked in the curtilage
224
*Opperman*
Car inventory searches require neither probable cause nor a warrant but must be done based on police procedures
225
*Lafayette*
Arrestees may be inventoried at the station including their personal bags or purses (routine administrative search)
226
*Schneckloth*
Consent rules for warrant exception:
1. TOC
2. Deception is okay
3. knowledge of the right of refusal is not needed
227
*Randolph*
Physical presence at the house is needed to override the consent of the co-inhabitant
228
*Fernandez*
Affirms the rule in *Randolph*
229
*Camara*
Admin Warrants required for residential units
230
Patel
Pre-compliance review can substitute for administrative warrant
230
*Burger *
Admin warrant is required for commercial units unless:
1. Gov sub interest
2. Necessity of warrantless search
3. Defined scope and authority
4. Closely regulated business: Junkyards, mining, firearms, and liquor
231
Flores-Montano
Suspicionless car disassembly at the border is okay (special needs)
232
Montoya-Hernandez
RS only is required for a nonroutine airport search
233
*Sitz*
Balancing test for checkpoints:
1. State's primary interest
2. effectiveness
3. intrusion
4.
234
*Edmond & Ferguson*
General crime fighting is not okay for checkpoints
235
Martinez-fuentes
Near border checkpoints need to stop every vehicle
236
TLO
RS of rule/law breaking is sufficient for a non-intrusive search
237
Redding
More intrusive searches in school require particularized reasonable suspicion
238
Earls
School drug testing students participating in extracurricular activities and using the results for disciplinary actions is ok
239
Florence
Prison strip saerches for everyone admitted to the general population is OK
240
Knights
Probationers
241
Samson
Parolees
242
Maryland v. King
Nonintrusive DNA collection from a suspect arrested on probable cause for a serious offense is OK. Court may look to what the DNA was used for.
243
EDMI
244
*Watson*
An officer with probable cause to believe that a suspect committed a felony may arrest them without a warrant if outside the home
245
*Royer*
Officers forcibly taking someone to an enclosed room at the airport is an arrest and requires probable cause
246
*Hayes*
Forcibly taking a suspect to the station is an arrest and requires PC
247
Mendenhall
248
Bostick
249
Hodari
250
Torres
251
Wilson
In a Terry stop, officers can order the occupants out of the car
252
Terry
RS only is required to stop a car
253
*Arvizu*
254
*Glover*
255
*Vanessa White*
256
*Navarrette*
257
*Florida v. JL*
258
*Wardlow*
259
*Sokolow*
260
*Hiibel*
261
*Garner*
262
*Graham*
263
*Rakas*
264
*Byrd*
265
*Brendlin*
266
Olson
267
Carter
268
Murray
269
*Brown (Attenuation)*
270
Strieff
271
Leon
272
Monell
273
Lyon
274
Harlow
275
Burks
276
Perez
277
Sanford
278
Blockburger
279
Rutledge
280
Kennedy
281
Dinitz
282
Bartkus
