Fourth Am. Principals: Arrest Search and Seizure Flashcards
(27 cards)
Fourth am
people should be free from unreasonable searches and seizures and that there must be probable cause for the warrant
search
intrusion upon persons legit and reasonable expectation of privacy by gov.
seizure
gov. excercises control over person or item
seizure of person
under totality of circumstances, a reasonable person would feel that he was not free to decline the officer’s request or otherwise terminate the encounter.
arrest
when police take person in to custody against her will for prosecutional pruposes or interrogations
an arrest must be
based on probable cause - trustworthy facts or knowledge sufficient for reasonable person to believe the suspect commited this offense
reasonable expectation of privacy test
1) what measures has the person taken to protect their privacy? 2) measures in which society is prepared to recognize as adequete
valid warrant requirement
1) issued by neutral and detatched mag 2) supported by prob cause and particularity 3) properly executed
what happens when the warrant is not valid
did the police officer rely on defective warrant in good faith? may be fine
When can a guilty plea be withdrawn
the court MAY permit a guilty plea to be withdrawn prior to sentencing
If good cause is shown the court MUST permit a guilty plea to be withdrawn
probable cause hearing - can evidence be used?
substantive evidence from probable cause hearing may not come in at trial
felonies
offenses punishable by death or incarceration in a state correctional facility for a period exceeding one year
when can bail be modified
showing of good cause, provided the state give defense counsel at least three hours notice
post conviction release - when can it be granted?
may not be granted to one who has been convicted of felony and has not had civil liberties restored
what motion should the court grant if someone was convicted of an offense for which they could not be convicted of under the indictment or information
must grant a motion to arrest the judgment
when is a defendant not allowed to take a depo
if the person was performing only a ministerial function in the case
which motions can be raised at any time
motion to dismiss bc no material facts in dispute, the defendant has been pardoned, previously has been placed in jeapordy of the same charge, has been granted immunity
what is not a exceptional circumstance permitting extension of speedy trial
general congestion in court docket system
what are some good cause reasons
case is complex, unexpected unavailability of necessary witness, accomodation of co-defendant when there is no reason to sever
what are speedy trial rights out of state?
no speedy trial rights
incompetency - how long until dismiss?
if at any time after five years following the determination of incompetency in a felony case, the court determines remains incomp, it must dismiss all charges without prejudice - can still file any time in the future if gains competency
what must you provide in discovery
recipricol - both must present names and addresses of defense witnesses expected to be called, statements of defense witnesses, reports of experts, or other papers to be used at trial
does florida recognize battered wife?
yes
how long does a defendant who pleads guilty have to file a motion to withdraw after sentence
30 days after rendition of the sentence on the grounds of sentencing error
