Intro to Criminal Procedure Flashcards
(36 cards)
Exclusionary Rule
Generally prohibits the introduction at trial of evidence obtained in violation of the Fourth, Fifth, or Sixth Amendments.
Miranda
Generally prohibits introduction at trial of statements obtained from people through interrogation while in police custody unless they are first informed of various rights and warned of consequences of waiving those rights.
Fourth Amendment
Right to be free from unreasonable searches and seizures of person and property by government.
Defining a “Seizure”
Under the totality of circumstances, or
A reasonable person would not feel free to decline officer’s requests and terminate the encounter, or
A physical application of force or submission to a show of force, or
Arrest
Terry Stop (Investigatory Detentions)
Automobile Stops
Deadly Force
Arrest
Must be based on probable cause
No warrant required if done in public.
Warrant will be required for arrest in own home.
Terry Stops
May be made on reasonable suspicion supported by articulable facts.
Reasonable suspicion determined by totality of circumstances.
Informer’s tips must be accompanied by indicia of reliability.
Police must act in a diligent and reasonable manner in confirming or dispel- ling their suspicion (cannot take too long).
Automobile stops
Generally must have at least reasonable suspicion that a law has been violated.
Exception—special law enforcement needs can justify suspicionless roadblocks. Cars must be stopped on basis of a neutral, articulable standard. Must serve purpose closely related to a particular problem pertaining to automobiles and their mobility.
Automobile stops
Generally must have at least reasonable suspicion that a law has been violated.
Exception—special law enforcement needs can justify suspicionless roadblocks. Cars must be stopped on basis of a neutral, articulable standard. Must serve purpose closely related to a particular problem pertaining to automobiles and their mobility.
Standing to Challenge Search or Seizure
Defendant may complain only about interference with own reasonable expectation of privacy or physical intrusion into own constitutionally protected area. Determined under totality of circumstances.
Places Where There is a Reasonable Expectation of Privacy
Places owned by the person
Person’s home—whether or not person owns or has a right to possess
Place in which person is at least an overnight guest
No reasonable expectation of privacy in things held out to the public (sound of one’s voice, smell of one’s luggage, etc.)
Reasonable expectation of privacy in home extends to curtilage.
Places Where There is a Reasonable Expectation of Privacy
Places owned by the person
Person’s home—whether or not person owns or has a right to possess
Place in which person is at least an overnight guest
No reasonable expectation of privacy in things held out to the public (sound of one’s voice, smell of one’s luggage, etc.)
Reasonable expectation of privacy in home extends to curtilage.
Warrant Requirements
Issued by neutral and detached magistrate.
Based on probable cause to believe that seizable evidence will be found in place to be searched.
Describes with particularity the place to be searched or items to be seized.
Invalid if based on a material false statement that was intentionally or recklessly included.
Must generally knock and announce authority.
Exceptions to Warrant Requirement
Search incident to lawful arrest Automobile Exception Plain View Consent Stop and frisk Hot Pursuit Evanescent evidence Emergency Aid/Community Caretaker Inventory searches incident to arrest Reasonable public school searches by school officials Mandatory drug testing if it serves special needs Border Searches
Was Due Process Violated—Involuntary Confession?
Judged by a totality of the circumstances.
Government compulsion makes confession involuntary.
Harmless error test applies if involuntary confession erroneously admitted into evidence.
Was Sixth Amendment Right to Counsel Violated?
- Applies at all critical stages of the prosecution
- Attaches when adversary judicial proceedings are begun.
- Offense specific—pertains to only one charge and defendant must ask again if later charged with separate, unrelated crime.
- Waivable—must be knowing and voluntary.
- Remedy—if defendant was denied his right at trial, automatic reversal (harmless error rule applies as to nontrial proceedings).
- Statement made in violation of Sixth Amendment may not be used to prove guilt but may still be used for impeachment.
6th Amendment
Right to Assistance of Counsel.
Waiver of Miranda Rights
1) Waiver must be knowing and voluntary.
2) Judge under totality of the circumstances test.
3) If warnings given and defendant talked, valid waiver generally found.
4) If right claimed, request must be scrupulously honored (cannot ask more about the crime).
Invoking Right to Counsel
1) All questioning must cease
2) Defendant may voluntarily reinitiate questioning
3) Request for counsel must be unambiguous
4) Duration of prohibition against questioning—14 days after defendant returns to normal life.
Effect of Rights Violations at Trial
a. Evidence inadmissible at trial
b. Statements may still be used to impeach defendant’s testimony
c. Defendant’s silence after receiving warnings cannot be brought up
d. Harmless error test applies
e. Public safety exception—responses to questioning without Miranda warnings may be admissible if questioning was reasonably prompted by a concern for public safety.
Exceptions to Fruit of the Poisonous Tree
1) Independent Source
2) Attenuation—intervening act or circumstance
3) Inevitable discovery by police
4) Live witness testimony
5) In-court identification
6) Violations of no-knock entry rule
7) Good faith reliance on a defective search warrant
8) Use of evidence to impeach
Gerstein Hearing
Preliminary Hearing with the purpose of determining probable cause.
Not required if probable cause already found (e.g., by grand jury or under arrest warrant).
Hearing must be within reasonable time (48 hours).
Initial Appearance
Occurs soon after arrest. Defendant is told of charges and bail is set. Counsel will also be appointed if needed.
Bail
Bail is a right for federal prosecutions. Not required of states but many state constitutions or statutes require.
Where right exists, excessive bail is an Eighth Amendment violation and unfair procedures violate due process.
Grand Juries
Not required of states (but some state constitutions require). Upon finding probable cause, grand jury issues a “true bill.” Secret proceedings. Broad subpoena power.
No right to:
a. Counsel
b. Miranda warnings
c. Warnings that witness may be a “potential defendant”
d. Exclude evidence that would be inadmissible at trial
e. Challenge subpoena for lack of probable cause.
