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31 Cards in this Set
- Front
- Back
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Rule: for what offenses does the Fourth Amendment permit arrest
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ANY offense.
Including those punishable by monetary fine only. |
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Define: Arrest
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in custody
against will for interrogation or prosecution |
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Rule: Situations considered de facto arrests
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When the police compel someone to come to the station house for questioning or for fingerprinting.
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Basic Rule: Arrest and Warrants
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You do NOT need a warrant in a public place.
You DO need a warrant in someone's home. In the home of a third party, need BOTH search AND arrest warrants. |
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Rule: Common Enterprise Theory and Arrest
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During a traffic stop, if officer discoveres evidence that suggests a common unlawful enterprise. . .
may arrest ALL PASSENGERS, based on shared dominion and control over contraband. |
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Challenges to Constitutionality of a Confession (3)
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1: Due Process--14th Amendment
2: 6th Amendment--Right to Counsel 3: 5th Amendment--Miranda |
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NYS Distinction: Challenges to Constitutionality of Confession
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May ALSO bring a challenge under NY's INDELIBLE RIGHT TO COUNSEL.
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Rule: Standard for Confessions under Due Process Clause of the 14th Amendment
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INVOLUNTARINESS
Exclude if the confession is the product of police coercion. |
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Rule: Standard for Confessions under the 6th Amendment
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6th Amendment attaches when formally charged, NOT upon arrest.
Applies ONLY to the charged offense--no protection for interrogation regarding other, uncharged criminal activity. |
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NYS Distinction: Standard for Indelible Right to Counsel
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GREATER protection than the 6th Amendment
Attaches when: 1: in custody, with police activity "overwhelming to the lay person" and defendant REQUESTS counsel 2: at arraignment 3: on the filing of an accusatory instrument 4: any significant judicial activity If taken in for custody on a charge and request counsel, police MAY NOT question about other, unrelated matters. |
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NYS Distinction: Waiver of Indelible Right to Counsel
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Waiver MUST take place in the attorney's presence.
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Rule: Core Miranda Warnings
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1: right to remain silent
2: anything you say or do will be used against you in a court of law 3: you have the right to an attorney 4: you have the right to have an attorney appointed. |
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Basic Rule: When are Miranda Warnings Necessary
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1: In Custody
2: Interrogation |
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Define: In custody for Miranda Purposes
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If the atmospheres is characterized by police domination and coercion, such that his or her freedom of action is limited in a significant way.
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Define: Interrogation for Miranda Purposes
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Any conduct the police knew or should have known was likely to elicit an incriminating response.
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Rule: Public Safety and Miranda
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If custodial interrogation is prompted by an immediate concern for public safety, Miranda warnings are unnecessary, and any incriminating statements are admissible against the suspect.
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Rule: Valid Miranda Waiver
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Core Requirements:
KNOWING and INTELLIGENT: understands the nature of his rights and the consequences of abandoning them. VOLUNTARY: not the product of police coercion |
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NYS Distinction: Valid Miranda Waiver
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If police use deception or concealment to keep a parent away from a child being interrogated, the child's waiver may be deem invalid.
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Rule: Miranda Waiver Burden of Proof
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Prosecution bears the burden of proving a valid waiver by PREPONDERANCE OF THE EVIDENCE.
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If suspect asserts right to remain silence, can police resume questioning later on a different matter?
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YES, provided they "scrupulously honor" the earlier request and obtain a valid Miranda waiver.
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Rule: Questioning once a suspect requests counsel
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ALL questioning must cease, UNLESS initiated byt he suspect.
Miranda is NOT offense specific. May not question on any subject outside the presence of an attorney. |
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Rule: Admissibility of Statements in Violation of Miranda
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1: INADMISSIBLE in case in chief
2: ADMISSIBLE to impeach 3: INADMISSLBE to impeach 3rd parties |
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Rule: Miranda and Physical Fruits
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A Miranda violation does NOT require suppression of the PHYSICAL fruits of unwaived by VOLUNTARY statements.
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Rule: Admissibility of Subsequent Statements and Miranda
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Statements subsequent to an inadmissible statement ARE admissible with a VALID waiver. . .
PROVIDED, that the initial violation was not through the use of inherently coercive police tactics offensive to due process. |
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Rule: Accidently Admitted Evidence and Miranda Violations
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If evidence that should have been excluded under Miranda was admitted, a guilty verdict will stand if:
1: error was harmless 2: defendant would have been convicted without the tainted evidence. |
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Rule: FIFTH Amendment Right to Counsel and PreTrial ID procedures
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NO Fifth Amendment Right to Counsel
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Rule: SIXTH Amendment Right to Counsel and PreTrial ID procedures
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Right to counsel at LINEUPS and SHOWUPS that take place AFTER formal chargin.
NO right to counsel for PHOTO ARRAYS. |
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Rule: INDELIBLE Right to Counsel and PreTrial ID procedures
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Right to counsel BEFORE charging if:
1: police are aware that you have counsel 2: request counsel present |
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Rule: Pretrial ID Procedures and Due Process
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Violates the due process clause of the 14th amendment when:
so UNNECESSARILY SUGGESTIVE that there is a substantial likelihood of MISIDENTIFICATION |
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Rule: Remedy for Unconstitutional Pretrial IDs
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Exclude that witness's ID AT TRIAL.
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Rule: In court ID after an unconstitutional pretrial ID
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Generally not allowed, UNLESS
prosecution can prove that the ID is based on observations OTHER than the unconstitutional show up, line up, or photo array. Look at: -witness opportunity to view defendant -certainty of ID - specificity of the information offered |
