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23 Cards in this Set
- Front
- Back
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What is the "Fruit of the Poisonous Tree Doctrine?"
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i. Exclude all evidence obtained or derived from the illegally obtained evidence (ie from violations of the 4th, 5th, or 6th amendment)
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How do you break the chain of the "Fruit of the Poisonous Tree Doctrine?"
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1. Independent Source
2. Inevitable Discovery 3. Intervening Acts of Free will by Defendant |
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What are the first 4 of the 8 limitations on the exclusion doctrine?
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1. Doesn't apply to grand juries
2. Does not apply to civil proceedings 3. ONly applies if violation of the constitution or federal law 4. iv. Not an available remedy in parole revocation proceedings |
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What are the last 4 of the 8 limitations on the exclusion doctrine?
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1. Good Faith Reliance on Existing Law or Defective Search Warrant (NY doesn't recognize)
2. State can maybe use excludable evidence for impeachment purposes 3.Exclusion is not available for knock and announce rule. 4.Fruits derived from statements made in violation of mrianda, may still be admissible. |
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What do the police need to arrest you?
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Probable cause. If its in your own home, they need a warrant.
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What are the NY distinctions on arrest?
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i. 4 stages (gradually escalating)
1. For request for information ‡ whim or caprice 2. For “inquire”, brief detention ‡ founded suspicion that criminal activity is afoot 3. For Stop and Frisk ‡ Reasonable Suspicion 4. For Arrest ‡ Probably Cause |
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What is the three step move for dealing with whether a search is valid or not?
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i. Are we even dealing with a 4th amendment right?
ii. Did the police have a valid search warrant? iii. Can you fit it within the 6 narrowly defined EXCEPTIONS |
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What do we mean when we ask, "are we even dealing with a 4th amendment right? "
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1. Is there even govt conduct?
2. Was there a reasonable expectation of privacy? |
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What are 10 things that are never private?
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i. Sound of one’s voice
ii. One’s handwriting iii. Paint on the outside of the car iv. Bank records v. Location of one’s car on public streets or arrival at private residence vi. That can be seen across open fields vii. That can be seen flying overhead viii. Odors from luggage ix. Garbage left for collection |
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What do we mean by " ii. Did the police have a valid search warrant? "
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Must be proper, based on probably cause, issued by an impartial magistrate.
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IN NY, how can an informer's affidavit lead to a warrant?
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i. Affidavit must set forth sufficient underlying facts and circumstances to let the magistrate know how the informant got her information
ii. Affidavit must support the reliability and credibility of the informer. |
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What are the 6 narrowly defined exceptions, ie times you don't need a warrant?
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1. Search was incident to a lawful arrest. (on person and wingspan, in the car, your wingspan is the interior)
2. Automobile Exception (just need probable cause) 3. Plain View 4. Consent 5. Stop and Frisk (reasonable suspicion and how much it looks like a gun or contraband) 6. HOt pursuit and evanescent evidence |
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What's the exception to the need for warrant for eavesdropping and wiretapping that you could drive a truck through?
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The unreliable ear. If one consents, you're fucked.
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What are 2 requirements of Miranda?
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that you be in custody
that there be an interrogation. If these 2 aren't present, you don't need to be read your miranda rights. |
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NY distinctons for right to counsel?
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b. NY distinction – NY law affords GREATER protection than the US constitution.
i. “Indelible Right to counsel” attaches when: 1. Request for attorney while in custody 2. Arraignment 3. Filing of accusatory instrument 4. Significant judicial activity 5. Unrelated Charges |
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If a criminal has an attorney for a certain offense, and you want him to waive it...
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the waiver has to be in the presence of that attorney.
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what are the 2 substantive ways to attack a line up identifiaction?
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i. Denial of right to attorney present at lineup so he can observe any suggestive aspects of the lineup
ii. Denial of due process (Unnecessarily suggestive and substantial likelihood of misidentification) |
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What must the grand jury have to indict?
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To indict, a grand jury must have legally sufficient evidence presented before it.
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What happens to a confession taken in violation of miranda, but otherwise voluntary?
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May be used to impeach, but not to prove guilt.
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In NY, when may a grand jury indict someone?
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A grand jury may indict a person for an offense when the evidence before it is legally sufficient to establish that such a person committed the offense.
Its prima facie proof that the D commited the crime. |
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In NY, can you be indicted (or convicted) on the uncorroborated testimony of an accomplice?
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No.
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Define accomplice?
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SOmone who took part in the preparation or perpetration of the crime with the intent to assist therein, or that they counseled, induced or encouraged the crime.
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Can I be indicted, under NY law, based upon my admission alone, absent additional proof
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No.
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