Crim Pro

Front 1

Exceptions to the "Fruit of the poisonous tree" doctrine?

Back 1

1. Fruits derived from statements obtained in violation of Miranda.

2. Evidence obtained from a source independent of the original illegality.

3. Intervening act of free will by the accused.

4. Inevitable discovery.

5. Violations of the knock and announce rule.

Front 2

Limitations on the exclusionary rule?

Back 2

1. Grand juries (except illegal wiretapping evidence), civil trials, parole revocation proceedings.

2. Evidence obtained contrary only to agency-internal rules.

3. Police acted in good faith based on case law, a facially valid statute or ordinance, or a computer report containing errors not attributable to police.

4. Police relied in good faith on a defective warrant, [unless it was so improbable it could not be relied on, it was defective on its face, affiant lied to or misled the magistrate, or the magistrate wholly abandoned his judicial role.

5. Voluntary confessions contra Miranda is admissible for impeachment.

6. Evidence obtained from an illegal search can be used to impeach defendant.

7. Does not apply to violations of the knock and announce rule.

Front 3

What happens if illegal evidence is admitted against a criminal defendant?

Back 3

The conviction is overturned on appeal unless the government proves beyond a reasonable doubt that the error was harmless. But lack of assistance of counsel is never harmless.

In a habeas proceeding alleging constitutional error, the accused is released if she can show substantial and injurious effect on jury's verdict.

Front 4

Is a warrant required to arrest somebody in public?

Back 4

No.

Front 5

Standards for detaining a person?

Back 5

Reasonable suspicion that's more than just a hunch (needs to be an articulable reason). Reasonable suspicion that the person is armed and dangerous --> permitted to frisk.

Front 6

What's a detention?

Back 6

Police can stop a person on reasonable suspicion of criminal activity or involvement in a past crime. Can detain a person long enough to conduct a limited investigation to verify the suspicion. Police can require the person to give them their name, and can arrest her for refusing to do so.

Front 7

Can a detention "ripen" into an arrest?

Back 7

Yes, if probable cause for arrest arises during the detention.

Front 8

Property seizure - standards?

Back 8

Same as for an investigatory detention.

Front 9

When can police stop cars?

Back 9

Reasonable suspicion that the law has been violated, OR roadblocks for special law enforcement needs.

Front 10

What requirements are there for a valid roadblock?

Back 10

1. It must stop cars based on some neutral standard (e.g. every car).

2. The justification for setting it up must be related to car/mobility issues. e.g. drunk driving prevention, but not "dealing with a general drug problem."

Front 11

How must police conduct themselves during an auto stop?

Back 11

They can order passengers out in the interest of officer safety, and can frisk if there's a reasonable suspicion that they are armed and can search the passenger compartment for weapons.

Front 12

Can passengers in a stopped car get evidence excluded if the stop and search was wrongful?

Back 12

Yes, passengers have standing.

Front 13

Police stop a car for a traffic infraction, but the real reason they stopped the car was that there were drugs in it. Lawful?

Back 13

Yes.