Criminal Law Bar 2011

Front 1

Issue of Voluntary Statement

Back 1

To be admissible, a confession must be a product of rational intellect and freewill. The court will examine the totality of the circumstances.

Front 2

Miranda

Back 2

under Miranda a police officer must advise a defendant of certain constitutional rights if the defendant is subject to custodial interrogation. A defendant is in custody if subject to physical restraint or deprived of his or her freedom in any significant way. A defendant is subject to interrogation where he is subject to words or actions by police that the police should know are reasonably likely to elicit an incriminating response.

Front 3

Fourth Amendment

Back 3

D must establish standing meaning they must have ownership or a reasonable expectation of privacy in the place the search was conducted.
There also must be government action

Front 4

Valid Search Warrant

Back 4

Based on probable cause
describes w/ reasonable precision place to be searched and items to be seized
issued by neutral & detached magistrate

Front 5

To Invalid Warrant

Back 5

affidavit contained false statement
false statement was made intentionally or recklessly
false statement was material to finding probable cause

Front 6

Warrant Good Faith Defense

Back 6

No exclusion if police relied on warrant in good faith

Front 7

Knock & Announce Warrant

Back 7

only police may execute a warrant
police must knock
announce their purpose
and wait a reasonable time for admittance
(no evidence suppression for violation)

Front 8

Search incident to lawful arrest

Back 8

lawful arrest and contemporaneous search
(exception for station house search
scope: person, wingspan protective sweep
(ie car: passanger compartment)

Front 9

search exceptions: Automobile exception

Back 9

Probable cause to believe that evidence will be found in car
Scope:
entire vehicle and containers where evidence may be found
if probable cause only as to container may only search container

Front 10

search exceptions: plain view

Back 10

officer is legitmately on premises
items discovered in the plain view

Front 11

search exceptions: consent to search

Back 11

person w/ authority gives voluntary & intelligent consent but a co-occupant can refuse and defeat consent
knoweldge of right to refuse consent not required
false announcement of warrant negates consent
only over the area that consenter was authorized for
(mom cannot consent to locked chest in kid's room)

Front 12

search exceptions: stop and frisk

Back 12

valid terry stop & reasonable suspicion that is suspect is armed and dangerous
pat down outer garments
may seize any item cop believes is a weapon or contraband based on plain feel

Front 13

search exceptions: Hot pursuit

Back 13

cop in hot pursuit of fleeing felon may make a warrantless search and may pursue felon into private dwelling which police can then search w/o warrant

Front 14

search exceptions: evanescent evidence

Back 14

evidence likely to disappear before a warrant can be obtained

Front 15

Due Process Limitation

Back 15

Evidence that shocks the conscience may be excluded.

Front 16

Exclusionary Rule

Back 16

all evidence acquired directly or indirectly in violation of 4th 5th or 6th amendment rights must be excluded

Front 17

Exclusionary Rule Limitations

Back 17

Good faith reliance on then existing law/statute or
Reliance on Defective search warrant unless:
underlying Probable cause so bad should not be relied on
warrant invalid on face
Affiant misled magistrate or magistrate was not neutral detached

Exclusionary Rule don't apply to grand juries civil proceedings and parole revocation proceedings

Confessions inadmissible only because of failure to comply with Miranda can be used impeach defendant
All illegally seized evidence can be used to impeach Defendants

Front 18

Exceptions to Poisonous Tree

Back 18

Independent Source
Inevitable Discovery
Intervening act of free will be Defendant
Fruits derived from violation of Miranda (physical evidence)

Front 19

Arrest

Back 19

Must be based on Probable Cause - trustworthy facts sufficient for a reasonable person to believe the suspect has committed or is committing a crime

Front 20

Public Places Felony Arrest

Back 20

Cop has reasonable grounds to believe a felony has been committed by that person

Front 21

Public Places Misdemeanor Arrest

Back 21

Misdemeanor was committed in cop's presence

Front 22

Arrest in Home

Back 22

Invalid w/o warrant

Front 23

Terry Stop

Back 23

Stop - Reasonable suspicion less then Probable Cause
Frisk - Quick pat-down of outer clothing

Front 24

Car Stop

Back 24

Reasonable suspicion a law violated

Roadblocks - neutral articulate standard, serves purpose related to cars/mobility

Pretextual stop - cops reasonably believes a driver violated law