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55 Cards in this Set

  • Front
  • Back
Arrest & Warrant Requirement
Pulic Place - no warrant requred, just PC
D's Home - warrant required bc not just seizing person but invading home
Another Person's Home - would need a search warrant
Probable Cause - Definition
need goot reason to believe this peson had goods; reasonable articulable facts
Search Warrant - the document
must state with reasonable detail the place to be searched and thing to be seized - must be authorized by dually authorized official
Search Warrant - the affidavit
sworn request by prosec or cop for warrant; must estb within 4 corners why search is entitled
How to invalidate the affidavit - 3 elements
1) intentional lie on it
2) Falsity must relate to a material fact
3) must be an intentional lie by govt officer who signed the affidavit
Good Faith Exception to Invalid Warrant - 3 elements
1) Good faith belief on behalf of cops
2) Reasonable relieance that it's a valid warrant
3) Warrant used - and later invalid
Knock & Announce Rule
Const'l right to require announcement of presence bc great intrusion if you don't want cops coming. Exception - if evid may be destroyed
6 Exceptions to Warrant Requirement
1) Search incident to Arrest
2) Automobile Exceptions
3)Plain view
4) Consent
5)Stop and Friks
6) Emergencies
Search Incident to Arrest
of her person, at her home (no addit'l reason required) and can search property at her home in the area of her immediate control, while under her control (can't re-enter house when D in car) - while she's in custody. NOTE: arrest must be valid or else everything after is NOT
Automobile Exceptions
Lesser expecation of privacy in cars; *probable cause that car contains evidence; on the open road - no warrant needed; at police station - no warrant needed
Rule: searching containers in the car
if PC allows search of car, cops could search any containers that may conceal the evidence
Inventory Search of Car
allowed if car is in lawful custody and is routinely done pursuant to SOP
Sobriety Checkpoints - 3 required elements
1) Routinely done
2) specific purpose- car related
3) time limited
Plain View Exception
If cop is lawfully somewhere, and views something open to public, can testify as to what he views
Consent exception to warrant requirement
AND - 3rd party consent
must be voluntary; warnings not required
-to have third party consent, must appear to have reasonable basis for belief
NOTE: LLs and hotel mgrs CANNOT give consent
Stop & Frisk exception
NO PC, limited intrusion - 3 step process
1) Reasonable suspicion
2) Detain and question- relevant questions to suspicion and if answers are insufficient -
3) Frisk, reach in - pat down outer garments for weapons
Emergencies - types of exigent circumstances allowing no warrant
-Hot pursuit - can rush in house
-Scene of homicide
School Searches
4th Amendment applies! No warrant necessary nor PC, just * reasonable suspicion
Confessions - Test, Std, and Procedure
TOC; preponderance of evidence; judge decides voluntariness -making finding on the record
MIRANDA rule- Fifth Amendment Std
Warnings are required for stmts given in response to custodial interrogation; Remedy = exclusion
Interrogation: Test
must be in custody and responding to interrogation = any action by police reasonably likely to elicit a response
Custody: Test
objective std; freedom of movement has been subst'lly limited. NOTE - could be in custody in your own home
Miranda- Four stmts
-right to remain silent
-anything can and will be held against you
-right to an atty
-atty will be supplied if can't afford one
Waiver of Warnings
need not be explicit- must be voluntary and willing; BOP on govt to show warnings given and understood and D freely spoke.
Resumption of Questioning
-If D requests silence
-if D requests atty
Silence: admissible, so long as there's a break in time and fresh set of warnings.
Atty: NOT admissible, can never reinitiate questions tho D can.
allowed if D takes the stand - earlier confession (though Miranda violated) CAN be used to impeach credibility (not show guilt) ONLY if earlier stmt was voluntary (if not - DP violated)
Miranda and doctrine of "fruit of the poisonous tree" - resulting evidence admissible?
SC says confession itself is excluded if MIranda violation was purposeful - if NOT purposeful - resulting evidence admissible.
If illegal pretrial identification - is witness identification in court allowed? Test
admissible if in court identification is INDEPENDENT from pretrial identification. Test = reliability
Witness ID and Right to Counsel
6th Amendment - if D formerly charged - adversary judiciary proceeding, entitled ot have atty present during line up
Exception to when 6th Amd Right to Counsel and atty not necessary
-Before an adversary judicial proceeding bc D must be confronted for atty to be allowed
Standing - Test
D must show sufficient privacy interest invaded by search; must show some greater involvement than just being there - i.e. overnight guest
Fruit of Poisonous Tree - 3 part Analysis
1) Standing: required
2) NOT but for test - does "taint" remaind from tree? if not, allowed (voluntary stmt)
3) Was there "poisonous tree"? - underlying illegality?
Right to Speedy Trial - Four Factors
1) Length of Delay
2) Reasons
3) Demand - by D? Did D cause delay?
4) Prejudice - impact - Ws dying?
When Right to Speedy Trial Attaches
after arrest or formerly charged
SOL - Rule
exists at what it was at time of crime
Pretrial Publicity - How judge can remedy this
1) Delay trial
2) Sequester Jury
3) Change of venue
Trial - SC Rule regarding Publicity
public has 1st Amd right to open trials; strict scrutiny std -must show compelling interest w/no less restrictive alternative to close
Publicity and TV at Trial
not perse unconst'l to have cameras in ct room over objections of parties - issues is whether proceedings will be disrupted.
Right to Jury Trial - Rule
right exists if sentence exceeds 6 mths in prison
Peremptory Challenges
NOT for cause - Neither side can exclude jurors based on race or gender
Jury's involvement in sentencing
IF in sentencing a fact is necessary to impose a mandatory sentence, must be found by jury!
Right to an atty with
Sentencing - rt to atty
Appeal - if you had atty at trial- entitled to one at automatic appeal but after this appeal = discretionary and so is giving of counsel
Requirement to Prove ineffective assistance of counsel
lack of competence must have effected outcome of trial
Remedy for Breach of Guilty Plea
by govt- D can rescind, walk away from deal and withdraw guilty plea
When Double Jeopardy attaches for:
-Jury Trial
-Bench Trial
Jury: jury is sworn in
Bench: 1st witness sworn in
DJ and Manifest Necessity
IF jeopardy attaches, there are situations to retry - if not govt's fault, ex. Hung Jury
DJ and Multiple Jurisdictions
Independent sovereigns can try the SAME case
DJ and same offense - inquiry?
Does each crime require proof of an additional element that the other crime does not require? If yes - not DJ - not same offense
DJ and D's waiver
if D appeals her conviction - she's waived her DJ claim
Harmless Error Test
if illegal evidence is admitted, a resulting conviction should be overturned on appeal UNLESS govt can show beyond a reasonable doubt that the error = harmless - DOES NOT apply to denial of rt to counsel at trial!
Wiretapping/Eavesdropping = Search and valid warrant allowed if:
1)showing of PC
2)suspected persons involved in convo are named
3)warrant describes w/particularity convos to be heard
4)wiretap limited to short time
5)terminated when info received
6)return made to ct
Harmless Error Test and Involuntary Confession
if involuntary confession admitted, test applies- conviction need not be overturned if other evidence of guilt
Public Safety Exception & Miranda
interrogation allowed w/o Miranda warnings where it was reasonably prompted by concern for public safety
Grand Jury - describe
conducted in secret, D has no right to notice nor have evidence excluded nor have counsel; D must appear if called tho can refuse to answer questions on incriminating grounds
ONLY Defect sufficient to quash Grand Jury
exclusion of minorities