Criminal Procedure

Front 1

Arrest & Warrant Requirement

Back 1

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

Front 2

Probable Cause - Definition

Back 2

need goot reason to believe this peson had goods; reasonable articulable facts

Front 3

Search Warrant - the document

Back 3

must state with reasonable detail the place to be searched and thing to be seized - must be authorized by dually authorized official

Front 4

Search Warrant - the affidavit

Back 4

sworn request by prosec or cop for warrant; must estb within 4 corners why search is entitled

Front 5

How to invalidate the affidavit - 3 elements

Back 5

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

Front 6

Good Faith Exception to Invalid Warrant - 3 elements

Back 6

1) Good faith belief on behalf of cops
2) Reasonable relieance that it's a valid warrant
3) Warrant used - and later invalid

Front 7

Knock & Announce Rule

Back 7

Const'l right to require announcement of presence bc great intrusion if you don't want cops coming. Exception - if evid may be destroyed

Front 8

6 Exceptions to Warrant Requirement

Back 8

1) Search incident to Arrest
2) Automobile Exceptions
3)Plain view
4) Consent
5)Stop and Friks
6) Emergencies

Front 9

Search Incident to Arrest

Back 9

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

Front 10

Automobile Exceptions

Back 10

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

Front 11

Rule: searching containers in the car

Back 11

if PC allows search of car, cops could search any containers that may conceal the evidence

Front 12

Inventory Search of Car

Back 12

allowed if car is in lawful custody and is routinely done pursuant to SOP

Front 13

Sobriety Checkpoints - 3 required elements

Back 13

1) Routinely done
2) specific purpose- car related
3) time limited

Front 14

Plain View Exception

Back 14

If cop is lawfully somewhere, and views something open to public, can testify as to what he views

Front 15

Consent exception to warrant requirement
AND - 3rd party consent

Back 15

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

Front 16

Stop & Frisk exception

Back 16

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

Front 17

Emergencies - types of exigent circumstances allowing no warrant

Back 17

-Hot pursuit - can rush in house
-Scene of homicide
-Sweep

Front 18

School Searches

Back 18

4th Amendment applies! No warrant necessary nor PC, just * reasonable suspicion

Front 19

Confessions - Test, Std, and Procedure

Back 19

TOC; preponderance of evidence; judge decides voluntariness -making finding on the record

Front 20

MIRANDA rule- Fifth Amendment Std

Back 20

Warnings are required for stmts given in response to custodial interrogation; Remedy = exclusion

Front 21

Interrogation: Test

Back 21

must be in custody and responding to interrogation = any action by police reasonably likely to elicit a response

Front 22

Custody: Test

Back 22

objective std; freedom of movement has been subst'lly limited. NOTE - could be in custody in your own home

Front 23

Miranda- Four stmts

Back 23

-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

Front 24

Waiver of Warnings

Back 24

need not be explicit- must be voluntary and willing; BOP on govt to show warnings given and understood and D freely spoke.

Front 25

Resumption of Questioning
-If D requests silence
-if D requests atty

Back 25

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.

Front 26

Impeachment

Back 26

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)

Front 27

Miranda and doctrine of "fruit of the poisonous tree" - resulting evidence admissible?

Back 27

SC says confession itself is excluded if MIranda violation was purposeful - if NOT purposeful - resulting evidence admissible.

Front 28

If illegal pretrial identification - is witness identification in court allowed? Test

Back 28

admissible if in court identification is INDEPENDENT from pretrial identification. Test = reliability

Front 29

Witness ID and Right to Counsel

Back 29

6th Amendment - if D formerly charged - adversary judiciary proceeding, entitled ot have atty present during line up

Front 30

Exception to when 6th Amd Right to Counsel and atty not necessary

Back 30

-Before an adversary judicial proceeding bc D must be confronted for atty to be allowed

Front 31

Standing - Test

Back 31

D must show sufficient privacy interest invaded by search; must show some greater involvement than just being there - i.e. overnight guest

Front 32

Fruit of Poisonous Tree - 3 part Analysis

Back 32

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?

Front 33

Right to Speedy Trial - Four Factors

Back 33

1) Length of Delay
2) Reasons
3) Demand - by D? Did D cause delay?
4) Prejudice - impact - Ws dying?

Front 34

When Right to Speedy Trial Attaches

Back 34

after arrest or formerly charged

Front 35

SOL - Rule

Back 35

exists at what it was at time of crime

Front 36

Pretrial Publicity - How judge can remedy this

Back 36

1) Delay trial
2) Sequester Jury
3) Change of venue

Front 37

Trial - SC Rule regarding Publicity

Back 37

public has 1st Amd right to open trials; strict scrutiny std -must show compelling interest w/no less restrictive alternative to close

Front 38

Publicity and TV at Trial

Back 38

not perse unconst'l to have cameras in ct room over objections of parties - issues is whether proceedings will be disrupted.

Front 39

Right to Jury Trial - Rule

Back 39

right exists if sentence exceeds 6 mths in prison

Front 40

Peremptory Challenges

Back 40

NOT for cause - Neither side can exclude jurors based on race or gender

Front 41

Jury's involvement in sentencing

Back 41

IF in sentencing a fact is necessary to impose a mandatory sentence, must be found by jury!

Front 42

Right to an atty with
-Sentencing
-Appeal

Back 42

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

Front 43

Requirement to Prove ineffective assistance of counsel

Back 43

lack of competence must have effected outcome of trial

Front 44

Remedy for Breach of Guilty Plea

Back 44

by govt- D can rescind, walk away from deal and withdraw guilty plea

Front 45

When Double Jeopardy attaches for:
-Jury Trial
-Bench Trial

Back 45

Jury: jury is sworn in
Bench: 1st witness sworn in

Front 46

DJ and Manifest Necessity

Back 46

IF jeopardy attaches, there are situations to retry - if not govt's fault, ex. Hung Jury

Front 47

DJ and Multiple Jurisdictions

Back 47

Independent sovereigns can try the SAME case

Front 48

DJ and same offense - inquiry?

Back 48

Does each crime require proof of an additional element that the other crime does not require? If yes - not DJ - not same offense

Front 49

DJ and D's waiver

Back 49

if D appeals her conviction - she's waived her DJ claim

Front 50

Harmless Error Test

Back 50

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!

Front 51

Wiretapping/Eavesdropping = Search and valid warrant allowed if:

Back 51

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

Front 52

Harmless Error Test and Involuntary Confession

Back 52

if involuntary confession admitted, test applies- conviction need not be overturned if other evidence of guilt

Front 53

Public Safety Exception & Miranda

Back 53

interrogation allowed w/o Miranda warnings where it was reasonably prompted by concern for public safety

Front 54

Grand Jury - describe

Back 54

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

Front 55

ONLY Defect sufficient to quash Grand Jury

Back 55

exclusion of minorities