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34 Cards in this Set

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THE FOURTH AMENDMENT
protects people from unreasonable searches and seizures.

In order for the 4th Amendment to apply there must be governmental conduct (amounting to a search or seizure) and a reasonable expectation of privacy.
WHO
FROM WHAT
BY WHO
STANDING
A person must have standing to assert the 4th Amendment right, meaning they must have had a personal right violated.
REASONABLE EXPECTATION OF PRIVACY
To claim a 4th amendment right, a person must have reasonable expectation of privacy in the place to be searched or the item to be seized.

Ownership or right to possession create a legitimate expectation.
PLACE
ITEM
OWNERSHIP
POSSESSION
SEIZURE
is a meaningful interference with or deprivation of a person’s possessory interest.

To be valid there must be a warrant supported by probable cause or an exception.
SEARCH
is the examination of another's person or premises and requires a warrant supported by probable cause unless an exception applies.
AUTOMOBILE EXCEPTION
If the police have P/C to believe a vehicle contains contraband or fruits of a crime they may search the vehicle without a warrant.

The warrantless search must be contemporaneous with the arrest of the person or stop of the automobile.
CONTRABAND
FRUITS
CONTEMPORANEOUS
ARREST
TERRY STOP
Under the Terry doctrine, a police officer may stop a person without P/C for arrest if he has a reasonable, articulable suspicion of criminal activity, including traffic violations.
REASONABLE
ARTICULABLE
CRIMINAL ACTIVITY
AFOOT
REASONABLENESS
is based on the “reasonable police officer” under the circumstances.
ARTICULABLE
something the police can specifically point to, not a mere gut instinct that something is wrong.
VEHICLE SEARCH
A warrantless search of the passenger compartment is permissible, provided that the officer reasonably believes the occupant is dangerous, and the search is limited to those places where a weapon may be placed or hidden.
DANGER
LIMIITED
WEAPONS
HIDDEN
CONSENT
A warrantless search is valid if the police have a voluntary and intelligent consent.

Any person with an apparent right to use the property may consent to a search.

Any evidence found may be used against the owner.
VOLUNTARY
INTELLIGENT
APPARENT AUTHORITY
AGAINST OWNER
EXIGENT CIRCUMSTANCES
if circumstances made it impracticable or unreasonable to obtain a warrant the search may be valid if the officer has P/C.

The exigency justifies the warrantless intrusion and defines the permissible scope.
HOW LONG DOES AN EXIGENT CIRCUMSTANCE LAST?
Once seized an item loses its exigent circumstances.
SEARCH INCIDENT
Following a valid arrest, police may search suspect and the area within the suspect’s wingspan under “search incident” to arrest doctrine. This includes the passenger compartment but not the trunk.
ARREST
WINGSPAN
PASSENGER COMPARTMENT
NO TRUNK
ARREST
an arrest occurs when a person is taken into custody for prosecution or interrogation. A warrantless arrest must be supported by P/C.
PROBABLE CAUSE TO ARREST
exists when police possess sufficient facts under the circumstances that justify a reasonable belief that an offense has been committed and the person to be arrested committed it.

The information must be reasonable trustworthy.
VALID WARRANT
A warrant is valid if the warrant was based on probable cause, precise on its face, and issued by a neutral and detached magistrate.
SCOPE OF WARRANT
the warrant must be executed without unreasonable delay and the thing seized must be within the scope of the warrant.
GOOD FAITH
even if a warrant is defective it is still valid if the police relied on it in good faith.

For reliance to be in good faith

i) the underlying affidavit must have contained sufficient probable cause,

ii) the warrant must not have been facially defective,

iii) the police must not have lied or misled the magistrate, or

iv) the magistrate must not have wholly abandoned his judicial role.
FRUIT OF THE POISONOUS TREE
evidence discovered due to information found through unconstitutional means may not be introduced.
PLAIN VIEW
a search and seizure may be made without obtaining a search warrant if it can be seen without entry or search.
KNOCK-AND-ANNOUNCE
By statute in Arizona, an officer initiating a warrant must knock and announce his presence before entering.

The Supreme Court recently stated that the evidence seized in violation would not be tossed out.
FIFTH AMENDMENT
protects people against government compelled self-incrimination.
MIRANDA
a suspect is entitled to be notified of his right to be free from compelled self-incrimination and his right to counsel when he is subjected to custodial interrogation.
CUSTODY
occurs when there has been a deprivation of a person’s freedom of action of the degree associated with a formal arrest.
INTERROGATION
Interrogation is any words or actions on the part of police that the police know or should know are reasonably likely to elicit an incriminating response.
DOUBLE JEOPARDY
The 5th Amendment gives a criminal defendant the right to be free of double jeopardy so he cannot be tried more than once for the same crime.

Jeopardy attaches at a jury trial when the jury is empanelled and sworn.
DOUBLE JEOPARDY EXCEPTION
Retrial is permitted if there was manifest necessity to abort the original trial or if the trial was terminated by the act of the defendant on any grounds not constituting an acquittal on the merits.
SIXTH AMENDMENT
guarantees a criminal defendant the right to counsel at all critical stages of the proceedings. The right to counsel attaches once the defendant is formally charged. After the right attaches, the police may not question the defendant without the presence of counsel unless the defendant waives his right.
SELF-REPRESENTATION
The defendant also has an absolute right to represent himself at trial, as long as his waiver of right to counsel is knowing and intelligent and the judge finds him competent
OFFENSE SPECIFIC
even if the defendant’s rights have been attached regarding the charge for which he is being held, he may be questioned regarding unrelated, uncharged offenses.
VOLUNTARINESS
A statement is admissible only if it is freely and voluntarily made.

A statement is not voluntary if it is made under duress, fear, or compulsion.

Look at the totality of the circumstances.
EXCLUSIONARY RULE
evidence obtained in violation of a defendant’s 4th, 5th, and 6th Amendment rights, will be suppressed.
RIGHT TO WAIVE JURY TRIAL
A defendant does not have a constitutional right to waive a jury trial and have a bench trial instead.

In Arizona, if the defendant is charged with an offense for which he is entitled to a jury trial, he must have a jury trial unless: 1) he waives the right in writing, 2) the government consents, and 3) the court approves the waiver