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43 Cards in this Set
- Front
- Back
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What are limitations of the exclusionary rule? |
1. Not in grand juries 2. Not in civil proceedings 3. Not in parole revocation proceedings 4. Not during impeachment (of defendant) 5. Not following violation of knock and announce |
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What are limitations of the fruit of the poisonous tree doctrine? |
1. Not following Miranda violations, unless police acted in bad faith |
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How can the state break the chain to void the fruit of the poisonous tree doctrine? |
1. Independent source 2. Inevitable discovery 3. Intervening act of defendant |
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What standard is used to appeal convictions following fruits of illegally seized evidence? |
Harmless Error |
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What is a Terry stop? |
Authorized detention, based on reasonable suspicion supported by articulable facts of criminal activity |
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When can drug sniffing dogs be used, absent probable cause? |
Outside a car, but not outside a house |
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What standard is used to determine reasonable suspicion? |
Totality of the circumstances |
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What are the steps to determining an unreasonable search or seizure? |
1. Was there government action? 2. Was there a reasonable expectation of privacy? 3. Did the police have a valid search warrant? 4. If the warrant is not valid, does an officer's good faith defense save the warrant? 5. If invalid warrant not saved by good faith (or no warrant), did any exceptions apply? |
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What constitutes governmental conduct under the Fourth Amendment? |
1. Public police, on or off duty 2. Private individual, acting at the direction of public police 3. Private police, ONLY if they are deputized with power to arrest |
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How does one gain standing to challenge a Fourth Amendment search or seizure? |
1. Owning the premises 2. Living at premises 3. Overnight guest 4. Own property searched, ONLY IF there is a reasonable expectation of privacy in the item or area searched |
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What items engender no right privacy? |
1. The sound of voice 2. The style of handwriting 3. The paint on outside of car 4. Account records held by bank 5. Monitoring location of car on public street or driveway (but GPS does violate) 6. Anything seen in open fields 7. Anything seen from flying over in the public airspace 8. The odors from luggage 9. Your garbage set out on curb for collection |
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What are the two core requirements for a valid search warrant? |
1. Probable cause (fair probability of finding contraband or evidence) 2. Particularity (place to be searched and items to be seized) |
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How does a court determine the validity of a warrant based on informant? |
Use totality of circumstances (credibility + basis of knowledge) |
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When is knock and announce not required for a warrant? |
When dangerous, futile, or inhibiting the investigation |
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What are exceptions to the good faith exception of invalid warrants? |
1. Affidavit so lacking in probable cause that no reasonable police office would have relied on it 2. Affidavit so lacking in particularity that no reasonable police office would have relied on it 3. Officer or investigate lied or misled magistrate 4. Magistrate is biased |
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What are exceptions to the warrant requirement? |
1. Search incident to lawful arrest 2. Automobile exception 3. Plain view 4. Consent 5. Terry stop 6. Evanescent evidence, hot pursuit, and special needs |
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When may a car be searched incident to arrest? |
1. If arrestee is unsecured and still may gain access to vehicle 2. Police reasonably believe evidence for which the person was arrested may be found in vehicle |
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What is the community caretaker exception that justifies warrantless searches? |
Warrant not needed when officer faces emergency that threatens the health or safety of individual or public. AKA Emergency aid exception |
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What is the scope of a warrantless search of an automobile, supported by probable cause? |
The entire car, including and containers inside that may contain the item for which they had probable cause |
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What is the plain view doctrine? |
An officer may seize contraband or evidence if 1. legitimately present when seeing item; and 2. the item is immediately apparent as contraband or evidence |
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If one co-occupant consents to a search and the other does not, who controls? |
The one who does not consent. Unless non-consenter is removed from premises |
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What is the plain feel doctrine? |
During a Terry frisk, officer may seize weapon or contraband immediately apparent by plain feel. Can't manipulate the object. |
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What is evanescent evidence? |
Evidence that might disappear quickly if police had to get a warrant |
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What is the rule of thumb of time needed to trigger hot pursuit? |
15 minutes behind suspect. |
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What is an inventory search? |
Before incarceration, police may search arrestee's personal belongings and arrestee's entire vehicle (including containers) |
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When can a public school school search purses or backpacks? |
If school is investigating violations of school rules |
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When is a public school search reasonable? |
1. With moderate chance of finding evidence of wrongdoing 2. Measures are reasonably related to objective of search 3. Search is not excessively intrusive |
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What rights must be conveyed in a Miranda warning |
1. Right to remain silent 2. Anything you say can be used against you 3. Right to an attorney 4. If you can't afford an attorney, one will be appointed |
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What constitutes custody? |
Reasonable person would not feel free to leave (objective standard) - same "inherently coercive pressures" as police station |
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What constitutes interrogation? |
Anything police knew or should have known that they might elicit an incriminating response from the suspect |
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How does a court review a Miranda waiver? |
If it's knowing + voluntary (totality of circumstances) |
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Which of the following trigger Sixth Amendment right to counsel? Pre-charge lineups Showing victim photographs Taking blood sample Taking handwriting samples Brief recess during defendant's testimony at trial Post-charge lineups and show-ups Parole and parole revocation hearings Taking of fingerprints |
Only post-charge lineups and show-ups |
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What is the standard to review pre-trial identificaitons that violate due process? |
If unnecessarily suggestive (without independent source) |
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What triggers the right to a jury trial? |
If max sentence > 6 months (not inclusive) |
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What is the minimum number of jurors permissible? |
6. Verdict must be unanimous. |
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On a twelve-juror panel, what is the minimum number of guilty votes that support a verdict? |
9 to 3 |
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When does a defendant have a right to counsel? |
At all critical stages in prosecution, including trial |
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What is the standard for reviewing an ineffective assistance of counsel appeal? |
But for such deficiency (particular errors), reasonable probability that outcome would have been different |
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What must a judge's requirements for approving a guilty plea? |
1. Nature of the charge 2. Maximum authorized penalty, and mandatory minimum 3. Right to plead not guilty and demand trial 4. All of this on the record |
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What are bases for withdrawing guilty plea after sentencing? |
1. Involuntary plea 2. Lack jurisdiction 3. Ineffective assistance of counsel 4. Failure of prosecutor to keep agreed-upon plea bargain |
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When does double jeopardy attach in a jury trial / bench trial / civil trial? |
When the jury is sworn / when the first witness is sworn / never |
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What standard is used to evaluate a prosecutor's impermissible comment on a defendant's failure to testify? |
Harmless error |
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What can eliminate the Fifth Amendment privilege against self-incrimination? |
Grant of immunityNo possibility of incrimination (statute of limitations)Waiver (by taking the stand) |
