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70 Cards in this Set

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Arizona v. Hicks
The "immediately apperant" requirment of the plain view doctrine requires probable cause,no less.
Horton v. California
The fourt amendment does not prohibit the warrantless seizure of evidence in plain view, even though the discovery of the evidence was not inadvertent.
U.S. v. Dunn
Wether an area is considered a part of the curtilage and thus protected under the 4th amendment.
Oliver v. U.S.
A place with a "no tresspassing" sign, has a locked gate, and is located a mile from the owner's home has no reasonable expectation of privacy, thus considered an open field which is not protected by the 4th amendment.
Kirby v. Illinois
There is no right to counsel at police lineups or identification procedures prior to the time the suspect is formally charged with a crime.
U.S. v. Wade

Gilbert v. California
The right to counsel "after" formal charges are filed.
Frye v. U.S.
Before the results of scientific test will be admissable as evidence in a trial, the procedures used must be sufficiently established to have gained genral acceptance in the particular field to which they belong.
Daubert
v.
Merrell Dow Pharmaceuticals Inc.
Superseded the fryer doctrine in federal cases and are more liberal in admissibility of evidence. This permits the admission of "expert testimony" pertaining to specialized knowledge that will assist in undertanding evidence or determaining facts in issue.
What are the factors used to determine if Item has been Abandoned?
1. Where the property is left

2. Intent to abandon
What are the 4 factors to determine curtilage?
1 – The proximity of the area to the home
2 – Whether the area is in an enclosure surrounding the home
3 – The nature and uses of the area
4 – The steps taken to conceal the area from public view
Why are plain view, open fields, and abandonment not governed by the 4th?
No intrusion into a person’s reasonable expectation of privacy
Do not require a warrant or p/c
How is intent to abandon determined by courts?
Usually determined objectively by what a person does, not subjectively by what a person thinks
Denial of ownership can be used to establish abandonment
When does testimonial interrogation occur?
Testimonial self-incrimination occurs when a suspect is required to “speak his guilt”
What is the main role of a defense lawyer during lineups?
Counsel makes sure the procedure is fair – Supreme Court has not set any guidelines for what they can and cant do
Right to council during pretrial identification procedures
Right to counsel primarily applies mainly to lineups and show ups not other procedures such as breath tests and ballistic test. Right to counsel after filing of formal charge, but not before
Rhode Island v. Innis
Conversoation between officers while suspect is in custody in police cruiser, about scene did not constitute intterogation, even though suspect may hear.
Moran v. Burbine
A suspects denial of Miranda right during cutodial interrogation is not nullified when counsel hired by a third party is mislead by the police when trying to reach his client.
Brewer v. Williams
Interrogation takes place and therefore, miranda warnings are needed when police officers, knowing of defendants religious interest, make remarks designed to appeal to that interest an thus induce a confession.
Johnson v. Louisiana
A 9-3 jury verdict for conviction is constitutional.
Kastigar v. U.S.
Prosecutors need only grant use and derivative use immunity to compel an unwilling witness to testify. The witness is not constituionally entitled to transactional immunity before he/she can be compelled to testify.
Williams v. Florida
A florida law providing for a 6 jury in all criminal cases except those involving capital offenses is constitutional.
What is the Frye Doctrine?
Procedures uses must be sufficiently established to have gained general acceptance in the particular field in which it belongs
Due process protection during a lineup
Identification procedure must be fair, cant be suggestive
Look at totality of circumstances to see if identification procedure is so suggestive that great likelihood of misidentification
Some argue this is a major problem with showups
Kirby Rule
Before filing of formal charges, a lineup is not considered a critical stage of prosecution therefore no right to counsel
Wade-Gilbert rule
Right to counsel after formal charges are filed
Daubert Rule
Permits the admission of expert testimony pertaining to “scientific and technical knowledge” that will assist the trier of fact to understand the evidence
More liberal test than Frye doctrine
Does the privilege against self incrimination apply to pretrial identification procedures?
does not apply to pretrial identification procedures
Self-incrimination only applies to testimonial evidence not physical evidence
Prior to Miranda, what did the courts decide on the admissibility of confession?
Was the admission or confession voluntary?
Decided on a case-by-case basis
Looked at the facts of the case to see if the suspect’s will was “broken” by the police in such a way that would make the confession involuntary
When must the Miranda warning be given?
Everyone subjected to custodial interrogation must be given the Miranda warnings regardless of the severity of the offense – felonies, misdemeanors, and traffic offenses
Whenever there is custodial interrogation
A person must be “in custody” and “under interrogation”
If one of the two is missing then no need for the Miranda warnings to be given
How can voluntary statements ruled inadmissible be used?
1) To impeach defendant’s credibility if takes witness stand (If obtained involuntarily then cant be used for this purpose)
2) To obtain collateral derivative evidence (if confession leads to witness or other defendants)
Is the waiver of rights valid if interrogation focuses on minor crime but then moves to more serious crime?
Yes, even if he believes interrogation is of a minor crime
When does the custody part of custodial interrogation start?
Under two situations
# 1 – when the suspect is under arrest
# 2 – when the suspect has been deprived of freedom in a significant
In which situation must the Miranda warnings be given?
When the suspect is in custodial interrogation
Define “functional equivalent of an interrogation”
An instance where no questions are asked by the police, but the situation is so conducive to making a statement
Are confessions obtained thru the use of deception admissible in court?
Usually admissible, but a real fine line exist
When are Miranda warnings not required?
Roadside questioning of a motorist after a traffic stop
Field sobriety tests of drunk driving suspects
Volunteered statements (res gestae statement)
Stop and frisk
General on-the-scene questioning
What is the Frye Doctrine?
Procedures uses must be sufficiently established to have gained general acceptance in the particular field in which it belongs
Due process protection during a lineup
Identification procedure must be fair, cant be suggestive
Look at totality of circumstances to see if identification procedure is so suggestive that great likelihood of misidentification
Some argue this is a major problem with showups
Kirby Rule
Before filing of formal charges, a lineup is not considered a critical stage of prosecution therefore no right to counsel
Wade-Gilbert rule
Right to counsel after formal charges are filed
Daubert Rule
Permits the admission of expert testimony pertaining to “scientific and technical knowledge” that will assist the trier of fact to understand the evidence
More liberal test than Frye doctrine
Does the privilege against self incrimination apply to pretrial identification procedures?
does not apply to pretrial identification procedures
Self-incrimination only applies to testimonial evidence not physical evidence
Prior to Miranda, what did the courts decide on the admissibility of confession?
Was the admission or confession voluntary?
Decided on a case-by-case basis
Looked at the facts of the case to see if the suspect’s will was “broken” by the police in such a way that would make the confession involuntary
When must the Miranda warning be given?
Everyone subjected to custodial interrogation must be given the Miranda warnings regardless of the severity of the offense – felonies, misdemeanors, and traffic offenses
Whenever there is custodial interrogation
A person must be “in custody” and “under interrogation”
If one of the two is missing then no need for the Miranda warnings to be given
How can voluntary statements ruled inadmissible be used?
1) To impeach defendant’s credibility if takes witness stand (If obtained involuntarily then cant be used for this purpose)
2) To obtain collateral derivative evidence (if confession leads to witness or other defendants)
Is the waiver of rights valid if interrogation focuses on minor crime but then moves to more serious crime?
Yes, even if he believes interrogation is of a minor crime
When does the custody part of custodial interrogation start?
Under two situations
# 1 – when the suspect is under arrest
# 2 – when the suspect has been deprived of freedom in a significant
In which situation must the Miranda warnings be given?
When the suspect is in custodial interrogation
Define “functional equivalent of an interrogation”
An instance where no questions are asked by the police, but the situation is so conducive to making a statement
Are confessions obtained thru the use of deception admissible in court?
Usually admissible, but a real fine line exist
When are Miranda warnings not required?
Roadside questioning of a motorist after a traffic stop
Field sobriety tests of drunk driving suspects
Volunteered statements (res gestae statement)
Stop and frisk
General on-the-scene questioning
When is it difficult to show an intelligent waiver of rights?
 Under the influence of alcohol/drugs,
Mentally ill, Young
When are Miranda warnings not required?
Roadside questioning of a motorist after a traffic stop
Field sobriety tests of drunk driving suspects
Volunteered statements (res gestae statement)
Stop and frisk
General on-the-scene questioning
How many members must serve on a jury?
Jury must have 6-12 members
When does an individual have a right to a jury?
when sentence imposed can be more than 6 months imprisonment
How is the term “critical stage” of the criminal proceeding used by the courts?
Determined on a case by case basis, where a defendant makes decisions which may later be formally used against him
What must be proven beyond a reasonable doubt?
The question of guilt and every element of the crime charged
When does double jeopardy attach?
In a jury trial, when a competent jury has been sworn; in a trial before a judge, when the first witness has been called and sworn
The right to confront a witness includes which right?
6th amendment provides that “in all criminal prosecutions, the accused shall enjoy the right to be confronted with the witness against him, cross-examine, be physically present, physically face witness at trial, and know identity of prosecution witness.
What are factors which determine if right to a speedy trial has been violated?
1) Length of delay
2) Reason for delay
3) Defendant’s assertion or nonassertion of rights
4) Prejudice to the defendant
What is the Blockburger standard?
The current test to determine what “same offense” means in double jeopardy. The key is whether one offense contains the same elements as the other.
When has the protection against double jeopardy been waived?
When conviction is set aside on appeal
Hung juries
Mistrials
What are two elements of a Section 1983 lawsuit to succeed?
1. The defendant must have been acting under the color of law.
2. There must have been a violation of a constitutional right or a right given by the federal government.
Under what circumstances can a municipality be liable for civil damages?
Municipality will be held liable if the unconstitutional action taken by the employee is caused by a municipal policy or custom, written or unwritten.
What is the “good faith” (also known as the qualified immunity) defense?
held liable if violated a clearly established statutory or constitutional right of which a reasonable person would have known
Includes acts which the officer reasonably believes are lawful
What is the “Deep Pockets Theory?”
Whereas officers and pervisors may have limited financial resources to pay plaintiffs, police agencies have a broader financial base.
What is “public duty doctrine?”
government functions are owed to the general public, not to specific individuals
What are exceptions to the “public duty doctrine?”
Special relationship
Court/Protective order
When police arrest an individual and something happens to them in custody
Witnesses when threatened
What are some defenses in civil liability cases?
1) Good faith defense
2) Acting within the scope of employment defense
3) Probable Cause defense
Defense will probably succeed in the following instances:
A) officer acted in accordance with agency rules
B) officer acted pursuant to statute later declared unconstitutional
C) officer acts in accordance with orders from superior believed to be valid