Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
87 Cards in this Set
- Front
- Back
|
Exclusionary Rule
|
Evidence obtained as the result of an illegal search or seizure is inadmissible. The Fourth Amendment exclusionary rule is applicable to the States, except where the search was made by a private citizen or the evidence is used in a civil proceeding
|
|
|
When Does A Search Occur?
|
A search occurs when the governmental activities violate the right to privacy upon which the defendant justifiably relies.
This protection covers the area of the home and its surroundings as well as affording protection from electronic eavesdropping. |
|
|
The Plain View Doctrine
|
An item in plain view is not the subject of a search except where the viewer is on the premises illegally.
Statements made to informers are not the subject of a search. |
|
|
Warrantless Searches
|
A search without a warrant is valid under the following circumstances:
a: if is made incident to a valid arrest b: if it is a limited threshold inquiry when an office has reason to believe his saftey may be threatened. c: if the police enter a private building under exigent circumstances d: if it is on premises subject to regulatory licenses and at a reasonable hour e: if it is incident tp protecting the borders of the country f: if the object searched is in official custody g: voluntary consent h: if the search is of an automobile which is capable of being moved. h: if there is some other emergency which makes it reasonable. |
|
|
Administrative Searches
|
Administrative searches are permitted either without warrants or with blanket warrants which do not have to to be obtained in accordance with strict procedures and which cover large geographical areas.
|
|
|
Fruits of an Illegal Search
|
If there is an illegal search, all evidence and verbal statements which are obtained are fruits of that search, and are inadmissible for substantive purposes unless they are found by means sufficiently distinguishable to be purged of the taint of the illegal search.
|
|
|
What is the Burden of Proof for a Defendant Alleging an Illegal Search?
|
The defendant has the burden of proving the illegal search, which is a preliminary question for the trial judge
|
|
|
Timing for Raising a Search and Seizure Issue
|
A search and seizure issue must ordinarily be raised by pretrial motion to suppress
|
|
|
Standing
|
A defendant has standing to raise a search and seizure issue only when she can show both a possessory interest in the items seized AND a legitimate expectation of privacy in the premises searched.
|
|
|
Impeachment and Use of Illegally Seized Evidence
|
Illegally seized evidence may be used to impeach credibility
|
|
|
Harmless Error and Standards for Review for Search and Seizure Cases
|
The standards of review for search and seizure problems are federal standards and conviction will not be overturned because of the improper admission of illegally seized evidence, if it can be shown beyond a reasonable doubt that the error was harmless.
|
|
|
Confessions and the Voluntariness Standard
|
An involuntary confession i.e. one obtained by force or threat of force or psychological coercion will be excluded from evidence. The age,sex, health and education of the defendant are relevant in determining psychological coercion.
The voluntariness of a confession is a preliminary question of fact to be determined by the trial judge. |
|
|
Is a statement is admissible if it is obtained as a result of detention following an illegal arrest?
|
No, A statement is inadmissible if it is obtained as a result of detention following an illegal arrest.
|
|
|
Miranda Standard
|
Statements made during custodial interrogation are inadmissible unless Miranda warnings or their equivalent are given and Miranda rights are waived.
|
|
|
What is Interrogation?
|
Interrogation refers not only to express questioning but any words or actions on the part of police that they know or should know are likely to elicit a discriminating response from a suspect
|
|
|
Aerial Surveillance
|
There is NO reasonable expectation of privacy from aerial suveillance of an area over which there is an established aerial route.
California v. Ciaralo |
|
|
Handwriting Exemplars
|
Compelled production of a handwriting exemplar does not trigger Fifth or Sixth Amendment issues because the evidence is non-testimonial.
|
|
|
Consent to Search
|
A search warrant is unnecessary where consent to a governemental search is voluntarily given by someone with authority (or apparent authority to do so.
|
|
|
Fifth Amendment Priviledge Against Self-Incrimination and Grand-Jury Hearing
|
The Fifth Amendment privilege against self-incrimination may be invoked at a grand jury hearing.
However that privlege must be specifically claimed in order to be effective |
|
|
Incriminating Statements Made After an Unlawful Arrest.
|
Incriminating Statements Made After an Unlawful Arrest Will ordinarily be suppressed as "Fruits of the Poisonus tree"
|
|
|
Double Jeopardy
|
The double jeopardy clause does not preclude a subsequent prosecution for a different crime, even though the different crime arose from the same transaction presented in the earlier trial.
|
|
|
Search Within An Arestee's Control
|
A Search of the Area Within An Arestee's Control May Be Done Incident to a Valid Arrest.
|
|
|
Police and Probable Cause to Arrest
|
Provided probable cause exists, an arrest by police officer is valid without a warrant unless made 1) within the suspect's home, or 2) for a misdemeanor perpetrated out of the arresting officer's presence.
|
|
|
Standing to Object to a Search
|
One has standing to object to the search of an area in which one had a legitamate expectation of privacy
|
|
|
Withdrawl of a Gulilty Plea
|
A court may permit a defendant to withdraw a guilty plea prior to sentencing whenever there is a fair and just reason for doing so
|
|
|
Fifth Amendment Privlege Against Self-Incrimination - When the Accused Takes the Stand
|
The Fifth Amendment Privlege Against Self-Incrimination - is WAIVED When the Accused Takes the Stand
|
|
|
Voluntary Statements By Defendant- Obtained in Violation of Miranda
|
A voluntary statement obtained in violation of the Miranda rule may be used to impeach the accused.
|
|
|
When the D.A. grants "Use Immunity"
|
A grant of use immunity with respect to grand jury testimony precludes the prosecution from using the testimony or any evidence derived from it AGAINST the one who gave the testimony.
|
|
|
When police may stop Vehicles to check the drivers license and registration
|
police may stop Vehicles to check the drivers license and registration only if the stop 1) occurs at a fixed checkpoint and 2) is made pursuant to a consistent plan.
Random stops give the police too much discretion |
|
|
May a landlord consent to the search of a tenant's apartment?
|
A landlord may NOT consent to the search of a tenant's apartment, even though the lease gives the landlord access for some limited purpose.
|
|
|
Standing to object to a governmental search
|
a person generally has standing to object to a search of an area in which he has a reasonable expectation of privacy.
Example: overnight guests, motel, hotel guest |
|
|
When are Miranda warnings necessary?
|
Miranda warnings are required before the police may conduct a custodial interrogation.
|
|
|
Probable Cause and Police Investigations, i.e. noise, etc.
|
probable cause is not required to merely investigate a criminal complaint. Police may go to someone's home to ask questions on the basis of a complaing
|
|
|
When may police search the inside of a vehicle?
|
the police may search the inside of a vehicle if pursuant to a lawful stop they have reason to believe the driver will get control of a weapon.
They may do a protective sweep. |
|
|
What is the effect of Supreme Court decisions on cases pending on direct appeal?
|
Supreme Court decisions pertaining to constitutional aspects of criminal procedure must be given "retroactive" effect to cases pending on direct appeal.
See Griffith v. Kentucky |
|
|
Photo Identifications and Right to Counsel
|
There is NO right to counsel with respect to photo identifications made outside the defendant's presence.
|
|
|
When may a student's personal effects be searched by school personnel?
|
A student's personal effects be searched by school personnel when they have a reasonable basis for suspecting criminal conduct or a violation fo school rules.
|
|
|
How is probable cause determined?
|
probable cause is determined by the totality of the circumstances standard.
|
|
|
What is the effect of silence on the part of an accused after he has received Miranda warnings?
|
Under the Fifth amendment evidence of an accused's silence after he has received Miranda warnings is not admissible as part of the prosecution's case in chief.
|
|
|
When may the police impound a vehicle?
|
Pursuant to a standardized police procedure, the police may impound the vehicle of one who has been lawfully arrested. (The police may not be left with discretion as to whether and when to impound.)
|
|
|
When may the police inventory the contents of a car?
|
the police may inventory , i.e. inspect itmes that come into their possession lawfully. If the arrest and impoundment of the car is lawful the police may search the interior including any closed containers.
|
|
|
What is the procedure for sentencing in a capital punishment case?
|
Sentencing in a capital punishment case MUST be made in a separate proceding from the verdict phase of the accused's trial.
|
|
|
Prosecution for multiple offenses
|
prosecution for multiple offenses (including lesser and included crimes is not precluded by double jeopardy.
a state may mandate punishment for the lesser included offense too. |
|
|
Stomach Pumping?
|
Police may not conduct a search or seizure in a manner that "shocks the conscience." Stomach pumping a suspect to obtain evidence is violative of the due process clause. Highly invasive body intrusions are not permissible.
Exceptions: taking blood is exceptable. |
|
|
May a grand jury consider evidence that would be inadmissible at trial?
|
Yes, a grand jury may consider evidence that would be inadmissible at trial, i.e. confessions, hearsay. Remember the purpose of the GJ is to determine if a crime has been committed.
|
|
|
Is an individual including a suspect if subpoened required to appear before a grand jury?
|
Yes, persons (even one who may be a suspect) must comply with such an order.
|
|
|
Is there a right to have counsel present at grand jury proceedings?
|
THERE IS NO RIGHT TO HAVE COUNSEL PRESENT AT GRAND JURY PROCEEDINGS
|
|
|
What is the penalty for refusing to comply with a grand jury subpeona?
|
A contempt citation may be issued for refusal to comply with a grand jury subpeona.
|
|
|
May the police detain the lawful possessor of the premises while a search is being conducted even though neither probable cause nor articulable basis to detain such persons exists?
|
Yes, the police may detain the lawful possessor of the premises while a search is being conducted even though neither probable cause nor articulable basis to detain such persons exists
|
|
|
How long are federal wiretaps generally good for?
|
federal wiretipes are valid for only 30 days. The wiretap must be renewed to be valid.
|
|
|
What is the procedure for searching a person when they are booked?
|
when a person is validly arrested and booked and within a reasonable time thereafter the police may make a full inventory search of his person and clothes including the contents of any unlocked containers
|
|
|
When may the police enter a persons home to make an arrest?
|
Absent exigent circumstances, the police must have a search warrant to enter a person's home to execute an arrest warrant
|
|
|
may the police use deadly force to effectuate an arresst.
|
a police officer may not use deadly force to effectuate an arrest unless the police officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the PO or to others.
|
|
|
may the police interrogate a suspect about another crime other than the one for which he is being held?
|
Yes- so long as the suspect has been Mirandized and agrees to speak with the PO, the PO may inquire about other crimes
|
|
|
May a defendant obtain release through a federal habeas corpus proceeding on the ground that evidence used to convict him was obtained in violation of his 4th amendment rights?
|
No- a defendant in a state criminal case may not obtain release through a federal habeas corpus proceeding on the ground that evidence used to convict him was obtained in violation of the 4th amendment rights unless he was not given a full and fair opportunity to present those issues in state court.
|
|
|
Can illegally seized evidence be used to impeach a defendant who voluntarily takes the stand.
|
YES-illegally seized evidence be used to impeach a defendant who voluntarily takes the stand.
|
|
|
May a state give its citizens by statute greater protection than afforded to them by the U.S. Constitution.
|
Yes.
|
|
|
When may a police officer conduct a pat down?
|
a police officer may conduct a pat down when he suspects that individual is armed.
|
|
|
When is the defendant entitled to a jury trial?
|
a defendant is entitled to a jury trial when the crime is punishable by 6 months or more.
|
|
|
When may a nonfederal prisoner seek habeas corpus in federal court?
|
a nonfederal prisoner seek habeas corpus in federal court when he has exhausted his state remedies.
|
|
|
Does the Sixth Amendment right to counsel extend to discretionary appeals sought by indigent criminal defendants?
|
No, the Sixth Amendment right to counsel does NOT extend to discretionary appeals sought by indigent criminal defendants
|
|
|
How many jurors are required for criminal trials in the federal courts?
|
In the federal system a 12 person jury with a unamimous verdict is required.
|
|
|
How many jurors are required for state criminal cases?
|
There must be a substantive majority of jurors. State courts are not required to have 12 person juries.
|
|
|
May an accused be represented by out of state counsel?
|
There is no constitutional right to be represented by out of state counsel.
|
|
|
When may a criminal defendant be retried?
|
A criminal defendant may be retried 1) there is a hang jury, 2) when a judge reverses the jury verdict based on the weight rather than the sufficiency of the evidencce.
|
|
|
When does the right to counsel become necessary in criminal prosecutions?
|
The right to counsel becomes necessary in criminal prosecutions when imprisonment(however short) is ACTUALLY imposed.
|
|
|
When does a defendant have a right to waive counsel?
|
A defendant may waive counsel so long as the waiver is done knowingly and intelligently.
|
|
|
Can a defendant be denied counsel in a criminal case?
|
Yes, a defendant may be denied counsel if the defendant is not subject to imprisonment.
|
|
|
May a criminal defendant be re-tried when a judge reverses the conviction based on the weight of the evidence
|
Yes, where a judge reverses a conviction based on the weight BUT NOT the sufficiency of the evidence, the defendant may be retried.
Double jeopardy does not attach. See Tibbs v. Florida |
|
|
What is the Effect of a Suggestive Photo Identification?
|
an identification procedure which is so suggestive as to create a substantial likelihood of misidentification at trial is violative of due process. As a consequence, an in-court identification which is predicated upon an unlawful out-of-court identification is not admissible.
See U.S. v. Wade |
|
|
May the police use false statements in order to gain access to a home to effectuate an arrest?
|
No- Consent to enter premises which is obtained on the basis of false statements is ordinarily invalid.
|
|
|
May the police scan the entire premise where they are attempting to execute a valid warrant?
|
Yes- Where the police are executing a valid warrant, they are permitted to scan the entire premises provided they have a reasonable suspicion that an armed accomplice is present.
|
|
|
May the police search areas not specifically covered by a search warrant
|
No- The police may only search areas where the evidence they are authorized to seek may be located.
For example, if the police are looking for a stamp machine, they may NOT search a small jewlery box. |
|
|
May the police detain someone for the purpose of questioning him without a warrant?
|
Yes- the police may detain someone for the purpose of questioning them without a warrant so long as they have an articulable objective basis for believing that criminal activity may be afoot.
|
|
|
May the police search the contents of a vehice that is temporarily at rest on a public highway?
|
Yes- if the police have probable cause to believe that the car contains contraband or evidence of a crime, they may conduct a warrantless search.
|
|
|
May a voluntary confession obtained in violation of the accused's Fifth Amendment right to Miranda warnings be used at trial?
|
Yes, a voluntary confession obtained in violation of an accused's Fifth Amendment right to Miranda warnings may be used to impeach the accused, if he testifies in his defense at trial.
|
|
|
If illegally seized evidence is admitted at trial, what outcome is likely?
|
The admission of illegally seized evidence at trial ordinarily necessitates REVERSAL of an adverse judgement against the accused UNLESS the prosecution can show beyond a reasonable doubt that the evidence did not contribute to the conviction.
|
|
|
What are the exceptions to Miranda?
|
1/ Public Safety, i.e. Where is the gun?
2/ False Friends, i.e. gov't informant 3/ Questions during routine booking 4/ Covert interrogation |
|
|
May indigents be required to pay/reimburse the State for the legal cost of their defense following their convictions?
|
Yes, if they are subsequently able to pay, indigentsmay be required to pay/reimburse the State for the legal cost of their defense following their convictions
|
|
|
Voluntariness Standard of confessions
|
The voluntariness of a confession will be judged by the totality of the circumstances. The age, race, sex, physical, mental condition of the defendant will be evaluated by the judge. A confession must not have been coerced.
|
|
|
Waiver of the Right to Counsel
|
Under the Sixth Amendment, a waiver of the right to counsel must be knowingly and intelligently made.
|
|
|
Second Degree Murder
|
An unlawful killing not done with premeditation or malice may be classified as premeditated.
|
|
|
Plain Error v. Harmless Error
|
A plain error occurs if the defendant has been deprived of some constitutional safeguard that renders the error prejudicial to the defendant and warrants a reversal.
Harmless error does not provide grounds for reversal nor prejudice the defendant- there is no injury |
|
|
Depraved Heart Murder
|
Depraved heart murder is an unlawful killing with an extreme disregard for human life- a substantial disregard for the risk of death or serious bodily injury.
|
|
|
Sixth Amendment Rigth to Counsel and Judge's Discretion
|
While judges have broad discretionary powers, a judge may not in the course of a criminal trial deprive the defendant of the right to consult with his/her attorney.
|
|
|
An Informant's Identity
|
The police need not reveal the idenity of their informer in a criminal case-
|
|
|
Impeachment Exceptions
|
Evidence obtained as a result of an unlawful search or seizure may not be admitted for substantive purposes, but may be admitted to impeach credibility.- Where the defendant takes the stand.
|
