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66 Cards in this Set

  • Front
  • Back

What Federal Circuit are we in?

10th

What Colorado District are we in?

4th

Primary Purpose of Civil Law

Restorative (Restitution)

Primary Purpose of Criminal Law

Punishment

What Amendment binds the states to obey the bill of rights?

14th

What fundamental right is protected by the 4th Amendment:

REASONABLE EXPECTATION OF PRIVACY”



Twofold analysis of for Reasonal Expectation of Privacy

(1) whether a person has an actual subjective expectation of privacy; and




(2) whether that expectation is one that society would consider objectively reasonable.

Felon on Probation Lesser Expectation of Privacy

A felon on probation has a “lesser expectation” of privacy such that a probation officer may search a probationer’s home without a warrant if the officer had a “reasonable suspicion” that the probationer violated a condition of his probation and that evidence of that violation may be found there.

Expectation of Privacy Garbage on Curb?

A defendant has no reasonable expectation of privacy in his garbage he delivers to the garbage collector even if he keeps it in his locked garage until the moment the collector gets there.

What does the Constitution protect a citizen from?

Government Action

What is standing?

You can't challenge a search of somebody else's stuff

If there's no expectation of privacy or no state action, there is......

No search

what is the standard to get a search warrant issued?

Probable Cause




exists when the affidavit in support of the warrant alleges sufficient facts to cause a person of reasonable caution to believe contraband or other evidence of criminal activity is located at the place to be searched….”

Your search warrant must contain what?

WHO: Identify & describe as closely as possible the premises, person, place or thing to be searched




WHAT: Id & describe the property to be searched for, seized or inspected




WHY: Establish the grounds for issuance of the warrant or probable cause to believe that such grounds exist




Establish PC to believe that the property to be searched for, seized or inspected is located at, in or upon the premises, place, person or thing to be searched

Generally, how long do you have to execute a search warrant?

14 days

Following the execution of the Warrant the officer must...

complete and file a return to the court identifying all of the items seized and held as well as items seized and returned.

The Aguilar-Spinelli test…

Totality of the circumstances focusing on


a. Reliability of the informant


b. Basis of knowledge


c. (Corroboration is important)

THE FELLOW OFFICER RULE:

an officer may use information from other officers. An arrest or search is constitutional if the police, as a whole, possess sufficient information to constitute probable cause.

EXCLUSIONARY RULE

EVIDENCE IMPROPERLY SEIZED IN VIOLATON OF THE CONSTITUTION MAY BE DECLARED “EXCLUDED” FROM TRIAL.

FRUIT OF THE POISONOUS TREE”

we lose our evidence--- and any evidence that is “fruit” of our violative conduct

GOOD FAITH EXCEPTION

Was it objectively reasonable for the officer to rely on the warrant? If so, the evidence will not be suppressed (whew!)

KNOCK AND ANNOUNCE” RULE:

ABSENT EXIGENCY OR COURT ORDER, POLICE IN POSSESSION OF A WARRANT MUST “KNOCK AND ANNOUNCE” THEIR PRESENCE BEFORE FORCING ENTRY.

WHO CAN EXECUTE?

A warrant shall be directed to any officer authorized by law to execute in the county wherein the property is located….”

NO-KNOCK WARRANTS

USTIFIED WHERE AN ANNOUNCED ENTRY WARRANT WOULD GIVE RISE TO A THREAT OF PHYSICAL VIOLENCE OR DESTRUCTION OF EVIDENCE……

THREE BASIC TYPES OF POLICE-CITIZEN ENCOUNTERS

1) CONSENSUAL CONTACT


2) INVESTIGATIVE DETENTION


3) ARREST

CONSENSUAL CONTACT

THIS IS THE VOLUNTARY COOPERATION OF AN INDIVIDUAL WITH NON-COERCIVE QUESTIONING BY AN OFFICER; THE INDIVIDUAL IS FREE TO LEAVE AT ANY TIME…

16-3-103 STOPPING OF SUSPECT

PEACE OFFICER MAY STOP ANY PERSON WHOM HE REASONABLY SUSPECTS IS COMMITTING, HAS COMMITTED, OR IS ABOUT TO COMMIT A CRIME, AND MAY REQUIRE HIM TO GIVE HIS NAME AND ADDRESS, IDENTIFICATION IF AVAILABLE, AND AN EXPLANATION OF HIS ACTIONS . . . .




WHEN A PEACE OFFICER HAS STOPPED A PERSON FOR QUESTIONING PURSUANT TO THIS SECTION AND REASONABLY SUSPECTS THAT HIS PERSONAL SAFETY REQUIRES IT, HE MAY CONDUCT A PAT-DOWN SEARCH OF THAT PERSON FOR WEAPONS

BURDENS OF PROOF

REASONABLE AND ARTICULABLE SUSPICION


PROBABLE CAUSE


PREPONDERANCE OF THE EVIDENCE


CLEAR AND CONVINCING


BEYOND A REASONABLE DOUBT

PERMISSIBLE LENGTH OF DETENTION

MUST BE BRIEF AND CURSORY OR IT BECOMES AN ARREST AND MUST BE SUPPORTED BY PROBABLE CAUSE




ACTUAL LENGTH OF TIME ALLOWED DEPENDS ON CIRCUMSTANCES OF THE CASE

“Plain Feel” doctrine

IF IT DOESN’T OBJECTIVELY FEEL LIKE A WEAPON, (AND EVEN IF IT DOES FEEL EXACTLY LIKE A PLASTIC BAGGIE WITH ROCKS OF CRACK), YOU MAY NOT PULL IT OUT unless you have immediate reasonable grounds to believe it incriminating

THREE SITUATIONS WHERE A PEACE OFFICER MAY ARREST A PERSON:

WHEN THE OFFICER HAS A WARRANT




WHEN A CRIME IS COMMITTED IN THE OFFICER’S PRESENCE




THE OFFICER HAS PROBABLE CAUSE TO BELIEVE AN OFFENSE WAS COMMITTED BY THE PERSON TO BE ARRESTED

PROBABLE CAUSE TO ARREST EXISTS WHEN:

THE FACTS AND CIRCUMSTANCES WITHIN THE OFFICER’S KNOWLEDGE ARE SUFFICIENT TO WARRANT A PERSON OF REASONABLE CAUTION TO BELIEVE AN OFFENSE HAS BEEN OR IS BEING COMMITTED.

“TOTALITY OF THE CIRCUMSTANCES” TEST

UNDER THIS TEST USED BY THE COURTS, P.C. IS THE SUM TOTAL OF LAYERS OF INFORMATION, THE SYNTHESIS OF WHAT POLICE HAVE HEARD, WHAT THEY KNOW, AND WHAT THEY HAVE OBSERVED AS TRAINED OFFICERS.

POLICE OFFICERS MAY ENTER A SUSPECT’S HOME TO MAKE AN ARREST WHEN...

THEY HAVE A WARRANT AND WHEN THEY HAVE REASON TO BELIEVE THE SUSPECT IS WITHIN.”

Types of SEARCHES OF PEOPLE–

CONSENT


OFFICER SAFETY


INCIDENT TO ARREST


INVENTORY SEARCH


STRIP SEARCHES

REQUIREMENTS FOR A VALID CONSENT TO SEARCH

1. VOLUNTARILY GIVEN: Factors include, the consenting person’s age, education, intelligence, state of mind; The circumstances of the search as well as the length, duration, and scope of the search




2. BY ONE LAWFULLY ABLE TO GIVE CONSENT: Either the person who’s property is to be searched or a 3rd party who has common authority over the property

Before asking individuals consent to a search, you must advise them of the following:

that they are being asked to voluntarily consent to the search;




That they have the right to refuse the request to search;



SCOPE OF CONSENT SEARCH OF PERSON

The consenting party has total control over the scope of the search




If only gives consent to search her pockets then cannot go into her purse or backpack.




Ask to search in the broadest terms possible (“Do you mind if we look inside your luggage for the dog”?)

Search Incident to Arrest Scope

The person arrested (everything but a strip…)and the immediate surrounding area.

Incident to arrest cars

within reaching distance of the passenger compartment at the time of the search


or


it is reasonable to believe the vehicle contains evidence of the offense of arrest.

INVENTORY SEARCHES OF PERSON

After a person is lawfully arrested and taken to the police station, it is proper for police to remove and inventory property found on or in the possession of a suspect who is to be jailed.

Limits on Strip Searches

Applies to any removal or arrangement of some or all of arrestee’s clothing to permit visual inspection of genitals, buttocks, anus, or female breasts.




Must be performed by person of same sex




Must be out of view of other persons not performing the search




No Touchy. Ever.

Body Cavity Searches

The extreme form of strip search– physical intrusion into the body cavity.




Same standards as strip search plus




the body cavity search (other than the mouth) must be performed by a licensed physician or nurse.




Don’t ever, ever ever do this on your own

CURTILAGE

In General curtilage is not protected from observations that are Lawfully made from outside the space of ground and buildings immediately surrounding a dwelling/house or a small piece of land, not necessarily enclosed around the dwelling/house.

Consent Searches of Places and Things Standard

clear and convincing evidence that the consent was voluntarily given.

SEARCH OF PREMESIS INCIDENT TO ARREST and PROTECTIVE SWEEP

A “protective sweep” is a quick and limited search of a premises incident to arrest conducted to protect the safety of police officers and others.It is narrowly confined to a cursory visual inspection of those places in which a person might be hiding….WHERE THERE IS REASONABLE SUSPICION….

Warrantless entry appropriate in limited circumstances for exigency:

“Hot pursuit”




Risk of flight of suspect




Risk of destruction of critical evidence




Endangerment of officers, residents or community (“emergency aid” exception

Automobile Exception

If a vehicle is mobile and police have probable cause to believe that it contains evidence of a crime or contraband, police may conduct a warrantless search




Can search containers and even the trunk




The search is not defined by container, but by the object of the search

a dog sniff of the exterior of a car...

that occurs during a lawful traffic stop that reveals no other information other than the location of a substance no one has any right to possess does not implicate the 4th Amendment

18-2-101 Criminal Attempt

The offender




took a substantial step toward the commission of the crime




intending to complete the crime




Substantial step: an overt act beyond mere preparation to commit the crime.

18-2-201 Conspiracy

The offender




agreed with one or more persons




to accomplish an unlawful purpose which amounts to a crime




Must involve an overt act by him or one he conspired with

18-2-301 Criminal Solicitation

The offender




commands, induces, entreats, or otherwise attempts




to persuade another person, or




offered the offender’s or another’s services to a third person




to commit a felony




under circumstances strongly reflecting that the offender intended to commit the crime

Homicide 18-3-101

Definition: The killing of one person by another.

18-3-102 Murder in the 1st Degree

This crime normally involves the killing of another after deliberation or during the course of certain serious offenses.

Deliberation – 18-3-102(1)(a)

The Offender




intentionally caused the death of another person




after “Deliberation”




After deliberation means more than intent. Committed after reflection or thought, not on impulse.

Murder in the 1st Degree (cont.) BRAKES

The offender




while committing or attempting to commit




Arson, robbery, burglary, kidnapping, sexual assault, or escape




During the course of the crime or immediate flight thereof




Caused the death of another, other than one of the participants.

Murder in the 1st Degree (cont.) Perjury





The offender caused the conviction and execution of an innocent person




Because the offender perjured him/herself or suborned (got another to commit perjury)

Murder in the 1st Degree (cont.) Narcotics





The Offender




knowinglydistributed/dispensed/sold a controlled substance to a person under 18




upon or within 1000 ft. of a public or private elementary/vocational/junior/high school




and the death of such person was caused by the use of the controlled substance

Murder in the 1st Degree (cont.) Indifference to life




The offender under circumstances evidencing an attitude of universal malice




knowingly




engaged in conduct which created a grave risk of death to persons other than himself




and thereby caused the death of another

Murder in the 1st Degree (cont.) Person in Position of Trust



The offender knowingly




caused the death of a person under the age of 12, and




the offender was one in a position of trust with respect to the victim.

18-3-103 Murder in the 2nd Degree

The Offender




knowingly




caused the death of another

Murder in the 2nd Degree (cont.) “Heat of Passion”





The Offender




knowingly




caused the death of another person




under circumstances where the act causing death was performed under a sudden heat of passion and was




Caused by a serious and highly provoking act of the intended victim




which affected the offender sufficiently to excite an irresistible passion in a reasonable person, and




there was no interval between the provocation and killing sufficient for the voice of reason and humanity to be heard

18-3-104 Manslaughter Recklessly -





The offender -




recklessly -




caused the death of another




OR




Suicide -




The offender -




intentionally -




caused or aided -




another person to commit suicide

18-3-105 Criminally Negligent Homicide

The offender




killed another person




by conduct amounting to criminal negligence

18-3-106 Vehicular Homicide

The offender




operated a motor vehicle




[in a reckless manner] or




[while under the influence of alcohol/ one or more drugs/ combination of both alcohol and one or more drugs




and such conduct is the proximate cause of the death of another person




Strict Liability Crime

First Degree Murder of a peace officer, firefighter or emergency medical service provider(EMS)

The offender




committed First Degree Murder (in any of the above specified ways)




of a peace officer/firefighter/emergency medical service provider




who was engaged or acting in, or was present for the purpose of engaging or acting in, the performance of any duty/service/function imposed, authorized, required or permitted by law to be performed by a peace officer/firefighter




(Whether or not the peace officer/firefighter/ EMS was within the territorial limits of his jurisdiction)




and the peace officer/firefighter/EMS was in uniform OR




the person committing the assault knew or reasonably should have known that the victim was a peace officer/firefighter/EMS