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31 Cards in this Set
- Front
- Back
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Silverthorne Lumber Co. v. United States
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Federal agents illegally seized tax books from Silverthorne and created copies of the records. Case established that feds cannot use illegally obtained evidence in court.
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Exclusionary Rule |
The exclusionary rule applies to evidence gained from an unreasonable search or seizure in violation of the Fourth Amendment |
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Good Faith Exception |
If a police officer believes a warrant is valid, obtains evidence, and it is later found that the warrant is fake, evidence can still be used. Leon V. United States |
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Mapp V. Ohio |
used fake warrant to enter home Case established that exclusionary rule applies to states too |
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Weeks V. United States |
Supreme Court case in which the Court unanimously held that the warrantless seizure of items from a private residence constitutes a violation of the Fourth Amendment.
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Three Levels of Police Contact |
Consensual Encounter (Requires Nothing) Detention (Requires Reasonable Suspicion) Arrest (Requires Probable Cause) |
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Type of Search Warrants |
Knock Warrant must announce presence before entering No Knock Warrant don't need to announce presence Anticipatory Warrant crime will happen at a future location/time Sneak and Peek Warrant allow entry w/o occupant’s permission or knowledge FISA Warrant requests for surveillance warrants against foreign spies inside the United States |
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Types of Searches |
Warrants Warrantless |
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Terry v.Ohio |
Police can stop and frisk you as it doesn't violate your 4th amendment against unreasonable searches or seizures
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Robinson V. United States |
can be fully searched after being arrested |
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Motor Vehicle Exception |
Any vehicle can be searched if: probable cause located where officer has legal access |
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Exigent Circumstances |
have probable cause but no time to get a warrant examples: An emergency, Threat of Death, Threat of Property Damage, Destruction of Evidence Special Circumstances: open fields |
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Five Types of Bail |
ROR release on promise to appear on all court dates Conditional Release release on execution of a promise Surety Bond govt. holds your property, then let you go Cash Bail cash given to court ensure appearance in future court dates Preventative Detention denial of bail, protecting the public (murderer) |
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Taylor V. Taintor |
bounty hunters have expanded rights to seize fugitives however they want |
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VERA Foundation |
introduced the ROR system defendants with strong community ties would return for scheduled court appearances |
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Civil vs. Criminal Law |
Civil victim vs. another individual punishment:$$$ Need Preponderance of Evidence Criminal defendant vs. government punishment: loss of liberty, life, money Need Beyond a Reasonable Doubt |
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Juvenile System |
Status offense: noncriminal act but a violation because of offender's age Delinquent Offense: act that would be considered a crime if committed by an adult |
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Felony vs. Misdemeanor |
Felony: serious, will be arrested Misdemeanor: less serious, arrest or citation |
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Origin of Law Phases |
Personal/Retaliation Church Common Law ( Jeremy Benthem) |
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General vs. Specific Intent |
General intent implied by the act (commit a crime) Specific intent above and beyond the act (commit a crime+ cause harm) |
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4 Levels of Mens Rea (Intent) |
Purposefully: was the result the goal? Knowingly: were u certain result would hppn? Recklessly: would a normal person do this knowing the risks? Negligently: would a reasonable person have known the outcome would/could happen? |
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Insanity Defense vs. Diminished Capacity |
Insanity absence of mens rea (intent) Diminished Capacity not capable of formulating full mens rea no longer exists in California |
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Three Tiers of Courts |
Federal District Courts Federal Circuit of Appeals U.S. Supreme |
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How many courts does California have? |
Superior and Muncipal |
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Mitigating vs. Aggravating |
Mitigating no injury, no weapon, no priors Aggravating weapons, injured victims, gang related |
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Charges vs. Counts |
Charges the name of the crime you are charged with Counts the number of times you commit a crime |
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Concurrent vs. Consecutive Sentences |
Concurrent all time served at the same time Consecutive separate times for separate sentences |
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Three Strikes |
serious or dangerous felony= 1 strike another serious or dangerous felony + 1 strike= 2 strikes serious or violent felony+prior 2 strikes= 3 strikes |
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County of Riverside v. McLaughin
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whether suspects arrested without a warrant (warrantless arrests) must be brought into court to determine if there is probable cause for holding the suspect in custody.
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Trial Procedures |
opening arguments presentation of evidence rebuttals closing arguments jury instructions |
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What two choices do you have in CA? |
Grand Jury or Preliminary Hearing |
