Legal Analysis - Criminal Procedure

Front 1

Criminal Procedure:

a. The amendment is applicable via the due process clause.

Back 1

Source

Front 2

Criminal Procedure:

i. To make a stopfor investigative purposes even though it lacks probable cause to arrest, must have reasonable suspeicion supported by articulable facts that criminal activity is afoot or involvement in a completed crime.

Back 2

Detention - Stop

Front 3

Criminal Procedure:

i. If the officer believes that the suspect is armed and dangerous you can search for weapons or other sources of danger, but not for contraband.

Back 3

Detention - Frisk

Front 4

Criminal Procedure:

i. Rule: The porlice must have probable cause to make a warrantless arrest.
1. Probable Cause: to have probable cause it has to be more likely then not a violation of the law has been committed and the person you arrested committed that violation.

Back 4

Detention - Arrest

Front 5

Criminal Procedure:

a. 4th amendment search and seizure (all headings below_): The fourth amendment provides that people should be free in their persons form unreasonable searches and seizures.
i. Have to show that it was by a government agent
ii. Person had standing, reasonable expectation of privacy

Back 5

Investigation

Front 6

Criminal Procedure:

a. Probable cause: established from facts submitted to the magistrate by a government agent upon oath or affirmation.
b. Particular Description: the place to be searched and the items to be seized.
c. Signed by a natural and detached magistrate.

Back 6

Investigation - Warrant

Front 7

Criminal Procedure:

a. Properly Executed Warrant
i. Execution Without Unreasonable Delay
ii. Within the scope of the warrant.

Back 7

Investigation - Execution of the Warrant

Front 8

Criminal Procedure:

i. If the police reasonably believe even if they are in error that the warrant they have is valid the exclusionary rule does not apply.

Back 8

Investigation - Not a Valid Warrant - Good Faith Exception

Front 9

Criminal Procedure:

1. If you have a valid arrest you can search the area within the arrestee’s control. Have to go through probable cause. Arrest someone that is driving a car you can search the entire compartment.

Back 9

Warrentless Search Exception - Search incident to arrest

Front 10

Criminal Procedure:

1. Exigent circumstances can justify a warrant less entry of a home to make a felony arrest or to conduct a search related to a serious offense under the follow circumstances:
a. Hot pursuit of a fleeing felon
b. Imminent Destruction of Evidence
c. The nee to prevent a felon’s escape; or
d. Risk of Harm to the police or others.

Back 10

Warrantless Search Exception -

Exigent Circumstances

Front 11

Criminal Procedure:

1. the police may make a warrant less seizure when they:
a. Are legitimately on the premises
b. Discover evidence, fruits of instrumentalities of crime or contraband
c. See such evidence in plain view; and
d. Have probable cause to believe that the items are evidence, contraband, or a fruit or instrumentality of crime.

Back 11

Warrantless Search Exception:

Plain view

Front 12

Criminal Procedure:

1. If there is a car in the fact pattern talk about the automobile search exception. If the police have probable cause to believe that a vehicle such as an automobile contains contraband of fruits, instrumentalities, or evidence of a crime, they may search the vehicle without a warrant

Back 12

Warrantless search exception:

Automobile Exception

Front 13

Criminal Procedure:

1. The police may conduct a valid warrant less search if they have a voluntary and intelligent consent to do so.

Back 13

Warrantless Search Exception:

Consent

Front 14

Criminal Procedure:

c. If one of these exists then we have a valid search if no then we apply the exclusionary rule.

Back 14

Warrantless Search Exception

Front 15

Criminal Procedure:

a. Under the federal rules of evidence a defendant’s confession is a party’s admission and is generally admissible. Defendant must establish a constitutional violation in order to exclude the confession. Can be used against the person if it was voluntary and maintained in conformity with Miranda.

Back 15

Confessions

Front 16

Criminal Procedure:

1. When a suspect is taken into custody by the police and interrogated his confession is only admissible if he received Miranda warnings.

Back 16

Confessions - Miranda Rule

Front 17

Criminal Procedure:
1. If they say he is in custody don’t spend time on it and get to waiver.
2. Rule: a reasonable person would not feel free to leave.

Back 17

Confessions: Custody

Front 18

Criminal Procedure:

1. Rule: words or actions by officers that are likely produce an incriminating statement.

Back 18

Confessions - Interrogation

Front 19

Criminal Procedure:

1. Can be used to impeach the defendant if it was voluntary.

Back 19

Confessions - Confessions in Violation of Miranda

Front 20

Criminal Procedure:

1. Is only effective if it is voluntary, knowing and intelligent. Silence is not an effective waiver.

Back 20

Confessions - Waiver

Front 21

Criminal Procedure:

vi. If the defendant invokes there right to counsel then all questions must cease. The only time that this would be valid is if the client initiates questioning.
vii. If the defendant waives all there rights in the first session, the police do not have to give Miranda again to those people.

Back 21

Confessions

Front 22

Criminal Procedure:

a. Cover your 6ht amendment right to counsel if it was a post charge.
b. Violation of Due process if there was a substantial likelihood of misidentification.
c. If a lineup is improper the prosecutor has to show that by clear and convincing evidence

Back 22

Line Ups

Front 23

Criminal Procedure:

a. That evidence obtained in violation of the defendants constitutional rights may not be introduced at trial to provide proof of the defendant’s guilt.
b. Fruits of the Poisonous Tree: Generally, not only must illegally obtained evidence to be excluded, but also all evidence obtained or derived from exploitation of that evidence.

Back 23

Exclusionary Rule

Front 24

Criminal Procedure:

i. Independent Source
ii. Inevitable Discovery
iii. Intervening Act of Free Will
iv. It is never harmless error to deny the right to counsel at trial.
v. Good Faith Exception

Back 24

Exclusionary Rule Exceptions

Front 25

Criminal Procedure:

a. A 6th amendment right to a speedy trail, to determine whether the defendants rights were violated the court will consider the length of the delay, reason for the delay, whether defendant asserted right before trail began what prejudice the defendant had suffered by delay, and based on the totality of the circumstances.

Back 25

Trial Rights