Ls - Crim Pro 1

Front 1

4th Amendment

Back 1

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

Front 2

Attack Sequence for 4th amendment

Back 2

"1)      Was there a search? 2) Was there PC? 3) Was a warrant required? (Exceptions (SEXI PACKS) or Public Arrests) 4) If a warrant was not required, were the prerequisites for the specific warrantless search theory complied with? 4) If a warrant was required, were the prerequisites for a valid warrant complied with? 5) If a violation occurred, does the exclusionary rule apply? 6) Do any of the derivative evidence doctrines apply? "

Front 3

Katz Test

Back 3

Two prong test to determine if a search has occurred. 1) Did the person have a subjective expectation of privacy? (2) Is that expectation one that society is prepared to recognize as objectively reasonable?

Front 4

Specific categories involving whether or not a search has occurred

Back 4

"Informants (assume the risk), Pen register & Tracking Device (when info is shared with third party or readily available to public), Thermal imaging (protected, info gained through special device not available to public), Physical Manipulation (type of contact, proximity to person, observational vs. exploratory – BOND case), Curtilage (PEPE: Proximity, Enclosure, Purpose, Exclusions), Overflight (not protected, Ciraolo."

Front 5

Exclusionary Rule

Back 5

Any evidence obtained or seizures committed as a result of an unrsnbl search or seizure must be suppressed [Mapp]

Front 6

Probable Cause

Back 6

facts and circumstances within the officer knowledge and which they have reasonably trustworthy information are sufficient in themselves to warrant the fair probability that 1) SEARCH = an item subject to seizure will be found in the place to be search when the search is to take place 2) ARREST = an offense has been or is being committed by the person to be arrested

Front 7

Pretextual arrests

Back 7

"Officer’s Subjective intent does not matter. 1) An arresting officer’s state of mind is irrelevant to the existence of PC, only matters what he knows, not thinks [Whren] 2) Whether police identify the right crime doesn’t matter as long as the facts they identified support PC for some crime [Devenpeck]"

Front 8

Informants as a Source of PC

Back 8

"TEST [Augillar/Spinelli/Gates] Totality of Circumstances: Basis of Knowledge = How the informant knows, extent of detail. Veracity/Reliability = Past tips from informant or corroboration of info, self-incrimination, anon vs. known. Appellate Review = did the magistrate have a substantial basis for finding PC?"

Front 9

Arrest in Public

Back 9

Don’t require a warrant. Rule = Gov official can arrest someone for an offense committed in his presence w/o a warrant if he has PC to believe the person is guilty of a felony [Watson credit card] or misd [Atwater seatbelt]. Rationale = You get hearing 48 hrs after arrest

Front 10

In-Home Arrest

Back 10

" [Payton] To enter into a suspect’s home and make an arrest, w/o an exception you need a warrant + PC that D is at home at time of execution. Exceptions: (HIPR) Hot pursuit, Imminent destruction of evidence, Prevent escape, Risk of danger to police or ppl"

Front 11

Warrant issuance

Back 11

"A neutral/detached magistrate must determine that there is PC that contraband, evidence, or fugitive will be on the premises described when the warrant is executed. Warrant must describe the place to be searched, person or thing to be seized with particularity."

Front 12

Mistakes in warrant application.

Back 12

"Mistake may be okay as long as its rsnbl, Garrison, 3rd floor apartment. However, if a warrant is obtained in bath faith (that is the officer recklessly or intentionally gives false information to the magistrate then evidence can be suppressed. (Franks) "

Front 13

Franks Hearing

Back 13

"D makes substantial preliminary showing of knowing or reckless disregard. If the statement was necessary to finding PC a franks hearing is held. If perjury est. by POE, and w/o the false ev the affidavit would lack PC, evidence is suppressed."

Front 14

Particularity requirement

Back 14

"Desinged to prohibit general warrants/writs of assistance. [Anderson office docs] A warrant must be read in its entire context to avoid general application Nothing about what is to be taken can be left to discretion of officer. Omissions [Groh] – warrant must include things to be searched OR incorporate them by reference to affidavits, etc. "

Front 15

Anticipatory Warrants

Back 15

" [Grubbs Kiddie Porn] There must be PC to believe trig condition will occur and PC that if the trig condition occurs, there is a probability that contraband or evidence of the crime will be found in that place. But, do not have to list trig condition in warrant."

Front 16

Warrant Execution Issues (List)

Back 16

"(MKSMS) Mistake, Knock and Announce, Scope, Method, Staleness"

Front 17

Warrant Execution – Mistake

Back 17

"if officers realize a mistake in the warrant when they get there, have to stop [Garrison]"

Front 18

Knock & Announce

Back 18

[Wilson] Common Law requires knock and announce as part of reasonableness inquiry. Banks – an interval of 15-20 seconds was reasonable given the possibility of destruction of narcotics evidence. Reasonableness is governed by how long it would take to destroy evidence sought.

Front 19

Scope of Warrant Execution

Back 19

Police can only look in places large enough to contain evidence sought after. Cannot let the media or 3rd party come.

Front 20

Staleness of Warrants

Back 20

"If you wait too long, PC may dissipate"

Front 21

List the EXCEPTIONS TO THE WARRANT REQUIREMENT

Back 21

SEXI PACKS - SILA, Consensual Encounter, Exigency, Inventory, Plain View, Consent, ChecKpoint, Sweep

Front 22

Search Incident to Arrest

Back 22

"Given a lawful arrest, an officer can search the person arrested (Robinson) and the area within that person’s control (Chimel). Rationale is preservation of evidence, officer safety. Then use plain view for the accompanying seizure."