Ls - Crim Pro Take 3

Front 1

Is it a search? (Informants - case name)

Back 1

White

Front 2

"Is it a search? (Technology case name w/ ""specialized technolgy"""

Back 2

Kyllo

Front 3

Probable Cause

Back 3

*facts and circumstances *within the officer knowledge OR *reasonably trustworthy information *warrant a 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 4

Pretextual arrests case name & rule

Back 4

"Officer’s Subjective intent does not matter, only what the officer knows for PC purposes (Whren)"

Front 5

Appelate review for Gates test

Back 5

Appellate Review = did the magistrate have a substantial basis for finding PC?

Front 6

Arrest in Public

Back 6

No warrant required. Warantless arrests based on PC for felonies are always valid when made in a public place. [Watson credit card] Warantless arrest for misd committed in his presence. [Atwater seatbelt]. Rationale = You get hearing 48 hrs after arrest (Gerstein hearing)

Front 7

Third Party's Home for arrest warrant (case name only)

Back 7

Stegald

Front 8

Warrant issuance

Back 8

"A neutral/detached magistrate must determine that there is PC that evidence 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 9

"Mistakes in warrant application, case names"

Back 9

Garrison -ok mistake. Franks- bad faith.

Front 10

Franks Hearing

Back 10

"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 11

Warrant Execution Issues (List)

Back 11

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

Front 12

Knock & Announce case name that establishes rule

Back 12

Wilson

Front 13

List the EXCEPTIONS TO THE WARRANT REQUIREMENT

Back 13

"(ICECAPSCaPS), Iventory Search, Consent, Exigency, Checkpoints, Automobile, Plain View, SILA, Consensual Encounters, Protective Sweep, Stop and Frisk"

Front 14

Search Incident to Arrest case named

Back 14

Search the person (Robinson) - Search area within that person’s control (Chimel).

Front 15

SILA - Monitoring Power case name only

Back 15

Chrismen

Front 16

SILA & Vehicle Searches

Back 16

"[Gant] Test = PC to arrest + Reason to believe the interior of the car harbors evidence of the crime for which the person is being arrested, Scope = Limited to crime of arrest and places harboring evidence or weapons within D’s reach. Rationale = Preservation of evidence, officer safety. If cuffed in the backseat of a car, this takes away the rationales."

Front 17

Exigent Circumstances

Back 17

"Warden: PC to enter + Exigency (circs made conduct imperative, Rationale = Safety + Preservation of Evidence - Types = fights [Brigham], public + police safety, hot pursuit, prevent escape"

Front 18

Automobile & Container Searches

Back 18

"[Acevedo] Test = Warrantless search of the entire car and containers limited by size and nature of items for which there is PC. Rationale = Cars are mobile, cannot get a warrant, less privacy expectation in vehicle. If PC is for a container, can’t search whole car. Can search a passenger’s belongings but not her person."

Front 19

Inventory Searches

Back 19

"BERTINE: Police must be acting subject to impound - (1) acting in GF (2) according to police regulations concerning inventory procedures. Scope = Limited to procedures, cannot be so broad as to give officer unlimited discretion [Wells] – nothing in procedures covered locked suitcases in trunk, so officer could not inventory the locked suitcase in D’s trunk Rationale = Protects owner’s property, protect police/impound from claims of theft/loss, officer safety"

Front 20

Consent Searches

Back 20

" [Shneckloth]Test = State must show consent was voluntary and not the result of duress/coercion, Totality of circumstances test.. Does not have to be knowing waiver. Limited to what a rsnbl officer would have understood about the exchange btw the officer + suspect regarding the scope"

Front 21

Matlock

Back 21

3rd party can consent to a search. Test - commona authoiry / joint access or control

Front 22

Plain View Doctrine cases

Back 22

Horton & Hicks

Front 23

Seizures of Persons and Consensual Encounter Cases

Back 23

"Mendenall, Bostick & Hodari. Would a reasonable person feel free to leave or to disregard the officer's questions? Physical contact OR show of authority plus submission to it."

Front 24

Roadside questioning is not formal custody (case)

Back 24

Berkemier

Front 25

Cases under 5th amendment

Back 25

"MIMED - Miranda, Innis, Mosley, Edwards, Davis (Also consider Perkins, Shatzer & Quarles)"

Front 26

Quarles

Back 26

Public Safety Exception for Miranda

Front 27

Perkins

Back 27

An undercover law enforcement officer does NOT have to give Miranda warnings to an incarcerated suspect before asking questions about an unrelated crime that may elicit an incriminating response

Front 28

Shatzer

Back 28

{inmate]. Effect of realease. All invocations are dissipated 14 days after being released from custodial interrogation.

Front 29

Mosley

Back 29

Was right to remain silent scrupulously honored?

Front 30

Davis

Back 30

" Ambiguous request for counsel does not require the police to cease questioning. However, Clarification of ambiguous request is highly encouraged"

Front 31

6th Amendment Cases

Back 31

"""Mad Monkeys Change Good Kind People Forever"" Massiah, Montejo, Cobb, Gideon, Kuhlman, Patterson, Faretta"

Front 32

Cobb

Back 32

Two offenses rae the same if the statutory elements of one are included in the other.

Front 33

Patterson

Back 33

Miranda is sufficient to inform you of your 6A right [Patterson]. Waiver must be knowing/intelligent/voluntary.

Front 34

Faretta

Back 34

"In court proceedings, D must be made aware of dangers and disadvantages of self-representation. D cannot prospectively invoke your 6A right to counsel, and invocations are offense specific"

Front 35

Massiah

Back 35

"Once the right to counsel has attached, the 6A render inadmissible statements “deliberately elicited” from a defendant in the absence of counsel, unless there is an express waiver of the constitutional right."

Front 36

Kuhlman

Back 36

Passive Listening Case

Front 37

When the exclusionary rule will not apply

Back 37

"(PFISH) Patane Statement, Faith (good), Incriminating others, Standing, Harris Statement"

Front 38

Standing

Back 38

"Carter: Look for Fleeting and Insubstantial connection. Purpose, Duration, Social Guest or Business. "

Front 39

Good Faith Reliance

Back 39

Leon & Herring -Executed search warrant in GF. No GF when 1) Franks (police mislead magistrate) 2) Where magistrate abandoned neutral/detached 3) warrant lacks any reasonable PC 4) Warrant is facially deficient.

Front 40

Patane

Back 40

"Physical evidence obtained as a result of a Miranda violation is admissible b/c 5A protects against self-incriminating statements being introduced at trial, whereas physical evidence speaks for itself"

Front 41

Harris

Back 41

"Where police have PC to arrest, but they make arrest inside home w/o warrant, exclusionary rule does not bar statements made by D outside the home"

Front 42

Independent Source

Back 42

MURRAY: Look for separate facts leading to PC and a warrant.

Front 43

Inevitable Discovery (case name only/facts)

Back 43

[Nix] Christian burial speech vs. search party

Front 44

Attenuation (Factual)

Back 44

" [Wong Sun] Did the evidence come about by means sufficiently distinguishable to be purged of the taint? Look to factors such as (FLIC) Flagrancy of violation, Length of time/closeness in time, Independent act of free will (look for coercion), Consent to a search."

Front 45

The effect of Miranda Warnings on attenuation - case name only

Back 45

BROWN

Front 46

Hudson

Back 46

Knock and Announce

Front 47

Question First

Back 47

"Elstand & Seibert - overlap, timing, location, different cops, continuious, amount of questions. Under Seibert - curative measures."