Mbe - Criminal Procedure

Front 1

What are the required factors for a consent search to be valid?

Back 1

(1) the person consenting
must have the authority to consent to a search of the premises;

(2) the person's
consent to the search must be voluntary; and

(3) the police may not exceed their
search into areas for which consent to a search has not been given.

Front 2

What are the requirements to search a vehicle without a warrant pursuant to the "Automobile Exception?"

Back 2

Must have probable cause to suspect, or reasonably
believe that the vehicle contains evidence of the crime.

The police must have a reasonable or articulable suspicion to believe that the car contained evidence of a crime.

Front 3

What is required in order for police to search the trunk area of, and locked containers within, an automobile?

Back 3

Once probable cause to search exists (such as finding of drugs in passenger area), police can search the entire vehicle, including closed containers.

Key: the scope is determined by the "OBJECT" of the search.

United States v. Ross,
456 U.S. 798 (1982)

Front 4

What determines the scope of an automobile search under the Automobile Exception to the search warrant requirement?

Back 4

Rule:
If "probable cause justifies the search of a lawfully stopped vehicle, it justifies the search of every part of the vehicle and its contents that may conceal the object of the search."

Key: scope is determined by what the police have probable cause to look for, or the "OBJECT" of the search.

Example: If the police had probable cause to search the entire vehicle for drugs, the police may lawfully search both a locked toolbox, as well as the glove compartment, or any other area of the vehicle in which drugs may be concealed.

United
States v. Ross, 456 U.S. 798 (1982)

Front 5

Does the "Separate Sovereignties Doctrine" apply to trials by a state and its municipalities?

Back 5

No.

Applies only as against Federal to State trials, and state to state trials.

Front 6

What are the 4 Specific Bases with which to attack the admissibility of a statement or confession?

Back 6

(1) the Miranda standard;

(2) the right to counsel approach;

(3) the voluntariness approach; and

(4) fruits of illegal conduct.

Front 7

What are the limitations of a warrantless administrative airport search?

Back 7

Stops may be made (as a result of drug sniffing dogs or undercover police narcotics agents w/ reasonable suspicion), HOWEVER:

any resulting detention must be BRIEF, and a seizure of any luggage is subject to 4th Amendment limitations.

Front 8

When will a prior un-mirandized statement lead to the inadmissibility of a subsequent mirandized statement?

Back 8

A police officer's intentional, bad-faith decision to interrogate a suspect in custody without first giving the required Miranda warnings, which produced a confession followed by Miranda warnings, renders a second post-Miranda confession also inadmissible.

Front 9

What factors does the court balance in determining whether a pre-trial delay is reasonable?

Back 9

Court balances the following 4 factors:

1. The length of the delay;

2. The good faith and justification of the delay;

3. The defendant's assertion of the right to a speedy trial; and

4. Prejudice to the defendant

Front 10

For what types of punishment does a person have an absolute right to counsel?

Back 10

Anytime there is a possibility of jail time, no matter how brief.

Front 11

For what types of punishment does a defendant have a right to a jury trial?

Back 11

Whenever accused faces jail time of possibly MORE than 6 months.

Front 12

What is required for a 3d party to have "apparent authority" to consent to a search?

Back 12

Some indicia of apparent authority must exist in order to form a reasonable belief that person had authority to consent.

Simply being the one who answers the door is NOT SUFFICIENT to yield apparent authority.

Factors: having a key, knowing where things are stored, stating that they live there, etc.

Front 13

Does drug testing of students constitute a "search" under the 4th Amendment?

Back 13

Yes.

HOWEVER - such testing is valid, and is not an intrusion upon their reasonable expectation of privacy.