Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
72 Cards in this Set
- Front
- Back
|
Fourth Amendment Challenges - Standing
|
D must have standing to assert claim |
|
|
Fourth Amendment - Exclusionary Rule |
Prevents introduction at a subsequent criminal trial of evidence unlawfully seized |
|
|
Fourth Amendment - Government Conduct |
Publicly paid police, private person directed by police or deputized private police |
|
|
Fourth Amendment - Reasonable Expectation of Privacy |
applies to place searched or item seized |
|
|
Arrest - Definition |
Unreasonable seizure of persons |
|
|
Seizure - Definition |
Seizure occurs when police by use of physical force/show of authority terminate or restrain freedom of movement and D actually submits |
|
|
Seizure - Totality of Circumstances |
If police intent to restrain is ambiguous, or D's submission is only passive acquiescence, Seizure occurs if totality of circumstnaces would lead reasonable person to believe not free to leave |
|
|
Stop and Frisk - Definition |
Temporary detention that constitutes seizure if officer by physical force or show of authority has in some way restrained (physical or order to stop) liberty of citizen |
|
|
Warrant - Arrest |
Must be issued by neutral/detached magistrate upon finding of probable cause and describe with particularity the D and the crime |
|
|
Deficient Warrant |
Does not invalidate arrest as long as there was probable cause |
|
|
Warrant - Search |
Issued by magistrate upon finding of PC, supported by oath or affidavit, describe with particularity Reasonable belief that contraband will be found |
|
|
Warrant - Facts supporting probable cause |
Officer's personal observations Information from reliable, known informant or verified unknown informant Evidence seized during stop and based on reasonable suspicion, discovered in plain view, or during consensual search |
|
|
Warrant - Particularity |
Must specify place to be searched and objects to be seized |
|
|
Knock and announce rule |
Police must generally announce purpose when executing a warrant (unless state allows exception for exigent circumstances) Violation does not trigger exclusionary rule |
|
|
Warrantless arrest |
Arrest warrant not needed in public place or for felony/misdemeanor in arresting party's presence Invalid arrest alone not a defense to crime charged (but will affect seizure of evidence) |
|
|
Reasonable expectation of privacy - home, private room, office |
Use of imaging devices not used by general public is a search
Use of drug-sniffing dog is a search if on constitutionally protected property |
|
|
REP - Luggage |
REP for invasive searches but not for canine sniff |
|
|
REP - automobiles |
Reasonable suspicion for stop Probable cause for pretextual stops when traffic law vioalted to investigate whether another law has been violated |
|
|
REP - open areas |
Outside curtilage - no reasonable expectation of privacy |
|
|
REP - odor from car |
No REP |
|
|
Search incident to lawful arrest |
Must be reasonable in scope and incident to lawful arrest |
|
|
Search incident to lawful arrest - wingspan |
Contemporaneous search of person/immediate surrounding area including pockets/containers |
|
|
Search incident to lawful arrest - home |
Closets/other spaces adjoining place of arrest in home where attack likely |
|
|
Search incident to lawful arrest - vehicle |
Arrestee within reaching distance of glove compartment during search or reasonable that evidence might be in vehicle |
|
|
Exigent Circumstances - Hot Pursuit |
Can seize "mere" evidence (not fruits/instrumentalities of crime) from private building if they have PC to believe D guilty of felony |
|
|
Exigent Circumstances - Emergency |
Reasonable apprehension that delay in getting warrant would result in immediate danger of evidence destruction, police/public safety or fleeing felon |
|
|
Stop and Frisk - Stop |
Reasonable suspicion, based on articulable facts that detainees involved in criminal activity, and is a limited/temporary intrusion on D's freedom of movement |
|
|
Stop and frisk - Frisk |
Under "plain feel" exception, if officer feels object whose identity is immediately obvious, it can be seized |
|
|
Stop and frisk - passenger compartment |
If police have reasonable belief suspect is dangerous to get control of weapons. Search limited to hiding places |
|
|
Stop and frisk - Limitations |
Least intrusive means reasonable available to frisk for weapons only |
|
|
Automobile exception |
Can search any part of car if PC that it contains contraband or evidence of crime |
|
|
Plain view in public |
No REP |
|
|
Plain view in private |
If officer on premises for lawful purposes and the criminal nature of item is imediately apparent |
|
|
Third party consent to search |
Can consent to own property search, but D's property only if agency relationship to D or D assumes the risk of search when giving right to third party to consent to search |
|
|
Warrant authorizing wiretapping |
Limited period of time PC crime about to be committed Identify persons and describe particular conversations When to terminate tapping Reveal intercepted conversation to court |
|
|
Standing to object |
Legitimate expectation of privacy with regard to search |
|
|
Exclusionary rule - fruit of the poisonous tree |
Applies not only to evidence initially seized as a result of government illegality but also to secondary derivative evidence resulting from primary taint |
|
|
Exclusionary rule - exceptions |
Inevitable discovery Independent source Attenuation Good faith Isolated police negligence Knock and announce In court ID |
|
|
Fifth Amendment Self-incrimination - Rule |
No person shall be compelled in criminal case to testify against himself |
|
|
Self-incrimination - Testimonial Evidence Only |
Non-testimonial, physical evidence not protected |
|
|
Self-incrimination - Proceedings |
Applies to civil/criminal, formal/informal proceedings if answers proide reasonable possibility of incriminating D in future criminal proceeding |
|
|
Fifth amendment waiving privilege |
D waives by taking the stand and answering prosecution's questions, witness waives it by disclosing self-incriminating information in response to specific question |
|
|
Police interrogation |
Any incriminating statement obtained as result of custodial interrogation may not be used against suspect at subsequent trial unless police inform subject of MIRANDA rights |
|
|
Fifth amendment right to counsel |
D must make a specific, unambiguous statement asserting his desire to have counsel present
Once invoked, all interrogation must stop until counsel is present, unless D voluntarily initiates communication with police OR 14-day break in custody and fresh MIRANDA warnings given |
|
|
Fifth amendment exceptions |
Public safety Routine booking questions Undercover police Waiver - knowingly, voluntarily, intelligently waive right (silence not sufficient) |
|
|
Tainted confession |
Giving Miranda warning removes taint of prior Miranda violation Second confession inadmissible if circumstances make it clear police approach was intentional attempt to circumvent Miranda |
|
|
Fifth Amendment - Trial |
D can refuse to testify at criminal trial or other proceedings that might incriminating him in future criminal proceedings |
|
|
Sixth Amendment Right to Counsel |
All critical stages of prosecution, regardless of whether specifically asked Right to refuse counsel |
|
|
Blockburger Test |
Two different crimes in one criminal transaction deemed to be same offense unless each offense requires proof of an element that the other does not |
|
|
Sixth amendment vs Miranda comparison |
Unlike Miranda, presence of counsel only applies to interrogations about offense charged; like Miranda, D may make knowing/voluntary waiver of right |
|
|
Remedies to Denial of Counsel - Trial Proceeding |
D's conviction automatically reversed even without specific showing of unfairness |
|
|
Remedies to Denial of Counsel - Guilty plea |
D has right to withdraw it and can't be used against him as an admission |
|
|
Remedies to Denial of Counsel - non-trial proceeding |
Harmless error analysis |
|
|
Remedies to Denial of Counsel - Informants |
Post-indictment statement ot informant where situation likely to induce D to incriminate himself without counsel inadmissible |
|
|
Remedies to Denial of Counsel - Exclusionary Rule |
Fruits of poisonous tree doctirne applies to statements and physical evidence obtained as result of violation |
|
|
Ineffective Assistance of Counsel |
Reasonable competence presumed but Counsel's representation fell below objective standard of reasonableness, and Cousnel's deficient performance prejudiced D, resulting in unfair/unreliable outcome Mere inexperience not enough |
|
|
Preliminary hearings |
Must be held within 48 hours to determine PC Fourth amendment guarantees D right to be released if no PC No remedy if detention is unlawful other than exclusion of evidence |
|
|
Bail |
No constitutional right to bail, but denial of or excessive bail must comply with Due Process |
|
|
Competency |
D must comprehend nature of proceedings against him and have ability to consult with lawyer with reasonable degree of rational understanding |
|
|
Grand juries |
D has nor ight to present/confront witnesses or introduce evidence, and no dismissal due to procedural defect unless substantial impact on decision to indict |
|
|
State's duty to disclose |
AFfirmative duty to disclose any material evidence favorable to D and relevant to prosecution's case in chief that would negate guilt or diminish culpability Failure is grounds for reversal |
|
|
Right to jury |
Federal - 6th amendment; State - 14th amendment for serious criminal offenses |
|
|
Guilty pleas |
Must be intelligent and voluntary and made in presence of judge Judge must advise D D can attack plea for ineffective assistance of counsel or lack of jurisdiction Judge can reject plea |
|
|
Speedy trial |
Due process - protects pre-accusation delay Sixth Amendment - protects post-accusation delay; time starts at time of arrest Balancing test |
|
|
Right to Confrontation |
Accused has right to cross-examine adverse witnesses and be present at any stage of trial |
|
|
Admission of confession by non-testifying co-D at joint trial |
violates sixth amendment |
|
|
Permissive presumption |
Regarding element of offense, not violation unless it is irrational |
|
|
Mandatory presumption |
Violation of due process |
|
|
Criminal standard |
Proof beyond a reasonable doubt, all elements |
|
|
Double jeopardy |
Protects against second prosecution for same offense after acquittal/conviction and against multiple punishments for the same offense |
|
|
Double jeopardy - same offense |
Blockburger test - generally bars successive prosecutions for greater/lesser included offenses unless jeopardy attaches to lesser-included offense before event necessary for greater offense |
|
|
Convictions post-trial |
D can attack conviction after unsuccessful appeal under writ of habeas corpus |
