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34 Cards in this Set

  • Front
  • Back
what is the remedy if someone is the victim of an illegal search or coerced confession?
the Exclusionary Rule: The remedy of U.S. constitutional criminal procedure whereby somebody who is the victim of an illegal search or coerced confession has the resulting evidence excluded.
can a grand jury witness be compelled to testify based on illegally seized evidence?
Yes - Exclusion does not apply to the conduct of grand juries.
can illegally seized evidence be introduced in civil proceedings?
Yes - Exclusion is inapplicable in civil proceedings.
In order to qualify for exclusion, what must the search in question violate?
either the federal constitution or a federal statute.
can illegally seized evidence or coerced confessions be introduced in parole revocation proceedings?
Yes - Exclusion does not apply to parole revocation proceedings.
What are the elements of the good faith defence to exclusion - to allow evidence to be introduced despite violation?
evidence will not be excluded where either (a) the police rely in good faith on a judicial opinion later changed by another opinion; OR (b) the police rely in good faith on a statute or an ordinance later declared unconstitutional; OR (c) the police rely in good faith on a defective search warrant [or a computer error where the record keeping is not attributable to the police].
New York Rule: New York does not recognize good faith reliance on a defective search warrant; therefore the evidence based on a defective search warrant will be excluded
can excluded evidence be used to for impeachment purposes?
all illegally obtained evidence may be used to impeach the defendant's trial testimony; but not to impeach other defence witnesses.
what is the Fruit of the Poisonous Tree Doctrine?
Exclude not only illegally seized evidence, but also evidence derived from original police illegality. Derived evidence called "fruit of the poisonous tree".
what are the three ways for the government to break the chain between original unlawful police action and evidence allegedly derived from that action?
(a) independent source for the evidence; (b) inevitable discovery (i.e. the evidence would have been discovered anyway); and (c) intervening acts of free will on the part of the defendant
If the original police illegality is a failure to give the Miranda rights, will physical evidence derived from it be excluded?
NO - If the original police illegality is a failure to give the Miranda rights, then physical evidence derived from it will NOT be excluded and the fruit of the poisonous tree doctrine is inapplicable. On the other hand, if the confession was involuntary then the doctrine WILL apply to exclude physical evidence (MPQ).
when is an arrest warrant required?
Non-emergency arrest of an individual in his home requires an arrest warrant.
what do police need in order to compel you to come to a police station either for fingerprinting or interrogation.
Station house detention: Police need probable cause to arrest you.
to detain an individual briefly for questioning in New York, what grounds do the police require?
police must have founded suspicion that criminal activity is afoot; the the police may then ask questions, the detention must be brief, and if the individual supplies explanations, the police must release him. this is the common law right to inquire
what grounds do NY police need to stop and frisk a person?
they must have reasonable suspicion of criminal activity.
what grounds do NY police need to arrest a person?
they must have probable cause.
What two things are required to invoke the 4th Amendment right to protection from unreasonable search and seizure?
There must be (1) governmental conduct and (2) a reasonable expectation of privacy
What is required to show a Reasonable expectation of privacy?
(i) standing to object to the legality of the search; and (ii) that the item the government wants to seize is not of a public nature.
What are the three automatic categories of standing to object to a search?
(a) ownership of the premises searched; (b) living on the premises searched; and (c) overnight guests have standing to object to the search of the place where they are staying.
Do passengers in cars have standing to object to a governmental search of the car?
If don't claim they own the car and don't claim that the stuff taken was theirs, they do NOT have standing.
Does a person (e.g. a drug dealer) briefly on the premises of someone else solely for the business purpose of cutting up drugs for sale have standing to object to the search of those premises?
What are the 3 requirements for a valid search warrant?
1. probable cause
2. warrant must be precise on its face, stating with particularity the place to be searched and the things to be seized.
(c) warrant must have been issued by a neutral and detached magistrate
in New York, what are the Requirements for a valid warrant based on an informer's tip?
the affidavit underlining the warrant must:
(i) Set forth sufficient underlying facts and circumstances to let the magistrate know how the informer got his information.
(ii) Credit the reliability and credibility of the informer. E.g. the informer was used three times in the past and have led to convictions (i.e. prior use).
where can the police search without a warrant based on the incident to a lawful arrest exception?
the person and the areas he could reach for a weapon or to destroy evidence - ie his "wingspan". When person is validly arrested in a car, the wingspan includes every part of the interior compartment of the car and everything in it, but NOT the trunk of the car.
when can police search a car without a warrant?
when they have probable cause to believe the car contains contraband.
If probable cause, they can search the whole car without a warrant -- trunk and interior compartment; also can open any package, luggage or other container, whether owned by the driver or passenger or not, if they have probable cause to look for thing there (a wallet cannot be searched if looking for TV sets).
for police to search something they have seen in plain view without a warrant, what is requried?
Police officer must be legitimately present where he or she does the viewing.
where two or more people have an equal right to use a piece of property or premises, can only one of them consent to its warrantless search?
if police stop and frisk a person and they found evidence of crime but not a weapon, what is the legal standard for its admissibiltiy?
How much like a weapon or contraband could it have seemed from the outside?
what are the there are limitations on the hot pursuit of a fleeign felon exception to the warrant requirement?
Once it is applicable, there are none.
When does wiretapping require a warrant?
always, unless the person hearing consents to the eavesdropping or is wired
what are the two requirements that trigger the Miranda warning?
custody and interrogation
if you are being questioned by the police in your own home, are miranda rights triggered?
yes - you are not free to leave your own home.
What is an interrogation for the purposes of triggering Miranda?
interrogation is any conduct where the police knew or should have known they might get a damaging statement.
what is required to waive Miranda rights?
waiver must be knowing, voluntary and intelligent. There can be no waiver of Miranda rights by silence or shrugging shoulders
Does it make a difference when an accused person makes a request for counsel?
yes - if immediately followign Miranda warning, 5th amendment right to counsel is invoked, which is not offence specific. any other time, 4th amendment right, which is offense specific.