Wa Barbri - Crim Pro

Front 1

DEFINE

exclusionary rule

Back 1

Government may not profit from own wrongdoing and may not use either direct results or “fruits” of illegal action

Front 2

DEFINE

standing

Back 2

A defendant has standing - ability to challenge unlawful government act - in premises she legally owns or possesses, or premises she has a legal right to stay in, or where she has automatic standing

Front 3

Search and seizure requires...

Back 3

Requires state action, search or seizure or 4th amendment doesn’t apply

Front 4

DEFINE

arrest

Back 4

May be made w/probable cause; warrant needed for person in home, absent exigent circumstances

Front 5

When is a warrant needed?

Back 5

Felony - not generally required, unless home or 3rd party’s home

Misdemeanor - generally required, unless committed in officer’s presence or violent misdo

Front 6

DEFINE

terry stop

Back 6

Police may conduct temporary detention (something less than actual arrest) if reasonable suspicion that criminal activity is afoot, as derived from specific and articulable facts based on totality of circumstances

Front 7

DEFINE

stop

Back 7

Stop: where reasonable, innocent person would not feel free to leave or to terminate the encounter

Front 8

DEFINE

search validity

Back 8

Police may conduct search pursuant to warrant issued by neutral and detached magistrate upon PC; warrant needed unless case falls under 1 of 7 exceptions (search incident to arrest, automobile, inventory, plain view, consent, frisk in course of temporary stop, hot pursuit/evanescent evidence)

Front 9

RULE

regarding confidential informants

Back 9

Confidential informants: look at basis of knowledge and reliability of informant

Front 10

When can D challenge warrant affidavit?

Back 10

Affidavit: can challenge when 1) false statement 2) intentionally/recklessly included and 3) material

Front 11

LIST

execution of warrant requirements

Back 11

Execution of: knock and announce, limited scope of search, must provide copy of warrant to person searched, copy of return to magistrate, may detain persons at premises, can seize plan view items

Front 12

LIST

exceptions to warrant requirement

Back 12

search incident to arrest, automobile, inventory, plain view, consent, frisk in course of temporary stop, hot pursuit/evanescent evidence

Front 13

DEFINE

Search incident to lawful arrest

Back 13

Must be reasonably contemporaneous with arrest; scope must be within wingspan, protective sweep of home OK

Front 14

When is search of passenger compartment of vehicle OK?

Back 14

Passenger compartment of vehicle only OK if 1) arrestee is unsecured OR 2) police have reasonable grounds to believe evidence related to crime of arrest is in the car

Front 15

DEFINE

automobile exception to warrant requirement

Back 15

Automobiles: need PC to suspect contraband is in car, scope depends on item, exigency needed

Front 16

DEFINE

inventory search requirements

Back 16

Inventory searches: do not need PC; need justifiable impoundment of car, regular impound procedures that do not allow looking into closed/locked containers unless manifest necessity

For jail inventory searches, only for reasonable safety and security purposes for searches, cannot shock conscience

Front 17

When can confessions be suppressed?

(5)

Back 17

Confession can be suppressed where:
1) fruit of illegal arrest/detention,
2) due process is violated,
3) Miranda violated,
4) right to counsel violated,
5) 48 hour rule (not taken to judge in 48 hours of arrest) violated

Front 18

DEFINE

Miranda right

Back 18

Miranda: person subjected to custodial interrogation must be given Miranda warnings (right to remain silent, anything said held against, right to presence of attorney, right to attorney appointment)


Custodial interrogation: not free to leave; direct questioning and functional equivalent

Front 19

DEFINE

custodial interrogation

Back 19

Custodial interrogation: not free to leave; direct questioning and functional equivalent

Front 20

When is ID challenge appropriate?

Back 20

Due process: can challenge ID where unnecessarily suggestive and substantial likelihood of misidentification; can still be admissible, however, if it possesses “sufficient indicia of reliability”

Sixth amendment: right to counsel after formally charged and placed in lineup for ID purposes

Front 21

LIST

timelines for PC hearing, arraignment, speedy trial

Back 21

PC hearing: hearing must be given within 48 hours of arrest; no right to counsel/can be based on hearsay

Arraignment: must be held in 14 days of filing info/complaint if in jail; otherwise, 14 days within 1st appearance

Speedy trial: defendant must be tried within 60 days of arraignment if in custody; 90 days if not

Front 22

DEFINE

ineffective assistance of counsel requirements

Back 22

Strickland - D must demonstrate
1) counsel performed below objective measure of competency,
2) but for counsel’s deficiency, reasonable probability that outcome of proceeding would have been different

Front 23

DEFINE

double jeopardy violation

Back 23

5th amendment; jeopardy attaches at jury trial when jury sworn in or bench trial when first witness is sworn in; only applies for same offense or included offenses (if additional fact required, not “same”)