Criminal Procedure

Front 1

THE FOURTH AMENDMENT

Back 1

protects people from unreasonable searches and seizures.

In order for the 4th Amendment to apply there must be governmental conduct (amounting to a search or seizure) and a reasonable expectation of privacy.

Hint 1

WHO
FROM WHAT
BY WHO

Front 2

STANDING

Back 2

A person must have standing to assert the 4th Amendment right, meaning they must have had a personal right violated.

Front 3

REASONABLE EXPECTATION OF PRIVACY

Back 3

To claim a 4th amendment right, a person must have reasonable expectation of privacy in the place to be searched or the item to be seized.

Ownership or right to possession create a legitimate expectation.

Hint 3

PLACE
ITEM
OWNERSHIP
POSSESSION

Front 4

SEIZURE

Back 4

is a meaningful interference with or deprivation of a person’s possessory interest.

To be valid there must be a warrant supported by probable cause or an exception.

Front 5

SEARCH

Back 5

is the examination of another's person or premises and requires a warrant supported by probable cause unless an exception applies.

Front 6

AUTOMOBILE EXCEPTION

Back 6

If the police have P/C to believe a vehicle contains contraband or fruits of a crime they may search the vehicle without a warrant.

The warrantless search must be contemporaneous with the arrest of the person or stop of the automobile.

Hint 6

CONTRABAND
FRUITS
CONTEMPORANEOUS
ARREST

Front 7

TERRY STOP

Back 7

Under the Terry doctrine, a police officer may stop a person without P/C for arrest if he has a reasonable, articulable suspicion of criminal activity, including traffic violations.

Hint 7

REASONABLE
ARTICULABLE
CRIMINAL ACTIVITY
AFOOT

Front 8

REASONABLENESS

Back 8

is based on the “reasonable police officer” under the circumstances.

Front 9

ARTICULABLE

Back 9

something the police can specifically point to, not a mere gut instinct that something is wrong.

Front 10

VEHICLE SEARCH

Back 10

A warrantless search of the passenger compartment is permissible, provided that the officer reasonably believes the occupant is dangerous, and the search is limited to those places where a weapon may be placed or hidden.

Hint 10

DANGER
LIMIITED
WEAPONS
HIDDEN

Front 11

CONSENT

Back 11

A warrantless search is valid if the police have a voluntary and intelligent consent.

Any person with an apparent right to use the property may consent to a search.

Any evidence found may be used against the owner.

Hint 11

VOLUNTARY
INTELLIGENT
APPARENT AUTHORITY
AGAINST OWNER

Front 12

EXIGENT CIRCUMSTANCES

Back 12

if circumstances made it impracticable or unreasonable to obtain a warrant the search may be valid if the officer has P/C.

The exigency justifies the warrantless intrusion and defines the permissible scope.

Front 13

HOW LONG DOES AN EXIGENT CIRCUMSTANCE LAST?

Back 13

Once seized an item loses its exigent circumstances.

Front 14

SEARCH INCIDENT

Back 14

Following a valid arrest, police may search suspect and the area within the suspect’s wingspan under “search incident” to arrest doctrine. This includes the passenger compartment but not the trunk.

Hint 14

ARREST
WINGSPAN
PASSENGER COMPARTMENT
NO TRUNK

Front 15

ARREST

Back 15

an arrest occurs when a person is taken into custody for prosecution or interrogation. A warrantless arrest must be supported by P/C.

Front 16

PROBABLE CAUSE TO ARREST

Back 16

exists when police possess sufficient facts under the circumstances that justify a reasonable belief that an offense has been committed and the person to be arrested committed it.

The information must be reasonable trustworthy.

Front 17

VALID WARRANT

Back 17

A warrant is valid if the warrant was based on probable cause, precise on its face, and issued by a neutral and detached magistrate.

Front 18

SCOPE OF WARRANT

Back 18

the warrant must be executed without unreasonable delay and the thing seized must be within the scope of the warrant.

Front 19

GOOD FAITH

Back 19

even if a warrant is defective it is still valid if the police relied on it in good faith.

For reliance to be in good faith

i) the underlying affidavit must have contained sufficient probable cause,

ii) the warrant must not have been facially defective,

iii) the police must not have lied or misled the magistrate, or

iv) the magistrate must not have wholly abandoned his judicial role.

Front 20

FRUIT OF THE POISONOUS TREE

Back 20

evidence discovered due to information found through unconstitutional means may not be introduced.

Front 21

PLAIN VIEW

Back 21

a search and seizure may be made without obtaining a search warrant if it can be seen without entry or search.

Front 22

KNOCK-AND-ANNOUNCE

Back 22

By statute in Arizona, an officer initiating a warrant must knock and announce his presence before entering.

The Supreme Court recently stated that the evidence seized in violation would not be tossed out.

Front 23

FIFTH AMENDMENT

Back 23

protects people against government compelled self-incrimination.

Front 24

MIRANDA

Back 24

a suspect is entitled to be notified of his right to be free from compelled self-incrimination and his right to counsel when he is subjected to custodial interrogation.

Front 25

CUSTODY

Back 25

occurs when there has been a deprivation of a person’s freedom of action of the degree associated with a formal arrest.

Front 26

INTERROGATION

Back 26

Interrogation is any words or actions on the part of police that the police know or should know are reasonably likely to elicit an incriminating response.

Front 27

DOUBLE JEOPARDY

Back 27

The 5th Amendment gives a criminal defendant the right to be free of double jeopardy so he cannot be tried more than once for the same crime.

Jeopardy attaches at a jury trial when the jury is empanelled and sworn.

Front 28

DOUBLE JEOPARDY EXCEPTION

Back 28

Retrial is permitted if there was manifest necessity to abort the original trial or if the trial was terminated by the act of the defendant on any grounds not constituting an acquittal on the merits.

Front 29

SIXTH AMENDMENT

Back 29

guarantees a criminal defendant the right to counsel at all critical stages of the proceedings. The right to counsel attaches once the defendant is formally charged. After the right attaches, the police may not question the defendant without the presence of counsel unless the defendant waives his right.

Front 30

SELF-REPRESENTATION

Back 30

The defendant also has an absolute right to represent himself at trial, as long as his waiver of right to counsel is knowing and intelligent and the judge finds him competent

Front 31

OFFENSE SPECIFIC

Back 31

even if the defendant’s rights have been attached regarding the charge for which he is being held, he may be questioned regarding unrelated, uncharged offenses.

Front 32

VOLUNTARINESS

Back 32

A statement is admissible only if it is freely and voluntarily made.

A statement is not voluntary if it is made under duress, fear, or compulsion.

Look at the totality of the circumstances.

Front 33

EXCLUSIONARY RULE

Back 33

evidence obtained in violation of a defendant’s 4th, 5th, and 6th Amendment rights, will be suppressed.

Front 34

RIGHT TO WAIVE JURY TRIAL

Back 34

A defendant does not have a constitutional right to waive a jury trial and have a bench trial instead.

In Arizona, if the defendant is charged with an offense for which he is entitled to a jury trial, he must have a jury trial unless: 1) he waives the right in writing, 2) the government consents, and 3) the court approves the waiver