Criminal Procedure Rule Statements

Front 1

Fourth Amendment - Search & Seizure

Back 1

The Fourth Amendment protects the rights of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures.

Front 2

Fourth Amendment Requirements for Search or Seizure

Back 2

For the Fourth Amendment to be applicable, there must be 1) government action and 2) this action must constitute a search or seizure.

Front 3

State Actor - 4th Amendment

Back 3

The 4th Amendment is applicable to the states through the 14th Amendment.

Front 4

Seizure

Back 4

A seizure occurs when the government takes control of a person or thing.

Front 5

Seizure Test

Back 5

The test to determine whether there is a seizure is whether, under the totality of the circumstances, a reasonable person would believe he was not free to leave or decline an officer’s request to end an encounter.

Front 6

Types of Seizures

Back 6

A traffic stop...
A Terry stop...
To be in Police custody...
An arrest..
...is a 4th Amendment seizure.

Front 7

Probable Cause

Back 7

Probable cause is determined under the totality of the circumstances using an objective standard as to whether or not a reasonable officer (could have made the stop).

(Fair probability that criminal activity has occurred or is occurring.)

Front 8

Reasonable Suspicion

Back 8

Reasonable suspicion is also determined under the totality of the circumstances using an objective standard.

(A specific and articulable belief that criminal activity is afoot.)

Front 9

Standard Required for Car Stop

Back 9

To stop a vehicle, the police must have either probable cause (fair probability that criminal activity has occurred or is occurring) or reasonable suspicion (a specific and articulable belief that criminal activity is afoot).

Front 10

Traffic Stop - Type & Duration

Back 10

When the police conduct a traffic stop, the stop becomes Terry-like in that it must last no longer than is necessary to effectuate the reason for the stop.

Front 11

Terry Stop Test

Back 11

Police may stop an individual for an investigative detention if there is reasonable suspicion that criminal activity is afoot.

After the stop, police may frisk the individual if there is reasonable suspicion the person is armed and dangerous.

Terry stops are limited in its duration.
Officers can ask for ID as part of Terry stop regardless of statute.

Front 12

During Traffic Stop - Police Permitted Action

Back 12

During the stop, officers are permitted to check identification, registration, and insurance documents.

Front 13

Search - Tests

Back 13

A search occurs when either the Jones or Katz tests are satisfied.

Front 14

Jones Test

Back 14

Under the Jones test, a search has occurred if an encroachment on a person, house, paper, or effect would have been considered a search under the 4th Amendment when it was adopted in 1791. If there was trespass to chattel, then there was a search. If not, then the court will apply the Katz test.

Front 15

Katz Test

Back 15

The Katz test reviews two questions. First, did the person manifest an expectation of privacy (subjective expectation); and second does society recognize that expectation as reasonable. If both of these questions are “yes” then a search has occurred.

Front 16

General Rule for Search

Back 16

The general rule under the 4th Amendment is that a search requires a search warrant supported by probable cause. However, there are exceptions to the warrant requirement .

Front 17

Exceptions for Warrants

Back 17

-Searches incident to lawful arrest
-Searches made in hot pursuit
-Plain view & plain touch
-Automobile searches
-Exigent circumstances
-Administrative searches
-Special needs searches
-Border searches
-Consent searches

Front 18

Consent

Back 18

Without having probable cause or reasonable suspicion, an officer may ask a person who has actual or apparent authority over a place or thing for consent to search that place or thing. To be reasonable under the 4th Amendment, consent must be voluntary.

Front 19

Voluntary Consent Test

Back 19

The court will look at the totality of the circumstances to determine if consent was voluntary. The Prosecution has the burden of showing that there was no coercive police conduct sufficient to overbear the defendant’s will given his vulnerabilities and characteristics.

Front 20

Standard for drug-sniffing dog for traffic stop

Back 20

The court has ruled that police do not need reasonable, articulable suspicion to justify using a drug-sniffing dog during a legitimate traffic stop since use of the dog is not a search.

Front 21

Statements Examined

Back 21

To determine whether or not a statement violates an individual’s constitutional rights, it must be examined under the Due Process clauses of the 14th and 5th Amendments, the 5th Amendment Miranda Doctrine, and the 6th Amendment Massiah doctrine (right to counsel).

Front 22

Standing for Statement

Back 22

A person whose statement is being offered into evidence against him has standing to challenge the constitutionality of that statement.

Front 23

Due Process Clause for Statements

Back 23

The Due Process clauses of the 14th and 5th Amendments prohibit the admissibility of involuntary statements. To determine whether a statement is voluntary, we consider the totality of the circumstances and look to see if there was coercive police behavior (violence, threats of violence, psychological pressures) that was sufficient to overbear the defendant’s will given his particularities and vulnerabilities. The prosecution has the burden to show the statement was voluntary.

Front 24

Miranda Doctrine

Back 24

A statement must conform to the Miranda doctrine of the 5th Amendment. The 5th Amendment states that a person cannot be compelled to incriminate himself.

Front 25

Miranda Doctrine Test

Back 25

For Miranda doctrine to apply, the statement must be obtained during custodial interrogation.

Front 26

Custodial Interrogation

Back 26

A person is in custody when he is arrested or deprived of his freedom of action in any significant way.
A person who has been arrested is in custody.

Front 27

Custody Test

Back 27

Custody is determined on how a “reasonable person” in the suspect's situation would perceive the
circumstance.

Front 28

Custody Factors

Back 28

– Physically free to leave
– Use of force/ Show of guns
– Officer informed Defendant he is free to leave
– Defendant initiated contact
– Atmosphere of questioning
– When placed under arrest
– Experience of suspect

Front 29

Interrogation

Back 29

Interrogation includes both express questioning and any words or actions that the police know are “reasonably likely to elicit an incriminating response from the suspect.”

Front 30

Miranda Rights

Back 30

-Right to remain silent
-Anything said can be used against Defendant
-Right to counsel
-Right to have counsel appointed

Front 31

Wording for Miranda

Back 31

Exact language is not required for valid Miranda warnings. There are no "magic words."

Front 32

Consequences of Miranda Violation

Back 32

1. Cannot use statement in case in chief
2. Can use statement for impeachment (unless involuntary)
3. Fruits of Poisonous Tree?

Front 33

Exceptions for Warrant

Back 33

-Searches incident to lawful arrest
-Searches made in hot pursuit
-Plain view & plain touch
-Automobile searches
-Exigent circumstances
-Administrative searches
-Special needs searches
-Border searches
-Consent searches

Front 34

Search Incident to Arrest - Warrant Exception

Back 34

Lawful Arrest (probable cause)
Limited to Grab Space
Contemporaneous with Arrest
Protective Sweep

Front 35

Hot Pursuit - Warrant Exception

Back 35

Exigency
Probable Cause

Front 36

Plain View Doctrine - Warrant Exception

Back 36

Lawful Intrusion
Item immediately apparent as contraband or evidence

Front 37

Automobile Exception - Warrant Exception

Back 37

Probable cause to search vehicle
Can search entire car including trunk and containers that might hold the object of the search

Front 38

Inventory Search - Warrant Exception

Back 38

Property lawfully possessed by police
No probable cause
Pursuant to policy and procedures

Front 39

Boarders - Warrant Exception

Back 39

Permanent borders and fixed checkpoints
No reasonable suspicion required

International Mail- reasonable suspicion (statute)
Intrusive Body Searches- reasonable cause

Front 40

Checkpoints - Warrant Exception

Back 40

No probable cause; no reasonable suspicion
Neutral and objective plan needed for stopping vehicles
Program cannot be to detect evidence of ordinary criminal wrongdoing

Front 41

Consent - Warrant Exception

Back 41

Voluntary
If Third-Party- proper authority (Actual or apparent)

Front 42

Probation and Parole - Warrant Exception

Back 42

Reasonable suspicions for probation (statute)
Suspicionless search of parolee

Front 43

Special Needs - Warrant Exception

Back 43

Noncriminal purpose
Balance health and safety needs vs. intrusion
Types:
Administrative
Schools
Drug Testing

Front 44

Exigent Circumstances - Warrant Exception

Back 44

Emergency to protect public and police safety
Emergency aid
Prevent destruction of evidence
Probable Cause

Front 45

Stop & Frisk - Warrant Exception

Back 45

Reasonable suspicion that criminal activity is afoot and the person is armed.

Front 46

Prerequisites for Valid Warrant

Back 46

1. Was issued by neutral and detached magistrate;
2. There was probable cause supported by oath or affirmation; and
3. The warrant described with particularity the place to be searched or the item/person to be seized.