Mbe Criminal Procedure

Front 1

Exceptions to Reasonable Expectation of Privacy

Back 1

1. Paint Scapings
2. Account records
3. Airspace
4. Garbage
5. Voice
6. Open Fields
7. Handwriting
8. Odors

Front 2

What are the requirements for a valid warrant?

Back 2

1. Probable cause
Fair probability
2. Particularity
The search must specify the place to be searched and items to be seized.

Front 3

Does an officers good faith save a defective search warrant?

Back 3

An officer’s good faith overcomes constitutional deficits in probable cause and particularity, with 4 Exceptions:
1. The affidavit supporting the warrant is so egregiously defective in probable cause that no reasonable officer could believe it had PB.
2. The warrant or the affidavit is so egregiously in particularity that no reasonable PO would have relied on it
3. The officer or DA lied to or misled or misrepresented the magistrate who issued the warrant.
4. The magistrate who issued the warrant was bias meaning he/she totally abandoned the neutrality.

Front 4

Knock and Announce Rule

Back 4

requires the PO to knock and announce before forcible entering the place to be searched, unless the PO reasonably believes that doing so would be futile or dangerous or would inhibit the investigation.

Front 5

What are the 8 exceptions to the warrant requirement?

Back 5

ESCAPIST
1. Exigent Circumstances
2. Search Incident to Arrest
3. Consent
4. Automobile
5. Plain view
6. Inventory
7. Special Need
8. Terry "Stop and Frisk"

Front 6

Search Incident to Arrest

Back 6

1. Arrest must be lawful
2. Must be contemporaneous
3. Officer safety and need to preserve evidence.
4. Wingspan/grabbing area (body, clothing or any containers or areas within that area)

Front 7

Automobiles Search Incident to Arrest

Back 7

Permissible scope: Passenger cabin including closed container.

Location of suspect: The police can search an automobile after the arrestee has been handcuffed if he/she was a recent occupant even if he is outside of the car at time of the arrest.

Front 8

Automobile Exception

Back 8

Standard: PO need PB to believe that contraband pr evidence of the crime will be found in the vehicle.

The PO can search car and may open containers (luggage, packages) that may reasonably contain the items for which there was PB to search.

In a lawful traffic stop, a PO does not need PB to search the car at the time the car is pulled over.

Front 9

Plain View

Back 9

3 Requirements:
1. Lawful access from which items can be plainly seen
2. Lawful access to item which is seized itself
3. The criminality of the item must be apparent.

Front 10

Inventory Searches

Back 10

Inventory searches are constitutional if the regulations governing them are reasonable in scope and the search itself complies with those regulations.

Ex: Individual at police station; impounded car

Front 11

Terry Frisk and Stop

Back 11

Need Reasonable Suspicion based on totality of the circumstances.
Can:
Stop - Brief detention or seizure for the purpose of investigating suspicious conduct.
Frisk - Pat down for body or outer clothing for weapons

Front 12

Exclusionary Rule

Back 12

a. Evidence whether physical or testimonial that is obtained in violation of a federal statutory or constitutional provision is inadmissible in court against the individual whose rights were violated.

Front 13

The Exclusionary rule does not apply to

Back 13

1. Grand jury proceedings
2. Parole revocation
3. Civil proceedings

Front 14

Core Requirements: When Miranda is necessary?

Back 14

1. Custody - person's freedom is restricted (reasonable person would not think they were free to leave)
2. Interrogation - Any conduct the PO knew or should have know was likely to elicit an incriminating response.

Front 15

Right to Counsel

Back 15

A suspect has a right to the presence of an attorney at any POST CHARGE line-up or show up. An accused does not have a right to counsel at photo line ups, or when a physical evidence such as handwriting, fingerprints are taken.

Front 16

Waiver to Miranda

Back 16

Must be Knowing and Intelligent AND Voluntary

Front 17

Is there right to counsel at pre trial identification?

Back 17

There is no right to counsel for pre trial identification procedures.

Right to counsel exists for line ups and show ups (after formal charging) but NOT photo arrays.

Front 18

Double Jeapordy

Back 18

Under the federal standard 2 offenses are the same if each has an element the other does not.

If a defendant is tried for an offense he cannot be subsequently prosecuted for a lesser criminal offense or vice versa.

Front 19

When does Double Jeapordy attach?

Back 19

When Jury is sworn
When 1st witness is sworn at bench trial
Or at Guilty Plea

Front 20

Exeptions to Double Jeapordy

Back 20

1. Hung Jury
2. Mistrial
3. Retrial after appeal
4. Breach of plea bargain by D

Front 21

Officers reasonable mistake

Back 21

Erroneously obtained evidence by a police officer when executing a search warrant is allowed provided his mistake was reasonable

Front 22

Fruit of Poisonous Tree

Back 22

Fruit of poisonous tree is evidence that derived by exploiting prior unconstitutional conduct and is inadmissible

Front 23

Independent Source Doctrine (Exception to Fruits)

Back 23

If the evidence is initially discovered unlawfully but it is later obtained lawfully in a manner independent of the original discovery Inevitable Discovery Doctrine

Front 24

Inevitable Discovery Doctrine(Exception to Fruits)

Back 24

The PO assert that the evidence would have been discovered lawfully even if the absence of the unconstitutional conduct

Front 25

Attenuation (Exception to Fruits)

Back 25

Even if certain evidence is casually tied to an earlier illegality at some point the fruit from that tree is sufficiently untainted so as to be admissible in a criminal trial