Term
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Definition
| Unconstitutionally obtained evidence is inadmissible at trial, and all fruit of the poisonous tree evidence obtained from exploitation of the unconstituonal evidence must also be excluded. |
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Term
| Exclusionary rule: exceptions |
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Definition
Fruits derived from statements obtained in violation of Miranda
Evidence obtained from an independent source
intervening act of free will
inevitable discovery
violation of knock and announce. |
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Term
| Exclusionary rule: limits |
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Definition
Inapplicable to grand juries, civil proceedings, violations of state proceudre
Good faith reliance on law, defective search warrant or clerical error
Use of excluded evidence for impeachment |
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Term
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Definition
| If illegal evidence is admitted, a resulting conviction should be overtuned on appeal unless the government can show beyond a reasonable doubt that the error was harmless. |
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Term
| Enforcing exclusionary rule |
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Definition
| Government bears the burden of establishing the admissibility by a preponderance of the evidence. |
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Term
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Definition
| Porvides that people should be free from unreasonable searches and seizures. |
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Term
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Definition
| A reasonable person would feel that he was not free to decline the officer's requests or otherwise terminate the encounter. |
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Term
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Definition
| An arrest occurs when the police take a person in custody against her will for purposes of criminal prosecution or interrogation. |
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Term
| Probable cause requirement |
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Definition
An arrest must be based on probable cause.
PC: trustworthy facts or knowledge sufficient for a reasonable person to believe that the suspect has committed or is committing a crime. |
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Term
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Definition
| If the police have a reasonable suspecion of criminal activity or involvement in a completed crime, supported by articulable facts, they may detain a person for investigative purposes. |
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Term
| Investigatory detentions: frisk |
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Definition
| If the police have a reasonable suspicion that the detainee is armed and dangerous, they may frisk the detainee for weapons. |
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Term
| Investigatory detentions: duration and scope |
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Definition
| Police must act in a diligent and reasonable manner in confirming or dispelling their suspicions. |
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Term
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Definition
Default: reasonable supsicion
Exception: roadblocks based on neutral, articuable standard designed to serve purposes closely related to particular problem. |
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Term
| Automobile stop: standard |
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Definition
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Term
| Automobile stop: occupants |
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Definition
police may order occupants out
reasonable belief: can search passenger compartment for weapons or frisk occupants |
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Term
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Definition
| If the police have PC to believe a driver violated a traffic law, they may stop the car, even if their ulterior motive is to investigate a crime for which they lack sufficient cause to make a stop. |
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Term
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Definition
| Police must have probable cause for arrest to bring a suspect to the station for questioning or fingerprinting against the person's will. |
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Term
| Evidentiary search and seizure: inquiry |
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Definition
| 1. Does defendant have a fourth amendment right: legitimate expectation of privacy? 2. Did government have a valid warrant? 3. Valid warrantless search and siezure? |
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Term
| Legitimate expectation of privacy: standing |
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Definition
A person must have his own legitimate expectation of privacy with respect to the place searched or the item siezed.
1. Owned or had a right to possession?
2. Home?
3. Overnight guest? |
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Term
| Searches conducted pursuant to warrant |
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Definition
| Generally, police must have a warrant to conduct a search unless it falls within one of the six exceptions to warrant requirement. |
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Term
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Definition
| A warrant will be issued only if there is PC to believe that seizable evidence will be found on the person or premises at time warrant is executed. |
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Term
| Warrant: use of informers |
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Definition
Totality of circumstances test
Affidavit may be sufficient even though the reliability and credibility of the informer of his basis for knowledge not established. |
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Term
| Going behind face of affidavit |
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Definition
Invalid if:
1. false statement was included in affidavit.
2. affiant intentionally or recklessly included statement
3. false statement was material to PC |
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Term
| Police may reasonably rely on validity of warrant |
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Definition
| Good faith exception to warrant requirement |
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Term
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Definition
| Place to be searched and items to be seized. |
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Term
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Definition
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Term
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Definition
Must be executed by police without undue delay.
Police must knock, announce their purpose, and wait a reasonable time for admittance.
Scope of search is lmited to what is reasonably necessary to find items in warrant. |
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Term
| Search of persons found on premises |
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Definition
| A search warrant does not authorize the police to search persons found on the premises who were not named in the warrant. |
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Term
| Search incident to constitutional arrest |
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Definition
Incident to constitutional arrest, the police may search the person and areas into which he might reach to obtain weapons or destroy evidence.
Search must be contemporaneous with arrest. |
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Term
| Search incident to arrest: automobiles |
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Definition
a. Arrestee is unsecured and still may gain access to to the interior
b. police reasonably believe that evidence of the offense of which person was arrested may be found in vehicle. |
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Term
| search incident to incarceration or impoundment |
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Definition
Police may make an inventory search of arrestee's belonging pursuant to established department procedure.
Similarly, police may make an inventory search of an impounded vehicle. |
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Term
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Definition
| If police have PC to believe that a vehicle contains fruits, instrumentalieis or evidence of a crime, they may search the whole vehicle and any container that might reasonably contain the item for which they have PC to search. |
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Term
| Automobile exception: container |
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Definition
| PC re container in vehicle, may search only the container not other parts of the vehicle. |
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Term
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Definition
1. Are legitimately on premises
2. Discvoer evidence, fruits, or instrumentalities of crime or contraband, see such evidence in plain view and have probable cause |
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Term
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Definition
Must be voluntary.
Knowledge of the right to withold consent is not a prerequisite to establishing voluntary consent. |
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Term
| Consent: homeowner parent |
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Definition
| A homeowner parent can certainly consent to search the home's kitchen, and probably to search of her son's room unless the facts strongly indicate that the parent does not have right to room. |
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Term
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Definition
Stop: articuable and reasonable suspcion of criminal activity
reasonable belief armed and dangerous = frisk
during frisk, plain feel of weapon or contraband is admissible |
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Term
| Hot pursuit, evanescent evidence, and emergency aid exceptions |
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Definition
| Police in hot pursuit of a fleeing felony may make a warrantless search and seizure and may even pursue the suspect into a private dwelling. |
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Term
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Definition
only on resonable grounds
i. offers a moderate chance of finding evidence of wrongdoing
ii. the measures adopted to carry out the search are reasonably related to the objectives of search
iii. the search is not excessively intrusive in light of the age and sex of the student and nature of infraction |
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Term
| Searches in foregin countries |
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Definition
4th Amendment does not apply to searches and seizures by US officials in foreign countries and involving an alien
No warrant necessary for border searches
Extends to opening international mail |
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Term
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Definition
| A valid warrant authorizing a wiretap may be used if i. there is PC ii. suspected persons involved in conversations are named iii. warrant describes with particularitiy conversations overheard iv. wiretap is limited to short period of time v. wiretap is terminated when the desired info is obtained vi. return is made to the court |
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Term
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Definition
| A speaker assumes the risk that the person to whom he is talking is an informer wire for sound or taping the conversation. |
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Term
| Fourteenth Amendment: voluntariness |
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Definition
For a self-incriminating statment to be admissible under the DPC, it must be voluntary, as determined by the totality of the circumstances.
A statement will be involuntary only if there is some offical compulsion.
Harmless error test applies |
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Term
| Sixth Amendment right to counsel |
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Definition
Sixth Amendment guarantees the right to the assistance of counsel in all criminal proceedings, which include all critical stages of prosecution after judicial proceedings have begun.
A defendant who is arrested but not charged has a 6th amendment right to counsel but not 5th amendment |
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Term
| Sixth amendment right to counsel: when applicable |
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Definition
| i. post-indictment interrogation, whether or not custodial ii. preliminary hearings to determine PC iii. arraignment iv. post-charge lineups v. guilty plea and sentencing vi. felony trials vii. misdemeanor trials when imprisonment is actually imposed or when a suspended jail sentence is imposed viii. overnight recess during trial ix. appeals as matter of right x. appeals of guilty pleas |
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Term
| sixth amendment right to counsel: not applicable |
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Definition
| 1. blood sample 2. handwriting and voice exemplars 3. precharge or investigative lineups 4. photo identifications 5. preliminary hearings re: PC 6. brief recesses during trial 7. discretionary appeas 8. parole and probation revocation 9. post-conviction proceedings. |
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Term
| sixth amendment: offense specific |
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Definition
D may be questioned regarding unrealated, uncharged offenses without vilating the Sixth Amendment right to counsel.
May violate 5th Amendment. |
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Term
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Definition
| Waiver must be knowing, voluntary, and intelligent. |
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Term
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Definition
Non-trial: harmless error rule
Trial: if entitled to lawyer, error is never harmless. |
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Term
| 5th amendment: privilege against compelled self incrimination |
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Definition
Privilege against self-incrimination, a person in custody must, prior to interrogation, be informed of:
- right to remian silent
- anything says can be used in court
- he has right to attorney
- if he cannot affort one, one will be appointed |
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Term
| Miranda rights: when required |
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Definition
| Anyone in the custody of the government and accused of a crime must be given Miranda warnings prior to interrogation by police. |
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Term
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Definition
Depends on whether peron's freedom of action is limited in a significant way based on the objective circumstances.
Arrest = yes Traffic stop = no. |
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Term
| Interrogation requirement |
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Definition
| any words or police conduct that they should know would likely elicit a response from detainee. |
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Term
| Right to waive rights or terminate interrogation |
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Definition
| After receiving miranda warnings, a detainee has several options: do nothin, waive his Miranda rights, assert the right to remain silent, or assert the right to consult with an attorney |
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Term
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Definition
To be valid, government must show by a preponderance of evidence that the waiver was knowing and voluntary.
Totality of circumstances |
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Term
| Invocation of right to remain silent |
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Definition
To be effective, the detainee's indication must be explicit, unambiguous, and unequivocal.
Supreme court has allowed questioning on later crime. (!) |
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Term
| Invocation of right to counsel |
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Definition
Unambiguously indicates that he wishes to speak to counsel, all questioning must cease until counsel has been provided unless the detainee:
i. then waives his right to counsel ii. is released from the custodial interrogation and 14 days have passed since release. |
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Term
| Nontestimonial fruits of an unwarned confession |
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Definition
If the police fail to give Miranda warnings and during interrogation a detainee gives the police information that leads to nontestimonial evidence, the evidence will be suppressed if the failure was purposeful.
If not purposeful, the evidence probably will not be suppressed. |
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Term
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Definition
| The Supreme Court has allowed interrogation without Miranda warnings where it was reasonably prompted by a concern for public safety. |
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Term
| Pretrial identification: sixth amendment right to counsel |
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Definition
A supsect has a right to the presence of an attorney at any post-charge lineup or showup.
An accused does not have a right to counsel at photo ids or when police take physical evidence, such as handwriting exemplars or fingerprints from him. |
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Term
| Pretrial identifaction: dpc |
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Definition
| A defendant can attack an identification as denying due process if the identification is unnecessarily suggestive and there is a substantial likelihood of misidentificaiton. |
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Term
| Violation of sixth amendment right to counsel re: pretrial identification |
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Definition
Exclusion
Exception:
1. Independent source. (example: I saw him when he committed crime) |
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