Term
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Definition
| If police gathered evidence from misconduct, but it would have been discovered anyway, the evidence is allowed in |
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Term
| Independent source doctrine |
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Definition
| evidence not excluded from constitutional violations if discovered from an independent, constitutional source |
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Term
| Test for informant validity |
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Definition
1. Credibility
2. Reliability
3. The Totality of the circumstances |
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Term
| Credibility prong of informant test |
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Definition
Is he likely to be telling the truth?
A. Whether the tip is against his interest
B. Whether the informant has given prior, accurate tips
3. Whether the informant has a reputation for truthfulness? |
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Term
| Reliability prong of informant credibility |
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Definition
A. Whether he the informant personally observed or participated
B. Whether the tip was so detailed that informant must have first hand knowledge
C. Whether the nature of the info in the tip could indicate it could have only come from personal knowledge |
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Term
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Definition
1. Supported by probable cause
2. Supported by Affidavit
3. Describe with particularity the places to be searched and things to be seized
4. Issued by a neutral and detached magistrate |
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Term
| Good Faith Exception does not apply when |
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Definition
1. Judge not neutral and detrached
2. Warrant so lacking in PC
3. Affiant upplies false info or acts in reckless disregard for the truth,
4. Warrant is facially deficient as to particularity requirement |
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Term
| Mistake in executing a warrant (Good Faith?) |
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Definition
| An objectively reasonable mistake in a warrant does not invalidate it |
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Term
| Exceptions to the warrant requirement |
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Definition
1. Search incident to arrest
2. Protective sweeps
3. Exigent circumstances
4. Automobile Exception
5. Special needs
6. Consent. |
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Term
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Definition
| When the police make an arrest in a home, if they have a reasonable belief that they are in danger (that there may be "confederates lurking"), then police may look anywhere a person could be hiding who wishes to do them harm. |
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Term
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Definition
1. Must have a reasonable expectation of privacy in the place searched or the items seized
2. A person aggrieved by an illegal search/seizure must establish
1)Standing
2) Search was by a government actor |
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Term
| Reasonable suspicion (*Informant tip) |
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Definition
Look to the totality of the circumstances to see if he has a particularized and objective basis for suspecting wrong doing.
*A predictive informant tip gives reasonable suspicion enough for a stop |
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Term
| Requirements for a vehicle risk, and scope |
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Definition
1. Reasonable suspicion to stop the car
2. Reasonable belief that the suspect is armed and dangerous.
Scope: Only where occupants have access |
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Term
| Automobile Exception to the warrant requirement |
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Definition
If probable cause exists, police can search any area where they believe evidence of criminal activity would be found
*The same particularity applies that would be for a warrant |
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Term
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Definition
| The search of a passenger compartment of an automobile is limited to those areas where a weapon may be placed or hidden. |
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Term
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Definition
| It must be immediately apparent that the item is contraband during a frisk. |
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Term
| Gant rule of Search Incident to Arrest |
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Definition
| The arrestee must have access to the area at the time of the search, or there must be a reasonable belief that evidence of the crime of arrest will be found in the vehicle |
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Term
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Definition
| When a government actor significantly interferes with a person's freedom of movement, and a reasonable person wouldn't feel free to leave or otherwise terminate the encounter |
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Term
| 5th Amendment Due Process Clause (Eyewitness ID, Out of Court) |
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Definition
Under the totality of the circumstances,
1. Unnecessarily
2. Suggestive
3. To give a substantial likelihood
of misidentification |
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Term
| When does the 6th Amendment Right To Counsel Attach? |
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Definition
| After the first adversarial proceeding |
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Term
| Coercion and the 5th amendment due process clause |
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Definition
DPC protects against involuntary statements (Statements that were coerced); involuntary statements are excluded from trial.
1. Did police subject defendant to coercion
2. WAs the coercion sufficient to overcome the suspects will |
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Term
| 5th Amendment Self incrimination clause requires |
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Definition
1. Custody
2. Interrogation
3. Advice of rights
4. Knowing, voluntary, intelligent waiver |
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Term
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Definition
| A significant restraint of the freedom of movement. Objective ("Would a reasonable person believe there was a significant restraint on a freedom of movement" |
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Term
| 6th Amendment Right to Counsel |
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Definition
1. RTC attaches after formal proceedings have been filed against defendant
2. Applies only to critical stages
3. Waiver must be knowing voluntary and intelligent
4. Statements given in violation 6th may not be used in case in chief, but can be used to impeach the defendant |
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Term
| 5th Amendment Due Process Clause (Eyewitness ID InC) **** |
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Definition
Not available if
1. Unnecessary
2. Suggestive
3. substantial likelihood of irreparable mis-id |
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Term
| 6th Amendment Right to Counsel (Line-up) |
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Definition
| A line-up is a critical stage according to U.S. v. Wade because the evidence gathered is difficult to rebut at trial, and there's grave potential for injustice. |
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Term
| Factors that determine if a 6th amendment ID can be used in court |
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Definition
1. The prior opportunity to observe the act
2. The existence of any discrepancy between any pre-line up description and the defendant's actual description
3. Any identification prior to line up
4. Any ID by picture of the defendant of prior to the line up
5. Failure to ID defendant on any prior occasion
6. The lapse of time between the alleged act and the line up ID |
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