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Definition
| Prevents introduction at a subsequent criminal trial of evidence unlawfully seized. |
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| publicly paid police, private person directed by police or deputized private police. |
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| Reasonable expectation of privacy |
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Definition
| as to place searched or item seized |
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| Occurs when police by use of physical force or show of authority terminate or restrain freedom of movement and Defendant actually submits. |
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| Test for ambiguous seizure: |
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Definition
| Totality of circumstances would lead reasonable person to believe not free to leave. |
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| temporary detention that constitutes seizure if officer by physical force/ show of authority, has in some way restrained liberty of citizen. |
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Definition
| Must be issued by detached/neutral magistrate upon finding of probable cause, and describe with particularity the Defendant and crime; |
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| deficient arrest warrant: |
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Definition
| Does not invalidate arrest as long as there was probable cause. (no warrant necessary for proper arrest based on probable cause. |
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| Issued by detached/neutral magistrate upon finding of probable cause, supported by oath or affidavit, and must describe with particularity places to be searched and items to be seized (reasonable belief that contraband will be found. |
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| Facts supporting probable cause for warrant: |
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Definition
Officer's personal observations,
Information from reliable, known informant or verified unknown informant.
Evidence seized during stop and based on reasonable suspicion, discovered in plain view, or during consensual search. |
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| "particularity" for warrant purposes: |
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Definition
Must specify place to be searched and objects to be seized
can also refer to contraband as "other fruits, instrumentalities, or evidence of crime at this time unknown" and still be valid. |
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Definition
Failure to announce presence/purpose will invalidate arrest (unless state allows exception for exigent circumstances)
violation does not trigger exclusionary rule if search authorized by valid warrant. |
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Definition
| Arrest warrant not needed in public place or for felony/misdemeanor amounting to breach of the peace in arresting party's presence, but unlawful arrest alone not a defense to crime charged (but will affect any seizure of evidence. |
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| Thermal imaging of a home: |
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Definition
| violates reasonable expectation of privacy. |
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| REP for invasive searches, but not sniffs. |
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| Reasonable suspicion of law violation required for stop, and Probable Cause required for pre-textual stops when traffic law violated to investigate further illegal acts. |
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| No expectation of privacy |
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Definition
| no expectation of privacy |
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Term
| Exceptions to search warrant requirement: |
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Definition
Search incident to lawful arrest.
Exigent circumstances
Stop and Frisk
Automobile Exception
Plain view
Consent |
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Term
| Search incident to lawful arrest: |
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Definition
Must be reasonable in scope and incident to lawful arrest. May search....
wingspan: contemporaneous search of person/immediate surrounding area including pockets/containers.
home: closets and other spaces adjoining place of arrest where attack likely.
vehicle: arrestee w/in reaching distance of glove compartment (weapons/evidence) during search or reasonable that evidence might be in vehicle. |
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Term
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Definition
Subject to totality of circumstances test: must have probable cause and exigent circumstances.
Hot pursuit: can seize "mere" evidence (not fruits/instrumentalities of crime) from private building if they have probable cause to believe defendant guilty of felony.
Emergency: reasonable apprehension that delay in getting warrant would result in immediate danger of evidence destruction, police/public safety or fleeing felon. |
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Term
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Definition
Stop: reasonable suspicion based on articulable suspicion that detainees involved in criminal activity, and is a limited/temporary intrusion on D's freedom of movement.
Frisk: Under plain feel exception, if officer feels object whose identity is immediately obvious (i.e., probable cause of contraband) it can be seized.
Passenger compartment: if reasonable belief that suspect is dangerous, may search passenger compartment to get control of weapons. Search limited to hiding spots.
Limitations: least intrusive means reasonably available to frisk for weapons only, but if suspicion becomes prob cause, then officer can make arrest and full search. |
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Term
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Definition
| Can search any party of a car (compartments, containers, trunk, etc.) if probable cause that it contains contraband/evidence of crime. |
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Term
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Definition
Public: no reasonable expectation of privacy.
Private: officer on premises lawfully, and criminal nature of item immediately apparent. |
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Term
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Definition
voluntary: no threats of harm, compulsion, or false assertion of lawful authority (totality of circumstances).
3rd party: can consent to own property search, but D's property only if agency relationship to D or D assumes the risk of search when giving right to 3rd party to consent to search. |
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Term
| Warrant authorizing wiretapping must contain: |
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Definition
limited period of time
Probable Cause to believe crime about to be committed
Identify persons and describe particular conversations to be tapped.
When to terminate tapping.
Reveal intercepted conversation to court. |
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Term
| Standing to object to search and seizure: |
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Definition
| Legitimate expectation of privacy with regard to the search. |
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Term
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Definition
| Fruit of the poisonous tree: Applies not only to evidence initially seized as a result of government illegality but also to secondary derivative evidence resulting from primary taint. |
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Term
| exceptions to the exclusionary rule: |
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Definition
Inevitable discovery through lawful means.
Independent source unrelated to tainted evidence.
Attenuation--passage of time and/or intervening events may purge primary taint.
Good faith (relying on facially valid warrant that is ultimately invalid; must be reasonable)
Isolated Police Negligence--must be sufficiently deliberate that exclusion can meaningfully deter it.
Harmless Error: court can refuse to order new trial if error harmless beyond reasonable doubt. |
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Term
| Fifth Amendment right against self-incrimination: |
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Definition
Rule: no person shall be compelled in criminal case to testify against himself.
Applies to testimonial evidence only--not physical evidence.
Proceedings: civil/criminal, formal/informal, if answers provide reasonable possibility of incriminating D in future criminal proceeding.
Waiving Privilege: D takes stand and answers prosecutions questions, or discloses self-incriminating information in response to a question. |
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Term
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Definition
| Any incriminating statement obtained as result of custodial interrogation may not be used against suspect as subsequent trial unless police inform subject of miranda rights. |
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Term
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Definition
| substantial seizure where D reasonably believes he is not free to leave or is otherwise deprived of his freedom in significant way. |
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Term
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Definition
Questioning and also words/actions likely to elicit incriminating response.
voluntary statements are not protected.
confessions involuntary only if coerced by police. |
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Term
| Compliance with the 5th amendment: |
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Definition
Content/Timing: warning must be given before interrogation begins. Need not be verbatim. Must inform of right to remain silent, right to an attorney, and that any statement can be used.
right to counsel--D must make specific, unambiguous statement asserting his desire to have counsel present. Once invoked, interrogation must stop unless D initiates.
Right to silence--interrogator must scrupulously honor right, but if D indicates desire to speak, subsequent question permissible if D not coerced and rights given again. |
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Term
| Exceptions to the 5th amendment: |
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Definition
Public safety.
Routine booking questions.
Undercover police.
Waiver. |
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Term
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Definition
Giving miranda warning removes taint of prior miranda violation.
Second confession inadmissible if circumstances make it clear police approach was intentional attempt to circumvent miranda. |
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Term
| D's fifth amendment rights at trial: |
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Definition
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| Sixth amendment includes: |
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Definition
Right to public trial.
Right to confront witnesses.
Right to cross-examine witnesses.
Right to be present at own trial
Right to counsel for his defense. |
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Term
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Definition
Types of proceedings: any case in which actual/suspended incarceration is imposed.
Applicability: automatically applies to all critical stages of prosecution after formal proceedings begin, and right automatically attaches when state initiates prosecution with indictment/formal charge, and ends at sentencing stage.
Waiver: D has right to refuse counsel and proceed pro se unless request is untimely or D unable/unwilling to follow rules of procedure. |
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Term
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Definition
| Two different crimes in one criminal transaction deemed to be same offense unless one offense requires proof of an additional element. |
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Term
| Presence of counsel only applies to... |
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Definition
| interrogations about offense charged; D may waive right. |
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Term
| Ineffective assistance of counsel: |
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Definition
reasonable competence presumed.
To prove ineffective, must show:
Counsel's representation fell below objetive standard of reasonableness; and
Counsel's deficient performance prejudiced D, resulting in unfair/unreliable outcome.
Mere inexperience, strategy, or failure to produce mitigating evidence is NOT sufficient. |
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Term
| Post-indictment lineups... |
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Definition
6th amendment guarantees right to have counsel present.
Inadmissible if violated, but witness can ID the defendant at trial if ID has independent reliability. |
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Term
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Definition
1. Must be held within 48 hrs of arrest to determine probable cause.
2. 4th amendment guarantees Defendant right to be released if no probable cause.
3. No remedy if detention is unlawful other than exclusion of evidence. |
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Definition
| No constitutional right to bail, but if denied or excessive, must comport with due process clause. |
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Definition
| Defendant must comprehend nature of the proceedings against him and have ability to consult with lawyer with reasonable degree of rational understanding to be competent to stand trial. |
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Definition
| Defendant has no right to present/confront witnesses or introduce evidence, and no dismissal due to procedural defect unless substantial impact on decision to indict. |
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Term
| State's duty to disclose: |
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Definition
1. Affirmative duty to disclose any material evidence favorable to Defendant and relevant to prosecution's case in chief that would negate guilt or diminish culpability/punishment.
2. Failure is grounds for reversal. |
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Term
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Definition
Federal: 6th amendment.
State: 14th amendment, only guaranteed for serious criminal offenses.
length: right attaches for serious offenses (more than 6 months imprisonment) regardless of actual penalty imposed.
Waiver: Defendant can waive right and opt for trial by judge by obtaining court's approval, and freely/intelligently entering a voluntary waiver. |
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Term
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Definition
FRCP requires 12 members unless waived in writing; 11 acceptable if 12th excused for good cause.
"Cross section": Jury pool must be a cross-section, but actual jury needn't be. |
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Term
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Definition
1. Must be intelligent, voluntary, and in presence of judge.
2. judge must advise D and determine that plea not due to force or promises other than in plea agreement.
3. D can attack plea for ineffective assistance of counsel or lack of Jurisdiction.
4. Judge can reject plea. |
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Term
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Definition
1. Due process clause: protects pre-accusation delay and SoL is primary safeguard.
2. 6th amendment: protects post-accusation delay and time period starts at time of arrest/formal charge.
3. Balancing test: length and reason for delay, D's assertion of right and prejudice to D. |
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Term
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Definition
Impartial Judge: no actual/apparent bias permitted.
Prosecutor: Cannot misstate law/fact, talk to D without counsel present, express opinions about D's guilt/innocence, make improper remarks to public or jury about D, or comment on D's failure to testify. |
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Definition
1. Accused has right to cross examine adverse witnesses and be present at any stage of trial.
2. face to face: not absolute right and may be prevented for public policy reasons.
3. Admission of confession: by non-testifying co-defendant at joint trial against D violates 6th amendment. |
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Term
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Definition
1. permissive presumption: regarding element of offense not violation unless it is irrational.
2. Mandatory presumption=violation.
3. Reasonable Doubt: prosecution must prove all elements beyond a reasonable doubt. |
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Term
| 8th amendment protection from cruel and unusual punishment: |
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Definition
1. Non-death penalty: prisoner must show prison officials had actual knowledge of substantial risk to prisoners or serious injury, or sentence grossly disproportionate to crime.
2. Capital punishment: can only be imposed under statute that provides clear/objective standards, specific/detailed guidance and opportunity for rational review of process. |
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Definition
5th amendment: protects against 2nd prosecution for same offense after acquittal/conviction and against multiple punishments for same offense.
1. same offense: Blockburger test. Successive prosecutions for greater/lesser included offenses are barred.
2. Attachment: when jury is impaneled/sworn in or when first witness is sworn in for bench trial.
3. different jurisdictions: D can be charged/convicted in federal and state court.
4. Civil actions: not precluded by criminal punishment for same conduct.
5. Guilty plea: not automatically waived.
6. Collateral Estoppel: applies when earlier decision must have necessarily determined issue on which collateral estoppel is sought by D. |
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Definition
| D can attack conviction after unsuccessful appeal under writ of habeas corpus (civil action so standard is preponderance of the evidence). |
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Definition
1. Includes right to counsel, confrontation, and cross-examination.
2. Any fact (other than prior conviction) that can be used to increase statutorily prescribed maximum must be charged in indictment, submitted to jury, and established beyond a reasonable doubt. |
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