Studydroid is shutting down on January 1st, 2019

Bookmark and Share

Front Back
Exclusionary Rule
V of
1)illegal search
2)coerced confession
can have it excluded from a subsequent criminal proceeding
Exceptions to Exclusionary Rule
1)DNA to grand jury proceedings
2)DNA in civil proceedings
3)act must violate const. or federal statute
4)DNA in parole revocation
5)illegally seized evidence may used to impeach Ds trial testimony

6)not available for violations of knock and announce rule
knock and announce exception
\\\"If officer reas. believed it would be futile
fruit of the poisonous tree
excludes all evidence obatined or derived from police illegality
exceptions to poisonous tree
1)independent source
2)ineveitable discovery
3)intervening acts of D freewill
4th amendment - warrant requirement
Warrant generally not required for arrest if in public place

needed if:
individual in his own home

need probable cause to compel detention @station for fingerprinting or ID
Search and Seizure
1)must have govt action
2)must have reasonable expectation in place to be searched/seized

3)Police must have valid warrant
4)Unless good faith exceptions
5)or other exception to warrant requirement
govt action
publicly paid on or off duty PO

private individual acting at police direction

private police generally not public officers UNLESS deputized with the power to arrest
reasonable expectation of privacy - standing
1)own premises searched --always standing

2)live in premises searched

3)overnight guests legit present may object to search where staying

4)own property seized & have reas expectation of privacy there
no standing to object to search
\\\"1)passengers in car who don\\\'t claim ownership of property seized

2)no standings in things held out to pulic -- e.g. voice
valid warrant
1)probable cause
probable cause
fair probability that contraband or evid. Found in place to be searched

-police can rely on hearsay
-can be based partially on annon tip
must state:
place to be searhced
things to be searched
good faith exception
good faith reliance on warrant overcomes defects UNLESS:
1)affidavit underling is so lacking in PC that unreasonable to rely -- affidavit should state why believed or source

2)aff lacking in particularity that was unreasonable to rely on

3)PO or prosecutor lied to or misled issuing magistrate in order to obtain the warrant

4)issuing magistrate baised -- unneutral
exceptions to warrant req. (6)
1)search incident to lawful arrest

2)auto exception
3)plain view
5)stop and frisk
hot pursuit and evanescent evidence
search incident to lawful arrest
must be contemporaneous in time and place

limited to person and places where he can reach(weapon) or destroy evidence

in car= entire interior compartment:
while arrestee is unsecure and still making access to interior
reason belief evidence for offense arrested is in the car
automobile exception
\\\"if enough PC to get warrant
PRIOR to searching anyone or thing

may search the enire care AND trunk
any container that could reas house item looking for

pc can arise after car stopped
plain view
so long as officer legit. In place of seizure permissible

if two or more people have equal property right
either can consent

BUT if one does not then no consent
stop and frisk
stop - detention for purpose of investigating suspicious conduct
must have reasonable suspicion -- less than PC

Frisk: check for weapons justified by concern for officers safety

**may seize contraband even if not a weapon
hot pursuit
fleeing felon -- rule of thumb police must not be more than 15 min behind

**can enter anyones home and any evidence in plain view found there is admissible
evanescent evidence
evidence that might dissappear in time to get warrant
e.g. - fingernail scrapings
wiretapping and eavesdropping
\\\"all req is warrant

exception for \\\"\\\"unreliable ear\\\"\\\" -- person who consents to govt monitoring\\\"
Confessions and Miranda
5th amendment
Miranda triggers
custodial interrogations

custodial :
not free to leave
probation interviews and traffic stops not custody

interrogations :
any conduct where plice knew or should have known that they might elicit an incriminating response
*not required for spontaneous statments
Waiver of miranda
must be knowing
5th amendment right to counsel
once D terminates interrogation and asserts right police cant reinitiate interrogation until attorney is present
6th amend right to counsel
Offense specific

only about case where attorney working for you

**right to counsel at all critical stages of prosecution
Pretrial ID
Can be attacked for:
denial of right to counsel -- if line up or face to face
no right if showing photos

2)denial of D/P
unvessarily suggestive so that unilikely to produce mis ID
remedy: W not permitted to ID in trial
state can rebut with showing of independent source for ID
immediately appealable

preventative detention is constitutional
Grand Jury
exclusionary rule dna

proceedings secret thus:
D has not right to appear or present witnesses
Right to unbaised judge

no financial interest OR actual malice towards D
Right to Jury
any time D tried for offense w/max authorized sentence that EXCEEDS 6 mos. (or sum of sentences)
No. of Jurors
min number is 6

If 6 used verdict must be unanimous

no req that 12 person must be unanimous
10:2 and 9:3 have been accepted
Cross-sectional jury requirement
jury POOL must rep fair cross section of community

**no right to fair crosssection of jury PANEL

may not use pre-emptory challenge b/c of race or gender
ineffective assistance of counsel
violation of 6th amend.

very high std.

deficient performance that but for result would have been different
Guilty Plea
SC will not distburb after sentencing

K theory of plea bargains:
terms revealed in records and both sides are held to specifics of deal

If D pleads guilty judge must address specifically - on the record:

1)nature of charge
2)max authorized penalty and any mandatory min.
3)right to plead not guilty and demand trial
4)on the record
withdrawal of plea after sentencing
1)involuntary plea
2)lack of jurisdiction
3)ineffective counsel
4)failure of P to keep up plea bargain
death penalty
any DP statute that DN give D an opportunity to present mitigating facts and circs. Is unconstitutional

no automatic category of crimes for imposition of death penalty

state may not limit mitigating factors to be presented

only jury may determine aggrevating factors justifying death penalty
Double Jeopardy
retrial for same offense by same sovereign
Jeopardy attaches when:
1)jury sworn
2)first witness takes oath in bench trial
No Double jeopardy when:
1)unable to agree upon verdict - hung jury
2)mistrial for manifest necessity - e.g. illness of D
3)after successful appeal
**breach of plea by D
crimes of same offense
crimes are not same offense if each offense requires proof of an additoinal element
lesser offenses barred by jeopardy

exception for battery w/ delayed death(murder)
5th amend privilege against compelled testimony
can be asserted by anyone in any type of case if response might tend to incriminate

must assert 1st time question is asked or else waiver in subseq criminal proceeding

applies to questioning in civil cases

only protects against compelled testimony - i.e. - not use of body that might incriminate
loss of 5th priv to self incrim
1)grant of immunity - just can\\\'t use testimony can still use evid obtained before

2)no possibility of incrimination -- i.e. SoL has run

3)waiver - crim D takes the stand then waives right for all legit subjects of cross
public school searches
random drug testing allowed for students participating in extracurriculars w/o suspicion

warrentless searching of pub school students affects permissible to investigate violations of school regs.
x of y cards