Chapter 7
What are perfect and imperfect defenses?
Perfect: Complete defense. Charges are dropped
Imperfect: Incomplete defense. Allows conviction on a reduced charge.
Who brings the charges?
Prosecutors
Definitions of Curtilage and Open Fields
Are they protected?
Area immediately surrounding the home. Yes.
Anything outside the curtilage. No.
Do police officers have to ignore criminal evidence they come across?
No. Plain View Doctrine
What's entrapment?
Acts by government/law enforcement officials to induce someone to commit a crime that they normally wouldn't have
If you claim the actus reus is missing, you have an
Alibi
What's typically in a warrant
Description of the charge and the person being arrested
What's required for warrant issuance?
Probable Cause, Neutrality, and Particularity
What kind of evidence changes or evaporates in a way that ruins it as evidence
Evanescent Evidence
What's the court docket?
Court's schedule with case names, attorneys, charges, and natures of appearance
Who has the burden of production and what is it?
Defense must produce an affirmative defense and evidence of it.
Items needed for intake
Intake forms, Statute excerpts, maybe medical release forms
What is an anticipatory search warrant?
A predictable/inevitable event will become the probable cause
Who can consent to searches (Name 4)
Spouse, live-in-mate/roommate, child, parent, landlord, tenant, hotel manager, host, employer, employee, bailee
If something is wrongfully obtained but would have been discovered anyway, what is it and can it be used?
Inevitable discovery. Yes.
What defense questions substantial capacity and competency to stand trial?
Insanity
Definition of collateral estoppel
Prohibits making claim or prosecuting charge on facts previously proven false
Probable Cause for a Search must lead to the conclusion...
The items are connected to criminal activity and will be found in place of search
Name four of the twelve warrant requirement exceptions
Arrest, stop and frisk, search incident to lawful arrest, plain view, motor vehicle searches, hot pursuit, evanescent evidence, border/regulatory & emergency searches, consent searches, inevitable discovery, community caretaking function, search by private individual
Probable Cause for Arrest means that the officer has cause to believe...
An offense was committed and the person being arrested committed it
Name the justification defenses
Self Defense, Defense of 3rd Persons, Defense of Property, Resisting Unlawful Arrest, Execution of Public Duties, Parental Discipline Justifications
When is joinder of offenses or defendants allowed
Same/similar offenses
Based on 2 or more connected acts/constitution parts of common schemes/plans
If it's the same criminal act/transaction
How to Analyze a Search and Seizure Question
(4 Questions)
1. Does the search fall under the 4th Amendment
2. Did the government official get a search warrant
3. Is there an exception to the warrant requirement
4. If 2&3 aren't applicable, what rule applies
4 questions that arise from searches incident to arrest
1. What types of arrests allow the search
2. How close in time should the search be to the arrest
3. What is the allowable extent of the search
4. What can be seized in the search
What's the Exclusionary Rule and why does it work?
Improperly obtained evidence is inadmissible. No one wants their evidence thrown out, so they comply.