4th Amendment
Arrests/Detentions
Arrests/Detentions
What is a seizure vs. and arrest?
Seizure= reasonable person would feel they were not free to decline officers requests/ otherwise terminate the encounter
Arrest: taken into police custody against your will for criminal prosecution.
3 Step standard 4th Amendment search/seizure analysis?
1) Did the Defendant have a right under the 4th Amendment OR does the search involve a physical intrusion into a constitutionally protected area?
2) Did police have a valid warrant, issued by a neutral magistrate with reasonable preciseness?
3) If no Warrant, did the search/seizure fall within one off the 6 exceptions?
Name the 6 exceptions to the warrant requirement.
1) Search incident to arrest
2) Automobile search
3) Plain View
4) Consent
5) Stop and Frisk
6) Hot pursuit/exigent circumstances/emergency
General Rule on Confessions?
MUST BE VOLUNTARY.
If involuntary the harmless error test applies.
When do you have the right to a jury?
Under the 6th Amendment you have a right to a jury trial for:
- Serious Offenses
- possibility of at least 6 months in prison to be serious
What is Probable Cause?
What is the standard?
Trustworthy facts/knowledge sufficient for a reasonable person to believe the suspect has committed or is committing a crime.
Totality of circumstances standard.
How does one have standing to bring a suit for unreasonable search or seizure?
1) owned or had right of possession of the place searched
2) place searched was their home
3) person was overnight guest of the owner of the place searched.
When may police search the passenger compartment of the car? (incident to arrest)
1) when the arrestee is still insecure and has the ability to gain access to the interior of the vehicle.
2) Reasonable belief evidence relating to the persons arrest may be found in the vehicle.
When does the 6th Amendment Right to Counsel apply?
What test is used if violated? (2 instances/2 standards)
If non-trial proceedings= harmless error
If trial proceedings automatic reversal of conviction.
What 5 rights is person not entitled to during grand jury indictments/proceedings?
1 potential way to quash a grand jury indictment?
1) no right to notice
2) no right to counsel
3) no miranda rights
4) no right to have ANY evidence excluded
5) no right to challenge subpoena
Indictments issued by a grand jury in which a certain minority group is excluded WILL BE REVERSED.
What is a "Terry Stop" and what is needed to conduct one?
Terry Stop= Police ability to briefly detain a person even if they lack probable cause for arrest.
Requires: reasonable suspicion, supported by articulable facts. (More than vague suspicion, less than probable cause)
2 core requirements of a valid search warrant?
How is the first established?
1) probable cause (officers submit affidavit to magistrate they ask to issue warrant)
2) particularity
What is permitted to be searched under the automobile exception?
Depends on what they are looking for. If they have probable cause to search for drugs, they may search whole vehicle. If they have probable cause to search for a body, can only search places a body would fit.
MAY SEARCH PASSENGER BELONGINGS TOO
What is the exclusionary rule? And what is the name for evidence obtained from such?
Exclusionary Rule: evidence obtained in violation of the 4th, 5th,6th Amendment rights is prohibited.
FRUIT OF THE POISONOUS TREE DOCTRINE.
What is exculpatory evidence?
When may a conviction be reversed for failure to disclose exculpatory evidence?
Evidence that is favorable to the Defendant
Conviction may be reverse if prosecution failed to provide defendant with exculpatory evidence in their possession. D must show:
1) evidence favors them
2) prejudice resulted and there is reasonable probability there would be a different outcome had the evidence been included in defense.
When may police stop a car?
When may police use a dog? Is a dog sniff a search?
Police may stop a car with reasonable suspicion to believe a law has been violated.
A dog sniff is not a search. A dog indication of drugs/weapons is probable cause for a search.
How to invalidate a search warrant based off an affidavit?
1) False statement included
2) false statement intentionally or recklessly included
3) false statement was material to the finding of probable cause.
Standard required for a Terry Stop?
What is the admissibility of evidence?
Articulable and reasonable suspicion.
Officer may conduct a pat down and based on "Plain Feel" seize any weapons or contraband which may be admitted into evidence.
What are the 6 exceptions to the fruit of the poisonous tree doctrine?
1.) Fruits derived from a violation of Miranda
2) evidence obtained from a source independent of the violation
3) evidence in which the connection to the violation is too remote.
4) intervening acts of free will
5) inevitable discovery
6) violations of the knock and announce rule
When may confessions of a co-defendant be used against the other co-defendant?
Why generally are they not admitted?
1) Confession can be admitted absent the parts implicating the other co-defendant
2) Co-defendant that made confession takes the stand and is subject to cross
3) confession be used to rebut defendants claim the confession was obtained coercively.
Violates the confrontation clause.
Standard for road blocks (DUI Checkpoints) to be valid?
MUST BE:
1) neutral, articulable standard. (we stop every other car)
2) designed to serve purpose closely related to a particular problem relating to automobiles. (DUI)
What does a warrant to search a property permit the police to do with the occupants of the property at the time the warrant is executed?
Police may detain occupants while the warrant is executed.
Police MAY NOT:
1) search occupants not named in the warrant
2) Follow/stop/search person who left the premises prior to the warrant be executed.
Under the Hot Pursuit/evanescent evidence/ emergency exception: Define Evanescent evidence and requirements of "hot pursuit"
Evanescent Evidence= evidence that might quickly disappear if the police took the time to get a warrant.
Hot Pursuit: of a fleeing felon may search their home if they run there. NO OK for misdemeanors.
IF NOT WITHIN 15 MINUTES BEHIND FELON, EXCEPTION DOES NOT APPLY.
When may evidence excluded under the exclusionary rule still be used at trial? (2 specific instances)
IMPEACHMENT PURPOSES.
1) otherwise voluntary confessions obtained prior to Miranda may be used to impeach the defendant
2) illegally obtained evidence may be used to impeach the defendant's statements.
Requirements for a plea?
Judge must confirm what?
Voluntary and Intelligent, must be in open court and on the record. Judge must be sure the defendant understands:
- nature of the charge/crucial elements
- maximum possible penalty/ mandatory minimum sentence
- D has right to plead not guilty