Fourth Amendment
False. Just people and was not drafted solely to protect people from warrantless searches of their homes.
What are the factors to determine whether the defendant understood his Miranda rights?
Mental capacity, age, illness, intoxication, language, history with the police, education
When does the right to counsel attach?
Critical stages of pretrial proceedings (adversarial)
When is a defendant's elicited incriminating statements admissible at trial?
To impeach the defendant
Sixth or Fifth amendment is offense specific?
Sixth
Difference between Terry Stop and Terry Frisk
Stop only requires the officer to have a reasonable belief that criminal activity is afoot. Frisk requires he reasonably believes the person is armed and dangerous.
Officers arrest Flanders in Marge's home pursuant to a valid arrest warrant. Cocaine is seen on the table in Marge's bedroom and Marge is arrested. Will her motion to suppress be granted? Why or why not?
Yes. An arrest warrant only addresses the interests of the arrestee.
Plain view is inapplicable because it must come from a spot where officers are lawfully entitled to be
True or False: Absent waiver, a post-indictment line-up conducted without the defendant's lawyer violates the 6th amendment right to counsel.
True
When can officers perform a protective sweep?
If the officer has reasonable suspicion based on articulable facts and reasonable inferences to believe that an area harbors an individual who poses a danger to those present.
Officials ate the border dismantled a car's gas tank revealing marijuana inside. Is the stop a routine search that did not require reasonable suspicion?
Yes, so long as no permanent damage occurred to the car.
What is the Plain View doctrine?
An exception to the warrant requirement allowing the warrantless seizure of items if (1) it is immediately apparent that there is probable cause to believe an item is evidence of a crime, without the need for touching or further investigation and (2) law enforcement officers are lawfully in a position to see and obtain the item.
A US Attorney was being arrested when the officers started reading his rights, before he could finish the attorney said " Oh cut the bull, I'm a prosecutor, I know my rights, just take my statement". Is his confession admissible.
Yes. Its a volunteered statement.
Where the defendant lacks the mental capacity
Law enforcement can search the passenger compartment of an automobile incident to an arrest of an occupant only if...
1) the suspect is not secured and is able to reach inside the passenger compartment
2) the suspect is secured and officers reasonable believe they can find evidence of the crime for which the suspect was arrested for.
3)Plain view exception does apply for any evidence of any crime
The inadmissibility of a previous out-of-court identification made at a lineup does not bar a witness from making an in-court identification of the accused at trial if...
The prosecution can clearly and convincingly show that the subsequent identification stemmed from an independent source.
For a warrantless search incident to a lawful arrest to be constitutional, the search must take place....
contemporaneous to the arrest.
Officer pulled Smith over after he saw him driving reckless. Smith's eyes were bloodshot red and he could barely stand. Officer arrested him and asked if he'd been drinking. Smith said "I had a couple of beers at an office party." Smith took a Breathalyzer test and failed. Is his statement admissible?
Yes. Miranda warnings were not required
When does the right to counsel exist in misdemeanor cases?
When the punishment is any amount of jail time
Name the 7 exceptions to the warrant requirement.
(1) search incident to lawful arrest, (2) stop and frisk, (3) automobile exception, (4) consent, (5) plain view, (6) exigent circumstances, and (7) certain administrative inspections.
When is a guilty plea involuntary?
Where the accused does not understand the nature of the constitutional protections he is giving up or he is not aware of the important elements of the offense.
A police officer saw a man pulling a portable cooler with a beer can in one hand down the middle of the road. The officer could not tell whether the beer can was open or closed, he watched the man fall and then told the man to stop. When the officer approached, he realized that the beer can is unopened and that the man appeared to have normal use of his faculties. He patted the man down and opened the cooler where he found several unopened cans of beer and a bag of cocaine. The man is arrested. Will his motion to suppress the cocaine be granted?
Yes, because the man had a reasonable expectation of privacy in the cooler.
A man robbed a store at gunpoint and fled. Officers found him in an open field 5 miles outside of the town. but the gun was not on him. They read him his Miranda rights then asked where the gun was. He said it was over there, pointing to a bush nearby. Is his statement admissible?
No.
What standard should be applied to determine whether a convicted person's 6th amendment right to counsel has been violated so as to require reversal of a conviction or to set aside a death sentence?
Defendant must show his counsel was deficient. Errors so serious that the counsel was not functioning as the counsel. Prejudiced the defense by showing the error deprived the defendant of a fair trial and there is a probability the result would have been different.
What is the Public Safety Exception?
Where the officer's questions are reasonably prompted by a concern for safety, he may engage in non coercive questioning without complying with Miranda.
What is the inevitable discovery doctrine?
Prosecution must show by a preponderance of evidence that
1. Evidence would have been discovered by lawful means
2. and the officers and the government were pursuing an alternative line of investigation at the time of the police misconduct