CRIM PRO random
The 6th amendment right to counsel is ______ specific
Offense specific
Evanescent Evidence Warrant Exception
Evidence that might disappear quickly quickly if the police took the time to get a warrant
Who can consent to a search?
Person with apparent equal right to use or occupy the property, but occupant can't consent if co-occupant is present and objects.
2 most important things to remember about the 5th am self-incrimination privilege
1. only testimonial evidence is protected
2. only compelled testimonial evidence is privilege
3 "In"s that make evidence admissible
1. Independent source
2. intervening act of free will
3. inevitable discovery
If a suspect chooses to remain silent before police read Miranda rights, can that silence be used against them in court?
Yes
Emergency Aid/Community Caretaker Warrant Exception
Police may enter premises w out a warrant if officer faces emergency that threatens health or safety
3 Warrant execution reqs
1. only police (not private citizens) may execute a warrant
2. police can't be accompanied by any 3rd parties unless identifying stolen property
3. violation of knock and announce rule statute will not result in suppression of evidence
2 step process for determining custody
1. freedom of movement test
2. Whether the relevant environment presents the same inherently coercive pressures as the type of station house questioning in Miranda
do you have a right to counsel at parol and probation revocation?
if revocation of probation = imposition of new sentence, def is entitled to representation by counsel in all cases in which they would be at trial
otherwise, only if necessary to fair hearing
2 categories that cannot be base of a preemptory challenge
Gender and race
Hot Pursuit Warrant Exception
Police in hot pursuit of a fleeing felon may make warrantless search and seizure and may even pursue the suspect into private dwelling
(if police not within 15 min, not hot pursuit)
What constitutes a seizure?
Speedy Trial Factors "LRAP"
1. length of delay
2. reason of delay
3. whether defendant ASSERTED right
4. prejudice to defendant
Separate sovereigns rule
6 Exceptions to fruit of the poisonous tree rule
1. fruits derived from statements in violation of Miranda
2. Evidence obtained from independent source
3. Attenuation
4. Defendant's intervening act of free will
5. Inevitable discovery
6. Violations of the knock and announce rule
Terry Frisk Admissibility
During putdown, officer may seize an item that officer reasonably believes based on plain feel is weapon or contraband.
When does a person have a reasonable expectation of privacy?
1. person owned or had right to possession of the place searched
2. place searched was the person's home (or grandchild living at home)
3. person was overnight guest at owner of place searches
4. sometimes person who owns the property seized if reasonable expectation of privacy in item/area searched
Collateral effects of a guilty plea
Guilty plea conviction may be used as a conviction may be used as a conviction in other proceedings when relevant (ex. as a basis of a sentence enhancement)
Are states and municipalities separate sovereigns?
NOOO
1. n/a to grand juries unless evidence obtained in violation of fed wiretapping act
2. n/a in parole revocation/civil proceedings
3. N/A when police arrest someone erroneously but in good faith thinking they are acting under a legit warrant/search
Plain view warrant exception
Police may make warrantless seizure when they:
1. are legitimately on the premises
2. discover evidence, fruits, or instrumentalities of a crime, or contraband
3. see such evidence in plain view
and
4. have probable cause to believe (IMMEDIATELY APPARENT) that the item is evidence, contraband, or a fruit or instrumentality of crime
What are Detentions?
officials with "reasonable suspicion" that a traveler is smuggling contraband in the stomachs may detain the traveler
impose atypical and significant hardship
Rule for lesser included offenses
attachment of jeopardy for greater offense bars retrial for lesser included offenses and vice versa