Fourth Amendment
To have standing to challenge 4th amendment right violation....
1) Defendant must show _____ ______
2) Defendant had a _____ _____ of ______ in the ____ _____ or the ____ _____.
Government conduct
Reasonable Expectation of Privacy
place searched item seized
Under ______ a suspect who is subject to ______ _______ must be informed of and _____ her constitutional rights, or the resulting _____ will be _____ in the prosecutions case-in-chief, but may be used to ____ the ____ if he _____ at trial.
Miranda, custodial
interrogation, waive
statement
inadmissible
impeach, defendant, testifies
Must be ____ and _____.
____ of search is ___ by the ____ of consent.
___ is valid if the person giving ____ has ___ or ____ authority to ____.Knowingly voluntary
Scope/limited/scope
Consent/consent actual/apparent/consent.
The ______ ______ does NOT apply to :
1. ____ ____ proceedings, ____ proceedings, _____ hearings or administrative cases.
2. Violations of the "_____ and _____" rule in executing search warrants (hint- Breona Taylor)
3. Evidence ______ as a result of Miranda violations.
Grand Jury, Civil, Parole
Knock and Announce
seized
This is always needed for any valid arrest:
_____ ______
What's your definition?
What standard is used?
Probable Cause
Trustworthy facts or knowledge sufficient for a reasonable person to believe that the suspect has committed or is planning to commit a crime.
Probable cause exists when a reasonable person would deduce under the totality of the circumstances that a crime has occurred and the defendant did it.
Preponderance of the Evidence- it must be more likely than not that the defendant committed the crime.
What am I?
I am an exception to the the requirement to give Miranda before interrogation?
____ _____ _____- police may interrogate suspects without giving Miranda if necessary for _____ _____.
Public Safety Exception
public safety (such as a bomb)
6th Amendment Right to Counsel attaches at?
____ ____ ____
Does NOT attach?
____ ___, or when police take _____ evidence such as _____ or ______.
post-charge lineups/showups
photo identifications/ physical
handwriting or fingerprints
1) ____ ____ on the basis of some _____ ______ standard.
2) ____ _____ to serve ______closely related to a _____ ______ pertaining to _______ or their _____.
______ ______ other than ____ _____ are presumptively unlawful.
Police allowed set up roadblocks, individualized suspicion
stop cars, neutral articulable
be designed, purposes, particular problem automobiles, mobility
Pedestrian Checkpoints, border stops
What are the four elements below as the the "Fruit of the Poisonous Tree Doctrine"?
1. Evidence obtained from a source _____of the original illegality?
2. An ____ act of free will by the defendant that breaks the ___ ____. (i.e. defendant is illegally arrested but is released and later returns to confess)
3. _____ ______ (i.e.the prosecution can show that the police ____ have _____ discovered the evidence regardless of the _______ act.)
4. _____ is where evidence challenged is too remote and _______ from unlawful search or seizure.
Exceptions
independent (Independent source doctrine)
intervening
causal chain
Inevitable Discovery
would discovered unconstitutional
Attenuation, attenuated
The defendant must show that he had at least an _____ or ____ ____ in the _____ searched or the ____seized.
Reasonable Expectation of Privacy?
1. handwriting? Y or N
2. Voice? Y or N
3. Hotel Room? Y or N
4. Odors? Y or N
5. open fields ( areas outside the curtilage) Y or N
6. garbage left outside Y or N
7. Your car
ownership, possessory interest, places
items
1. N
2. N
3. Y
4. N
5. N
6. N
7. Y
Once a defendant ______ asserts his right to _____ interrogation, and requests an _____, all _____ must cease for ___ days or until a _____ is _____. Unless the _____subsequently waives his right to ____
____ Amendment ____ ___ ____
All other times a defendant invokes a right to an ____. this invokes the defendants ____ ____ right to____.
unambiguously/terminate
attorney/questioning
14 attorney/present
defendant/ counsel.
5th Amendment Right to Counsel
attorney
6th Amendment Counsel
Defendant can attack ___ ____ identification _____ as a denial of ___ _____ rights if:
1)Identification is _____ ______.
2) There is a _____ likelihood of ______.
pre-tiral/ procedures
Due Process
unnecessarily/unduly suggestive
substantial /misidentification
____ and ____
An _____ may ___ a person without ____ _____ if she has _____ and _____ _____ that _____ _____ is afoot.
Limited to a ___ ____ of ____ _____, unless the ___ has ____ information that a ____ is hidden in a particular area of suspects _____.
Stop Frisk/ aka Terry Stop
officer/ probable cause
articulable/ reasonable suspicion/ criminal activity.
pat down/ outer clothing/ officer
specific/ weapon
clothing
The _____ ____prohibits the introduction of evidence obtained in violation of a defendant's ____, ____, or ____ Amendment rights. ______ obtained evidence is ____at trial and all _____ _____ ____ _____ ____ must be excluded.
Exclusionary Rule
4th, 5th, 6th illegally
inadmissible "Fruit of the poisonous Tree"
Requirements for a valid _____.
_____ must be issued by a ____ and _____ ______.
_____ must describe with ______ , the ____ and the _____ to be searched or _____.
_____ may be obtained to search premises belonging to non- suspects as long as there is _____ _____ to believe the evidence will be found there.
If ____ ____ is based on information obtained from _____, its sufficiency is determined by the ______ of the _______.
warrant
warrants/neutral/detatched magistrate
warrants. particularity, places/items/ seized
warrants, probable cause
probable cause/ informers(s) totality
circumstances
____ of _____
____ must be _____, ______, and ______.
DAILY DOUBLE!!!!
Who has the burden of proving ____ is valid?
Prosecution or Defendant?
Waiver of Miranda
Waiver/ knowing/voluntary/ intelligent
waiver
Prosecution
When an _____ paid government _____ is placed in defendant's cell, after they have been ____ or _____, and deliberately ____ statements from the defendant regarding the crime; does the ____ Amendment right to ____ attach?
undisclosed, informant
indicted/ charged
elicits
6th
counsel
YES it does.
_____ _____ to _____ ____
Upon ____ ____, ____ may _____ search a person's areas within his _____ ____control where he might ___ to obtain evidence or ____ evidence.
____ may also make a _____ ____ if they believe _____ may be ______.
Search Incident Lawful arrest
lawful arrest, police
immediate control
reach/ destroy
Police/ protective sweep/ accomplices present.
An otherwise voluntary confession taken in _____ of Miranda requirements is ____ for ____ purposes.
Evidence obtained from an illegal search may be used by the ______ to ____ defendants ____ at ____.
violation
admissible/ impeachment
prosecution/ impeach/ defendant/ trial
Three requirements to invalidate a _____ ______.
1. A ____ statement was included in the _____.
2. The affiant ( person obtaining the _____) ____ or ______ included the ____ statement. ( knowing it to be false)
3. The ____ statement was _____ to the finding of ______ _____.
search warrant
1. false/ affidavit
2.warrant/ intentionally or
recklessly/false
3. false/material
probable causeWhen does Jeopardy attach?
Jury trial?
Bench Trial?
Civil trial?
Jury- once jury is impaneled and sworn in
Bench- once first witness is sworn in
Civil- trick question!!! Jeopardy is not applicable.
Re: Automobile Exception
When must probable cause arise before police may search a vehicle?
Once they have probable cause, what may police search?
Probable cause must arise BEFORE search begins. It must arise based on something between the vehicle stop and the search.
entire vehicle ( including truck) and containers or compartments inside and open packages.
Police may search passengers and their belongings
What am I?
For admission of illegally- seized evidence to be upheld on appeal, the government must show that it was _______ beyond a reasonable doubt.
Harmless Error Review
harmless