Trial
Lisa is convicted of assault. During sentencing the judge decides it was a hate crime and adds 5 months to her sentence.
Is this constitutional? Explain your Reasoning.
NO!
Any fact that increases the penalty for a crime beyond the proscribed statutory max, must be submitted to a jury and proved beyond a reasonable doubt.
Define the Exclusionary Rule
Evidence secured in violation of the defendant’s fourth amendment rights is inadmissible to help the prosecution to prove guilt.
What is the good faith exception to the exclusionary rule?
Allows evidence obtained through a technically illegal search or seizure to be used in court if the police officers involved reasonably believed they were acting within the law, even if the warrant or procedure was later found to be flawed.
No person shall... be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law.
What amendment is this?
The Fifth Amendment
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
What amendment is this?
The Fourth Amendment
Charles is arrested for petty theft. He asks for counsel and the judge refused. He is convicted and fined $100 and spent 1 week in jail.
Were Charles’ rights violated?
Yes
You are afforded the right to counsel for any amount of time spent incarcerated
Do the police have to inform the individual that they have the right to say no during informal questioning?
No!
Can be seen in US v. Drayton
Police arrive at your dorm looking for you. You are not there but your roommate is and lets them in. They ask if they can take a look around. Your roommate says sure and they find drugs in your drawer.
Is this search permissible? Explain your reasoning.
Yes, your roommate consented to the search and has shared domain (as seen in Fernandez v. California)
What do the letters is SILA stand for?
Search Incident to Lawful Arrest
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.
What amendment is this?
The Sixth Amendment
What US Supreme Court Case is known as "The Scottsboro Boys Case" and what was the holding in this case?
Powell v. Alabama
The trials denied due process because the defendants were not given reasonable time and opportunity to secure counsel in their defense
In what case did law enforcement search through an individuals garbage, which was on the sidewalk, and arrest him. Holding that garbage placed at the curbside is unprotected by the 4th Amendment.
California v. Greenwood
Police are searching an apartment looking for a weapon possibly associated with a murder (the search warrant is good). During this search they find drugs. They seize the drugs and charge the defendant with intent to sell an illegal substance. The defendant argues that the exclusionary rule applies because the search warrant only said weapons, not drugs.
Does he have an argument? Explain your reasoning.
No, not if the drugs were in plain view and the cop was searching an appropriate place to find weapons.
What is a Terry stop and from what case does this come from?
A Terry stop is a brief detention of a person by law enforcement based on reasonable suspicion of involvement in criminal activity. Can only be used to find weapons on a person (plain feel exception).
Terry v. Ohio
What is the difference between reasonable suspicion and probable cause?
Reasonable Suspicion: Allows police to briefly stop and question someone, or to conduct a limited search. Reasonable suspicion is based on specific facts that suggest a crime may have been committed, but it requires a lower level of certainty.
Probable Cause: Requires a higher level of certainty and more concrete evidence that a crime has been committed. Probable cause can lead to more invasive actions like searches, arrests, or warrants.
What is exculpatory evidence material to the case, which the prosecutor must share with the defense
Brady Material (from Brady v. Maryland)
What are the two prongs of the Katz test? (Derived from Katz v. United States)
A person exhibits an actual expectation of privacy AND society recognizes that expectation as reasonable
In what case did police enter a home without a search warrant, looking for a bombing suspect and gambling paraphernalia and instead found obscene materials in the basement. Holding that all evidence obtained by searches and seizures in violation of the Fourth Amendment is inadmissible in a state court.
Mapp v. Ohio
What are the Miranda Rights?
"You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense."
What were the facts and holding of Chimel v. California
Local police officers went to Chimel's home with a warrant authorizing his arrest for burglary. Upon serving him with the arrest warrant, the officers conducted a comprehensive search of his residence. The search uncovered a number of items that were later used to convict Chimel.
The Court held that the search of Chimel's house was unreasonable under the Fourth and Fourteenth Amendments. The Court reasoned that searches "incident to arrest" are limited to the area within the immediate control of the suspect.
Is a Prosecutor allowed to threaten a harsher sentence if the defendant does not plea to a lesser charge? And what case addresses this issue?
Yes
Bordenkircher v. Hayes—Threatening a stiffer sentence is permissible and part of "any legitimate system which tolerates and encourages the negotiation of pleas"
Anthony is approached by an officer while walking to his car after class. The officer tells him he is talking to students on campus and trying to gain information on recent drug activity on campus. The officer asks Anthony if he could look through his bag quickly. Anthony said yes. The officer finds marijuana.
Was this a legal search? Explain your reasoning.
Yes!
Consent
What were the four exceptions to the Search warrant requirement discussed in class? (Not including SILA)
Consent (IL v. Rodriguez, GA v. Randolph, US v. Matlock, and Fernandez v. CA)
Plain View (TX v. Brown and AZ v. Hicks)
Exigent circumstances; i.e. Hot Pursuit (US v. Santana and Warden v. Hayden), Destruction of Evidence (Kentucky v. King), and Emergency Aid (City of Brigham v. Stuart)
Automobile Exception (Carroll v. US, CA v. Acevedo, and US v. Ross)
Mark is mad at his roommate Sean for stealing his leftovers. Mark knows Sean sells weed and wants to get him in trouble. Mark calls the Albany PD and tells them Sean is selling weed. He tells them what Sean is wearing and where he is located. Police find Sean, stop him, pat him down, and find a bag of cocaine on him.
What is an issue that could be raised?
Informant did not provide enough information (similar to Florida v. JL)
Terry stop should only be used for locating weapons (unless criminality of an object is immediately apparent-Plain Feel Exception)
A police officer arrests Suzie for burglary. The officer then frisked her and discovered a package containing cocaine in her pocket.
Is this search permissible?
Justified because incident to lawful arrest (US v. Robinson).
If this was just a frisk search (not incident to lawful arrest) this likely would not be permissible.