Miranda
Is all evidence resulting from a Miranda violation suppressible?
Not physical evidence, because it's introduction at trial does not implicate the self-incrimination clause. Additionally, fruit of the poisonous tree does not apply to Miranda.
What types of matter is the 5th Amendment privilege limited to?
Criminal matters; It protects at trial, grand jury proceedings, congressional investigations & preliminary hearings.
All search warrants implicitly carry this rule before entering a home.
Knock and Announce Rule
Testimonial vs. Non-testimonial Evidence
Testimonial: spoken or written statements; silence
Non-testimonial: asked to speak certain word for identification, providing DNA, participating in a line-up.
Non-testimonial = no 5th amendment violation.
What is the exclusionary rule? What does it apply to?
Remedy for violations which result in criminal charges which allows for suppression of evidence.
Applies to 4th, 5th, and 6th amendment violations & Miranda violations.
Does defendant need to sign a waiver in order to validly waive his Miranda rights?
No; a signed waiver is not required, nor fo they have to be expressly waived.
Waiver can be inferred from the Defendant's actions or words during the interrogation.
Rule regarding mental illness and involuntary statement
Rule: A Defendant's mental state alone does not render a statement involuntary for purposes of the Due Process Clause.
Exception: there was coercive police conduct in eliciting the statements.
Katz 2-Prong Test
(1) Defendant exhibited an actual expectation of privacy (subjective); and
(2) it is an expectation which society is prepared to recognize as reasonable (objective).
Can statement in violation of Miranda be considered in sentencing?
Yes, as long as they were voluntary, courts can consider any relevant evidence at sentencing as long as there's sufficient indicia of reliability.
Regardless of whether it was admissible at trial.
3rd Party Doctrine
If a Defendant discusses criminal activity they are involved in with a third party, there's no 4th amendment violation.
By telling another person, Defendant assumes the risk that they'll tell others, even the police.
Characteristics of a Miranda Violation
1. Incommunicado interogation (isolated questioning);
2. In a police-dominated environment (isolated from the public);
3. Without full warning of Constitutional rights; and
4. Which resulted in incriminating statements.
When do coercive interrogations violate the Defendant's 5th amendment privilege?
Once it is offered against the defendant in a criminal proceeding.
No criminal charges, then no 5th amendment violation.
However, coercive interrogations can violate substantive due process even if they're not used in a criminal proceeding.
i.e. unauthorized police conduct that "shocks the conscience" - see Chavez v. Martinez.
Rule allowing police to detain occupants and any persons "immediately outside" of a residence at the time a search warrant is being executed.
Summers Rule
Elements of a Valid Search Warrant
2. Supported by oath & affirmation
3. By a neutral & detached magistrate
4. Names items to be seized
5. Describes place with particularity
General rule for arresting a suspect without a warrant.
Arrest must be in a public place.
Police must have probable cause that the suspect has committed or is in the midst of committing a felony; or if a lesser crime, was committed in the presence of police.
Requires a determination of probable cause by a magistrate within 48hrs of arrest.
Requirements of a Valid Miranda Waiver
1. Voluntary
2. Knowing
3. Intelligent
A waiver applied to the interrogation in general - it is NOT crime-specific.
Waivers are valid even if the Defendant's lawyer was trying to reach his client and police did not notify the defendant.
A Defendant's attorney attempting to contact his client, under the 5th amendment.
Police have no obligation to notify the Defendant of their attorney's effort to contact him.
When is a person seized for purposes of the 4th amendment?
Upon arrest, or whenever police use physical force or show of authority to restrain a Defendant's liberty.
Do passengers in a car have an expectation to privacy?
A mere passenger generally has NO expectation to privacy in most areas of the care, including the trunk and seats.
Can the government use statements taken in violation of Massiah (Limited Access Rule) to impeach a Defendant at trial?
Yes; once the defendant take the stand and testifies contrary to prior statement, the prosecution can take statements in violation of Massiah to impeach Defendant's testimony.
Why? Cross-examination is traditional truth telling device and the government's right won't be limited by allowing the defendant to lie on the stand.
2 Exception to a Valid Invocation of Miranda Rights
Police cannot reinitiate the interrogation unless:
Either (1) Shatzer Rule:Defendant is released for at least 14 days pass from the day of the questions & upon returning to custodial interrogation, is given fresh Miranda warnings; or
(2) Valid Waiver: Defendant reinitiates contact with police.
Factors contributing to "involuntary" statements and standard under which they are analyzed?
Characteristics of the suspect + Police conduct
Ex. Confessions made only after several hours of interrogation;Suspect denied their right to an attorney;Questioning continues after Defendant invoked their right to remain silent;Police used the Defendant's family or friend to coerce a statement.
Standard: Totality of the Circumstances.
Standard for determining probable cause for a search warrant
Totality of the circumstances, includes:
- veracity, truth worthiness of informant, basis of knowledge for conclusion, corroborating facts*
May police carry out arrests over minor offenses?
Yes; 4th amendment does not prhibit arrests fro traffic infractions. Thus, warrantless arrests for inor offenses are not unreasonable.
Why? Because police aren't expected to know the difference between jailable and non-jailable offenses. See Atwater v. Lago Vista
What is the Dunn 4 Factor Test? What is it used to determine?
Used to determine if an area was curtilage or an open field.
Factors:
1. proximity of the area to the home
2. whether area was within an enclosure also surrounding the home
3. Nature of use of the area
4. Measures taken by owners to prevent outsiders from looking in.
What is a Seibert Violation?
Rule: a post-Miranda-warning confession is inadmissible when police use a 2-step interrogation process to undermine Miranda.
Ex. Defendant is subjected to continuous & coordinated interrogation with the goal of rendering Miranda ineffective by waiting to give the warning until after the Defendant's initial confession.
If the questioning stops and a second interrogation occurs elsewhere - it is NOT a Siebert violation.
Valid Confession: Requirement(s) and Standard
Valid confessions have a voluntariness requirement.
Standard: totality of the circumstances.
Look to cause & effect: did the threat or coercion cause a confession? If so, likely involuntary.
Payton Rule
Police may only enter a home to execute a search warrant if they have reason to believe that the Defendant is within.
Plain View Doctrine
1. Police lawfully on site
2. Item is in plain view
3. Criminality is immediately apparent.
Blockburger Test
Related charges are the same only if proving the elements of the greater one will always prove the elements of the lesser and thus invocation of 6th amendment rights applies to both crimes.
Ex. Larceny is the lesser included offense of robbery thus charges are related and invocation of 6th amendment rights applies to both crimes.
Right to Counsel Under Miranda
Defendant's make an unambiguous request for counsel. If the request is ambiguous, Police is not required to cease questioning.
Upon valid request, all questioning must stop unti counsel is Present. Defendant must given access to counsel, & counsel must be present at all police interactions from that moment on.
Ex. D naming a specific attorney and providing the police with the contact information.
Under the 6th amendment, what happens if an attorney is attempting to reach their Defendant but police does not notify the Defendant?
If an attorney is trying to contact their client and police does not notify the defendant of it, then the Defendant cannot validly waive their right to counsel.
Exceptions to the warrant requirement
Plain view
Exigent circumstances
Inventory
Searches incident to arrest
Cars & containers
Consent
Rule and Exceptions to the Fruit of the Poisonous Tree Doctrine
Rule:evidence seized in violation of the 4th amendment cannot be used against a defendant, nor can any evidence found as a result of unlawfully seized evidence.
Exceptions: Dissipation - Independent source - Inevitable discovery.
Minnick Rule
Once Defendant invokes their 5th amendment right to counsel - police cannot reinitiate questioning unless, (1) counsel is present or (2) Defendant later waives his right.
Applies even if the Defendant has had time to confer/speak with counsel.
What is the Innis test? What does it require?
Miranda applies whenever a person in custody is subjected to either express questioning or it's functional equivalent.
Functional equivalent = any words or actions on behalf of police that they knew (or should've known) would elicit an incriminating response from the Defendant.
*Requires proof of intentional conduct on behalf of police.
6th Amendment Right to Counsel
Protects a layperson during interactions with police once criminal proceedings have begin; never before.
Invocation only applies to the charge you've been indicted for and does not invoke your Miranda/5th amendment right.
Exigent Circumstances
Justifying a warrantless entry into a home: hot pursuit, imminent destruction of evidence, preventing suspect's escape, risk of danger to police or public.
In absence of hot pursuit, consider: risk of danger to the victim; gravity of the crime; likelihood the suspect is armed.
What is required for stadning?
Party must be able to show some injury to their legal rights; a grievance, impact, or statutory basis for bringing forth a suit.
Independent Source Doctrine
Exception to the Fruit of the Poisonous Tree
Applies to evidence initially discovered during an unlawful search but later obtained independently from activities untainted by unlawful activity.
See Murray v. U.S.
Public Safety Exception to a Miranda Violation and Standard under which it is analyzed?
An exception which results in the statements given in violation of Miranda being admissible where there is an objectively reasonable belief that there is a need to protect the police or the public from any immediate danger associated with the Defendant & the suspected crime or danger.
Standard: totality of the circumstances.
It applies to Miranda rights which were not given and also valid invocation of Miranda rights.
Deliberate Elicitation
After prosecutorial proceedings have begun...Police, government, or agent/informant took action beyond just listening, which was designed to deliberately elicit incriminating remarks.
Does finding contraband in a car provide probable cause to seize the occupants?
Yes; police finding contraband gives them probable cause that a crime (felony) had or is being committed.
Reasonable to assume the occupants had knowledge of it & exercised dominion or control over the contraband.
See MD v. Pringle
Dissipation of the Taint (4 factor test)
Exception to the fruit of the poisonous tree doctrine of the exclusionary rule remedy to a 4th amendment violation.
1. Length of time between the violation & the fruit
2. Flagrancy of the violation (i.e. good faith)
3. Intervening causes (independent warrant, informant to police)
4. Defendant's acts of free will (resulting in seizure of the fruit).
May police using drug sniffing dogs during an investigative stop?
If lawfully stopped (either a traffic or Terry stop), police can bring around a drug-dog to smell around the car as long as the duration of the stop is not prolonged.
Invoking Right to Remain to Silent
Under Miranda, once Defendant invokes their right to remain silent, it is an infinite bar to future interrogations.
Police must scrupulously honor the invocation & suspend questioning.
However, police can approach the Defendant at a later time, give them Miranda rights, and ask about an unrelated crime.
See MI v. Mosey
Upon start of prosecutorial proceedings, any deliberate attempt to elicit incriminating information by the government constitutes a 6th amendment violation.
Limited Access Rule or Massiah Rule
See Massiah v. U.S.
Automobile Exception
Exception to the Warrant Requirement of the 4th Amendment.
Because of a vehicle's capacity to be readily moved & licensed, police can search on probable cause alone.
Applies only when police have probable cause to believe a vehicle contains contraband or evidence of a crime and allows police to search anywhere the item could be stored.
Car Searches Incident to Arrest: Belton v. Gant
Belton: Defendant's who aren't secured at the time of the search. Upon lawful arrest, police can search the drivers seat, passenger seat, glove compartment and armrest (i.e. grabbing area).
Gant: Police can only search a car incident to arrest, if:
(1) Defendant was within reach of the passenger compartment at the time or the search; or
(2) Police have reasonable belief that there's evidence relating to the crime inside the car.
Elements of a Terry Stop and Frisk
- Police observes unusual behavior,
- Believes crime is afoot,
- Identifies himself as police,
- Reason to believe Defendant is armed and dangerous
- Fears for the personal safety of himself and/or others,
- Pat down of outer clothing (plain touch)
- Searching for weapons.