Fourth Amendment
4th Amendment |
prohibits unreasonable searches and seizures |
Government Conduct |
Must show some government or police agency action |
Standing |
Defendant must have a reasonable expectation of privacy as to the places searched or items seized |
Seizure of a Person |
By means of physical force OR show of authority, a person’s freedom of movement is restrained; under the totality of circumstances, would a reasonable person not feel free to leave |
Search |
Occurs when government conduct violates the defendant’s reasonable expectation of privacy |
Seizure of a Person
Arrest |
generally requires a warrant; Warrantless arrest allowed if an officer has probable cause to believe that a felony has been committed |
Terry Stop and Frisk |
Valid when an officer has reasonable suspicion that someone is engaged in criminal activity |
Police Checkpoint |
Valid if Done in a non-discriminatory manner; and There is an automobile-related reason for the checkpoint |
Traffic Stop |
Valid if the officer has reasonable suspicion or probable cause that a traffic law has been violated |
Search
Valid Search Warrant |
A search conducted pursuant to a valid warrant is generally constitutional |
Warrant Requirements |
Be issued by a neutral magistrate; Be based upon probable cause; and Describe with particularity the places to be searched and the items to be seized |
Execution of a Search Warrant |
Knock and announce; Defective Warrant (good faith) |
Exceptions to Warrant Requirement |
ASCAPES |
Automobile Exception |
If police have probable cause to believe a vehicle contains evidence of a crime, can search any part of the car believed to have contraband |
Stop and Frisk |
Can stop a person based on reasonable suspicion that the person is engaged in a criminal activity; Frisk—officer can pat down the outer clothing of the defendant for officer safety (plain feel) |
Terry "Automobile Frisk" |
After valid stop if The officer has a reasonable belief there is a weapon in the car; and search is limited to those areas that may contain a weapon |
Consent |
Must be voluntary; cannot exceed scope |
Administrative |
School, DUI, etc. Must have a clear plan |
Plain View |
Police are lawfully present; and Incriminating nature of the item is immediately apparent |
Exigent Circumstances |
Hot pursuit of a fleeing felon, Danger of destruction of evidence, or Police or public safety |
Search Incident to Lawful Arrest |
May search arrestee within a reasonable scope after a lawful arrest. Defendant and wingspan. can search areas within reach or where others may be hiding. |
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Exclusionary Rule
Rule |
Excludes evidence obtained as a result of the government’s violation of the 4th Amendment |
Fruits of the Poisonous Tree |
excludes other evidence obtained as a result of the violation |
Exceptions |
inevitable discovery, independent source doctrine, passage of time, good faith reliance |
5th Amendment
Self Incrimination |
no person shall be compelled in a criminal case to testify against himself; Applies to testimonial evidence coercively obtained by police |
Miranda warnings |
Right to remain silent and right to an attorney |
When give Miranda warnings |
custody and interrogation |
Custody |
defendant reasonably believes he is not free to leave or is otherwise deprived of his freedom |
Interrogation |
police expressly question defendant OR police words or actions are likely to elicit an incriminating response |
Waiver of Miranda rights |
knowing and voluntary |
Voluntary Statements |
After a defendant receives Miranda warnings and does not invoke the right to remain silent, the defendant might decide to make an uncoerced statement to police. Constitutes a waiver |
Invoking Miranda Rights |
Right to counsel- unambiguously assert; Remain silent- unambiguously assert |
Re-approaching the defendant |
After invoking rights, police may not re-approach the defendant later. Exception—if there is a break in custody for 14 days or more, police may re-approach the defendant, give fresh Miranda warnings, and attempt to get a waiver |
Standing |
Defendant may only assert his own Miranda rights |
Exclusion of Statements |
Voluntary- not protected |
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Involuntary- inadmissible |
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Second Confession- May be admissible if initial confession was the result of a good faith mistake |
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Voluntary statement in violation of Miranda- admissible as impeachment but not substantive |
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Physical evidence- Any physical fruits of a voluntary confession can be admissible evidence |
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6th Amendment
Right to Counsel |
Automatically applies to all critical stages of prosecution after formal proceedings begin |
Formal proceedings |
indictment or formal charges |
Offense Specific |
does not prevent the police from questioning the defendant about other crimes that have not been formally charged |
Waiver |
must be knowing and voluntary |
Line-Ups under Due Process
Line-ups |
Must not be conducted in a manner that is impermissibly suggestive or provides a substantial likelihood of misidentification |
Photo array |
neither defendant or lawyer has right to be present |
Trial Considerations
Due process- Burden of Proof |
Prosecution must prove all elements of the crime beyond a reasonable doubt |
Sentencing |
Any fact, other than a prior conviction, that is used to increase the sentence beyond the statutory maximum, must be charged and proved beyond a reasonable doubt |
Double Jeopardy
Provides protection against: |
Prosecution for the same offense after acquittal; Prosecution for the same offense after conviction; and Multiple punishments for the same offense |
Same v. separate offenses |
test)—each crime must require proof of an element that the other does not to be considered a separate offense |
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Prohibits multiple prosecutions of greater and lesser-included offenses |
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Permissible to charge a defendant with a greater and lesser-included offense in the same action |
Grand Jury
evidence |
can consider illegally obtained evidence and hearsay |
counsel |
witnesses do not have right to counsel |
defendants |
no right to testify |
Guilty Plea
guilty plea |
waiver of various rights to trial |
validity |
must knowingly and intelligently waive rights |
judge |
Informs the defendant of his rights and ensures the defendant understands those rights; Informs the defendant of the possible sentences; Informs the defendant of immigration consequences (the judge is not required to inform the defendant of all collateral consequences, such as difficulty getting student loans); Makes sure there is a factual basis for the plea; determines no use of force/ coercion/ threats/ promises |
Speedy and Public Trial Rights
Speedy trial |
SOL normally begins when crime occurs; Defendants can be injured by the passage of time between an alleged crime and their trial |
Speedy Trial Claim Factors |
length of delay, reason for delay, whether defendant asserted his rights, risk of prejudice |
Public Trial |
The Sixth Amendment and First Amendment, taken together, protect the rights of the defendant (Sixth) and the public (First) to attend public trials. Can close if substantial likelihood of prejudice |
Confrontation Clause |
Right to confront witnesses against him |
Crawford Doctrine |
If statement is testimonial, inadmissible if declarant is unavailable and defendant had no prior opportunity to cross-examine |
Bruton Doctrine |
Defendant's statement is always admissible even if doesn't testify at trial |
Cruel and Unusual Punishment
Length of Prison Sentences |
The Supreme Court has given the government free rein to authorize virtually any length sentence for virtually any crime |
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No life with our parole for crimes committed while juvenile |
Capital punishment |
only available if victim of crime dies |
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defendant must be 18+ when committed crime, mentally sound |
Capital punishment safeguards |
including a bifurcated trial process, the opportunity to present mitigating evidence, and a process that sufficiently narrows the class of death-sentence eligible offenses. |
Cruel or unusual punishment |
prohibited under 8th amendment; Courts have extended this protection to conditions of confinement |
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