- Sandra Day O'Connor College of Law
- Bar Review
- Bar Review 999
- Criminal Procedure
Last Modified: 2014-07-23
- Unconstitutionally obtained evidence may be introduced to impeach D's testimony on cross.
- Evidence obtained as a result of:
- Knock and announce violations
- Police error (simple negligence)
- Officers' reasonable mistakes
- Failure to give Miranda DOES NOT require suppression of PHYSICAL evidence ("physical fruits") discovered by incriminating statements, provided statements were voluntary.
- If a statement is inadmissible due to a Miranda violation, subsequent statements made after obtaining a Miranda waiver are admissible, provided that the initial non-Mirandized statement was not obtained through use of coercive police tactics.
2. was it of an area or item protected by the 4th amendment?
3. did a govt agent either a) physically intrude on protected area or b) violate reasonable expectation of privacy?
4. did the person have standing to challenge the action?
2. private citizens if they are acting at direction of police
3. private security guards, subdivision police, campus police if they are deputized w/the power to arrest
4. public school administrators (principals)
2) Expectation is objectively reasonable b/c it is one that society recognizes. Note: a police search is presumptively unreasonable under the 4A when it uses a device that is not in public use to explore details of the home that officers could not have known without physical intrusion.
- own VOICE
- style of your HANDWRITING
- CAR PAINT
- BANK ACCOUNT RECORDS
- LOCATION OF CAR IN PUBLIC STREET/YOUR DRIVEWAY
- OPEN FIELDS
- PUBLIC AIRSPACE
- GARBAGE ON CURB!
3) If not, police officers relied on a defective warrant in "good faith"
PC: There must be a fair probability that contraband or evidence of crime will be found in the area searched.
Particularity: The warrant must state w/ particularity the place to be searched and the things to be seized.
— Police may rely on hearsay and anonymous informant's tips that have been corroborated. Magistrate must be able to make a "common-sense practical" determination that probable cause exists based on a totality of the circumstances.
- affidavit so lacking (in probable cause) or (in particularity) that no reasonable officer would have relied on it
- police officer or prosecutor lied to or misled the magistrate when seeking the warrant
- issuing magistrate biased in favor of prosecution
- the regs governing them are reasonable in scope;
- the search itself complies with those regs; and
- the search is conducted in GF; that is , it is motivated solely by the need to safeguard the owner's possessions and/or to ensure officer safety
- people assume the risk that the person to whom he is speaking will consent to gov't monitoring or wiretap and so no 4th Am. objection.
- Speaker has no 4th Am. right if she makes no attempt to keep the conversation private.
- To arrest someone in home of 3rd party (also need search warrant)
- Police do not need a warrant to arrest someone in public place
Felonies - when there is probable cause to believe arrestee has committed a felonyMisdemeanors - when committed in police presence
- Applies at all "critical stages" of the prosecution, including police interrogation
- This right is "offense specific."
- Incriminating stmts obtained from the D by law enforcement about charged offenses violate 6A if those stmts are deliberately illicited and the D did not knowingly, intelligently, and voluntarily waive his right to have his atty present.
- Whether a reasonable person would have felt that she was not at liberty to end the interrogation and leave; and
- Whether the environment presents the same inherently coercive pressures as the station house questioning at issue in Miranda.
(a) Once invoked, POs must scrupulously honor it.(b) But PO may reinitiate after D invoke right to silence if: (i) wait significant amt of time, (ii) re-Mirandize him, and (iii) q's limited to a diff crime.
- taking blood samples
- taking handwriting samples
- pre-charge line-ups
- recess during D's testimony
- Parole and probation revocation proceedings
- taking of fingerprints
- When the maximum authorized sentence exceeds 6 months (i.e., "serious offense")
- As few as 6 jurors are permitted in a criminal trial
- Jury verdicts must be unanimous only if 6 jurors are used
2. there is a jurisdictional defect
3. the defendant prevails on a claim of ineffective assistance of counsel
4. the prosecutor fails to fulfill his/her part of the bargain
a. Jury trial- when the jury is sworn in
b. Bench trial- when the first witness is sworn
c. Guilty plea- when the court accepts the guilty plea unconditionally
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