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Criminal Law Final
| Term | Definition |
|---|---|
| DUE PROCESS | No person shall be deprived of life, liberty, or property without due process of law - 5th amendment (Federal) - 14th amendment (State) |
| EXCLUSIONARY RULE | Violation of the procedural safeguards in the Fourth amendment Exclusion of all evidence produced by the illegal search or arrest |
| Good faith exception to exclusionary rule | Will not bar the use of evidence obtained by officers acting in good faith reliance on a search warrant that is later found to be unsupported by probable cause |
| MOTION TO SUPPRESS: | Pre-trial motion asking court to throw out evidence that has been obtained in violation of constitutional rights. |
| FOURTH AMENDMENT | No unreasonable search and seizure No warrants shall issue without probable cause |
| Fourth amendment only applies if: | 1. State action (law enforcement, not private individual) AND 2. Conduct is either a search or a seizure |
| Whether a person’s conduct is state action depends on | whether person acting as AGENT for state. Ask: 1. Did gov’t know or acquiesce? 2. Did individual intend to assist the government or further his own interests? |
| Fourth amendment does not apply: | To agents of US outside US borders, even if it involves a US citizen UNREASONABLE SEARCH AND SEIZURE |
| SEARCH: | any governmental intrusion upon a person’s reasonable and justifiable expectation of privacy |
| SEIZURE: | The exercise of control by the government over a person or thing An arrest or detention IS a seizure of a person |
| REASONALBENESS: | Whether a seizure of a person is reasonable depends upon the scope of the seizure and the strength of the suspicion prompting the seizure |
| ARRESTS | Since an arrest is a seizure, all arrests must satisfy the requirements of the Fourth Amendment |
| What constitutes an arrest? | Take a person into custody for interrogation or prosecution By force or show of force Reasonable Person would not believe he is free to leave |
| PROBABLE CAUSE: | At the time of the arrest, facts and circumstances within officer’s knowledge, and of which he has reasonably trustworthy information, are sufficient to lead a prudent person to believe that the suspect committed or was committing an Offense |
| WHAT IS THE EFFECT OF INVALID ARREST? | Unlawful arrest, by itself, has no impact on a criminal prosecution (is not a defense). But evidence found during a search incident to an unlawful arrest may be suppressed. |
| ARREST WARRANT NOT REQUIRED *Except | for Home arrests. |
| Federal Law-Public Place | Police DO NOT need an arrest warrant to arrest someone in a public place |
| In Texas, need a warrant to arrest unless one of these statutory exceptions: | Felony suspect about to escape; Commit offense in presence or view of officer; Suspect found in “suspicious places;” Property crime suspect found w/ stolen property; |
| In Texas, need a warrant to arrest unless one of these statutory exceptions: | Suspect caused injury to another and risk of further harm to victim; |
| In Texas, need a warrant to arrest unless one of these statutory exceptions: | suspect caused injury to another member of household; suspect who violates protective order; Suspect interferes w/ emergency phone call; or felony suspect who makes voluntary confession |
| If arrest for any offense other than misdemeanor punishable by | fine only |
| HOT PURSUIT | If have probable cause to arrest person who retreats into his home, can arrest w/out warrant in home if necessary to prevent escape or destruction of evidence |
| MUST HAVE PROBABLE CAUSE THAT: | Offense has been committed AND Person to be arrested committed it |
| GUESS WHAT’s CONSTITUTIONALLY VALID: | --Roadblocks near border to search for undocumented aliens --Sobriety checkpoints |
| Affidavit to support a warrant | Can include hearsay Prior police record Information from an informant Does not have to meet technical evidentiary standards |
| FRANKS HEARING: | If claim that information in an affidavit was knowingly or recklessly false, court must test the adequacy of the affidavit without the false information (Franks v. Delaware) |
| TERRY v. OHIO Investigatory STOP (Terry Stop) | REASONABLE SUSPICION Police can detain a person briefly without probable cause. The detention is not an arrest. |
| TERRY STOP is Permissible when: | 1. Observation of unusual conduct; 2. Leading to reasonable suspicion of criminal activity; and 3. Ability to point to specific and articulable facts to justify the suspicion |
| WHAT IS REASONABLE SUSPICION? | REASONABLE SUSPICION: No bright line test Is something less than probable cause, but requires more than “mere suspicion” Suspicion must be based on specific, articulable facts |
| Scope and Duration of Terry Stop | Temporary and no longer than necessary to accomplish its purpose |
| FRISK (Terry v. Ohio) | Officer may conduct a limited patdown of a person’s clothing if officer reasonably believes he is in danger |
| Minnesota v. Dickerson | (plain feel ) |
| Expanded Terry: | In the context of a Terry stop and frisk, contraband doesn’t have to be in view. If a patdown for weapons reveals an object that by feel is immediately identifiable as contraband, it may be seized. |
| CAR FRISK | If police have lawfully detained an automobile and have an articulable suspicion that suspect may have weapons, can search those parts of passenger area that may contain weapons |
| AUTOMOBILE STOPS | Cant stop a single vehicle to check driver’s license and registration unless have a reasonable suspicion |
| AUTOMOBILE STOPS | BUT……. Even though stopping a person at a roadblock is a “seizure” for purposes of 4th amendment, is not unconstitutional if check every car, or every fifth car, or certain cars according to some neutral standard |
| Delaware v. Prouse | (Roadblocks are valid as long as they serve some legitimate law enforcement purpose) |
| Detention during a lawful search: | When executing a search warrant, police can detain persons present on the premises |
| FOURTH AMENDMENT PROHIBITS | UNREASONABLE SEARCH |
| REASONABLENESS: | Usually requires that a warrant be obtained before conducting search |
| REASONABLENESS: | • Must have standing to challenge a search under the fourth amendment • Must have a legitimate expectation of privacy • Determined on a case-by-case basis based on the totality of the circumstances |
| Always have standing when: | • Own or have right of possession to place searched • Was person’s home • Overnight guest of place searched |
| Legitimately on premises | • Own or have right of possession to place searched • Was person’s home • Overnight guest of place searched |
| If NO warrant, search is unconstitutional unless one of the exceptions is present. | • Be based on probable cause • Supported by oath or affirmation • Particularly describe what is to be searched and seized |
| Search Warrant does not allow: | • Search of persons who are on the premises but not named in the warrant |
| Detention during a lawful search when executing a search warrant, police can detain persons present on the premises | Supreme court used to analyze 4th amend applicability to searches based on whether the place searched was a place protected by the Fourth Amendment i.e. private property |
| KATZ v. U.S. | 4th Amendment protects: PEOPLE not PLACES Katz Says: Search falls within protections of Fourth Amendment when government intrudes into an area where a person has a REASONABLE EXPECTATION OF PRIVACY |
| No expectation of privacy in objects held out to the | PUBLIC |
| Things held out to PUBLIC: | • Handwriting • Sound of person’s voice • Telephone numbers dialed (pen registers) • Bank records • Paint on outside of car |
| Oliver v. U.S. OPEN FIELDS DOCTRINE : | No expectation of privacy in open fields Open fields = areas outside “curtilage” |
| CURTILAGE: | Dwelling house and nearby outbuildings |
| NOT ALL OUTBUILDINGS ARE CONSIDERED CURTILAGE Depends upon: | • Proximity to home • Whether within enclosure that surrounds home • Steps taken to prevent observation |
| FLY OVERS: | • Different than physical invasions of curtilage • Police can fly over as long as within air space where public is allowed |
| No Expectation of privacy in | abandoned property |
| EXCEPTIONS TO WARRANT REQUIREMENT | • Search incident to lawful arrest • Automobile exception • Plain view exception • Stop and frisk exception • Consent exception • Emergency Exceptions |
| Search Incident to Arrest | Can conduct a search without a warrant after a lawful arrest |
| What is lawful arrest? | • With a warrant or • Based on probable cause |
| What can be searched? (Incident to arrest) | • Full search of the person arrested • Areas within person’s immediate reach (wingspan) • Protective sweep of areas immediately adjoining place of arrest (where persons could be found) |
| AUTOMOBILE EXCEPTION | Must have PROBABLE CAUSE that moving vehicle or one that has temporarily stopped, contains fruits or instrumentalities of crime |
| HOW CAN PROBABLE CAUSE BE DEVELOPED AFTER A VECHICLE STOP? | Probable cause can develop after stopping vehicle… • If stop was lawful, what police observe can “ripen” into probable cause sufficient to justify warrantless search of vehicle |
| HOW CAN PROBABLE CAUSE BE DEVELOPED AFTER A VECHICLE STOP? | The Exigency of Car’s mobility • Excuses failure to get a warrant and can search ENTIRE car |
| PLAIN VIEW EXCEPTION | Police CAN seize items in plain view without a warrant if they are legitimately on the premises |
| STOP AND FRISK EXCEPTION | To warrant requirement (Terry Frisk) |
| CONSENT EXCEPTION | Police can search without a warrant if a voluntary consent is given (limited to scope of consent) |
| Any person with an equal right to use or occupy the property may | consent to search!!! |
| EMERGENCY EXCEPTIONS | • hot pursuit • Evanescent evidence (evidence likely to disappear) |
| ADMINISTRATIVE SEARCHES | Don’t need to show violations, just a general and neutral enforcement plan justifies issuance of a warrant |
| EXCEPTIONS TO WARRANT REQUIREMENT FOR ADMINISTRATIVE SEARCHES | Airport exception Contaminated food exception Highly regulated industries exception (liquor, guns, strip mining, automobile junkyards |
| PUBLIC SCHOOL EXCEPTION | • School officials do not need a warrant to conduct a search at school. • They only need REASONABLE grounds for their search |
Created by:
jgossett9548
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