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Criminal Law Final

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
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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