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MBE Crim. Law III
Introduction to Criminal Procedure
| Term | Definition |
|---|---|
| Approach to Criminal Procedure | 1-Standing-Possessory interest in place or thing? 2-State Action-is there a gov't actor involved 3-Timing- pre or post indictment or arrest 4-Req's reas. suspicion, probably cause 5-Exceptions |
| Presumptions | -Shifts the burden of production to the opposing party -Must be accepted as true -A jury instruction creating a presumption as to an element of the crime charged is unconstitutional and violates due process |
| Basis for Appeal | -Right to Jury Trial - Arises where imprisonment for more thatn 6 months is possible -Right to Counsel-Arises for felonies or misdemeanors where imprisonment is actually imposed |
| Reasonable Expectation of Privacy | -If there is REP, then police intrusion constitutes a search -If there is no REP, then police intrusion is not a search |
| Standing | D must have a possessory interest in the premises searched in or the items seized. |
| Search | 1-Probable Cause 2-Warrant req', unless an exception applies a)Stop and Frisk b)Search incident to arrest c)Plaint view d)Automobile e)Consent f)Hot Pursuit g)Exigent circumstances |
| Inventory Search | A routine search to protect the arrestee's personal items and safeguard the police from any claims of theft. |
| Curtilage | The land immediately surrounding a house or dwelling, including any closely associated buildings and structures, but excluding any associated "open fields beyond". |
| "Open Fields" Doctrine | -Applies to the area beyond the "curtilage" -No REP -No 4th Amendment protection -A view of "open fields" is NOT a search |
| "Consent" Search | Consent extends to all areas where a person with an apparent equal right to use or occupy the property would have joint access to control. -Co-habitant? -Shared area? -Child? -Burden on police |
| Dog Sniff | -A dog sniff of the exterior of a lawfully stopped vehicle does NOT constitute a search -A positive canine alert provides probable cause to search. |
| Warrant Requirements I | -A search may be issued only by a neutral, disinterested magistrate -Search warrants req probably cause, oath or affirmation, and a particular description of the place and object of the search to meet constitutional req's |
| Warrant Requirements II | -A sworn statement of facts showing probable cause to search a particular place for particular items. -A standard for probable cause is obj, meaning that there is sufficient info to persuade a reas. person that a certain place contain evid of a crime |
| Protective Sweep I | -A sweep of the area immediately around the arrestee, and the path, walk or hallways directly to and from him and the entrance to the residence -The purpose is to ensure the security of the law enforcement officers |
| Protective Sweep II | -The protective sweep must be limited to a cursory inspection of places where a person may hide, and last no longer than is necessary to dispel a reas. suspicion of danger |
| Miranda | Law Enforcement officials are req to administer warnings in order to protect an indv who is in custody and subject to direct questioning or its functional equivalent -Prevents against violations of indiv fifth amd. right against compelled self-incrim. |
| 6th Amendment Right to Counsel | -Prevents deliberate elicitation of incriminating statements once formal charges have been filed (Critical stages) -Actual waiver is req' |
| Double Jeopardy | The act of putting a person through a second trial for an offense for which he or she has already been prosecuted or convicted. |
Created by:
Gkell001
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