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. |