Term
|
Definition
| Illegal searches and seizures |
|
|
Term
|
Definition
|
|
Term
|
Definition
|
|
Term
|
Definition
|
|
Term
|
Definition
|
|
Term
|
Definition
|
|
Term
Silverthorne Lumber
Justice: Holmes |
|
Definition
| ER + Fruits of illegal search excluded |
|
|
Term
Wolf V. Colorado
Justice Frankfurter |
|
Definition
| 4th applied to States, not the ER |
|
|
Term
Mapp v. Ohio
Justice Clark |
|
Definition
|
|
Term
US v. Calandra
Justice Powell |
|
Definition
| ER balancing test, not applied to GJ, used for deterrence |
|
|
Term
|
Definition
| Good faith reliance on warrant OK |
|
|
Term
Groh v. Ramirez
Justice Stevens |
|
Definition
| Warrant must be correct in PARTICULARITY |
|
|
Term
Sancez-LLamas v. Oregon
Justice Roberts |
|
Definition
| ER not applied unless treaty requires it. |
|
|
Term
Wong Sun v. US
Jusice Brennan |
|
Definition
| Fruit of the Poisonous tree doctrine and attenuation. |
|
|
Term
Brown v. Illinois
Justice Blackmon |
|
Definition
| Confession after illegal arrest + Miranda not allowed, Continuing wrong. |
|
|
Term
Dunaway v. NY
Justice Brennan |
|
Definition
| Confession + MIranda after illegal arrest not allowed, totality test now. |
|
|
Term
Rawlings v. KY
Justice Rehnquist |
|
Definition
| Confession + Miranda, illegal arrest allowed, TOTALITY TEST |
|
|
Term
Taylor v. Alabama
Justice Marshall |
|
Definition
| Time + Miranda does not purge taint. TOTALITY TEST. |
|
|
Term
Nix v. Williams
Justice Burger |
|
Definition
| Inevitable discovery rule |
|
|
Term
Rakas v. Illinois
Justice Rehnquist |
|
Definition
| ER Standing, apply Katz, reasonable expectation of privacy, objective + subjective |
|
|
Term
Brendlin v. Ca.
Justice Souter |
|
Definition
| No REOP for car passenger. |
|
|
Term
Henry v. US
Justice Douglas |
|
Definition
| Arrest: Libery has been restricted in some significant way |
|
|
Term
Ca. v, Hodari
Justice Scalia |
|
Definition
| Redefined arrest to when your liberty is restrained |
|
|
Term
|
Definition
Level for arrest is PC
PC is reasonable ground for belief of guilt |
|
|
Term
|
Definition
| Arrest warrant-suspect at home-no search warrant needed |
|
|
Term
|
Definition
| Arrest warrant + suspect at friends house-need SW |
|
|
Term
|
Definition
Stop & pat down for weapons allowed.
Reasonable suspicion. Plain feel. |
|
|
Term
Michigan v. Summers
Stevens |
|
Definition
| SW allows for house allows search of occupants |
|
|
Term
|
Definition
| If a reasonable person would have believed he is not free to leave, then a stop has occurred |
|
|
Term
Florida v. Bostick
O'Connor |
|
Definition
| Bus search is not a stop of a person, can leave bus. |
|
|
Term
|
Definition
| Ordering person out of car for protectionis allowed |
|
|
Term
|
Definition
|
|
Term
|
Definition
|
|
Term
|
Definition
|
|
Term
|
Definition
| Protective sweep allowed. |
|
|
Term
|
Definition
| Fed ex opened package, not govt operative, search allowed. |
|
|
Term
|
Definition
|
|
Term
|
Definition
|
|
Term
|
Definition
| Repudiates trespass doctrine |
|
|
Term
|
Definition
| Reasonable expectation of Privacy, subjective and objective tests. |
|
|
Term
|
Definition
| Open fields doctrine (Katz standard) |
|
|
Term
|
Definition
|
|
Term
|
Definition
| Magistrate too involved, no neutrality |
|
|
Term
|
Definition
| Magistrates paid on warrants issued, no neutrality |
|
|
Term
Illinois v. Gates
Rehnquist |
|
Definition
| Anon informat, totality test, overruled Aguilar-Spinelli |
|
|
Term
Florida v. J.L.
Bugeyed Ginsburg |
|
Definition
| Truly Anon informant cannot support PC |
|
|
Term
Franks v. Delaware
Blackmun |
|
Definition
| 4 corners rule for the warrant, no oral support |
|
|
Term
|
Definition
| Warrant must PARTICULARY DESCRIBE what to seize. |
|
|
Term
|
Definition
| Anticipatory searches allowed, must state in the warrant. |
|
|
Term
|
Definition
|
|
Term
|
Definition
| ER does not apply to violation of Knock & Announce |
|
|
Term
|
Definition
| Lawful arrest=lawful search |
|
|
Term
|
Definition
| Winspan of the suspect search allowed |
|
|
Term
|
Definition
| Lawful arrest=lawful search |
|
|
Term
|
Definition
Non custodial arrest=no valid search
Traffic ticket was issued. |
|
|
Term
Atwater v. City of Lago Vista
Souter |
|
Definition
| Traffic stop plus outrageous behavior led to arrest, valid search |
|
|
Term
|
Definition
| Automobile doctrine, car ONLY |
|
|
Term
|
Definition
| Seized car can be searched at later time. |
|
|
Term
|
Definition
| Cannot search containers in the car, need SW OVERRULED BY ROSS |
|
|
Term
|
Definition
| Valid search of car allows search of containers. Overrules Chadwick |
|
|
Term
|
Definition
| Hot pursuit,do not need SW |
|
|
Term
|
Definition
| Bodily fluids search OK, draw blood, not pump stomach. |
|
|
Term
US v. Montoya de Hernandez
Rehnquist |
|
Definition
| Border=no REOP, search is allowed. |
|
|
Term
|
Definition
Plain view doctrine
Search overturned due to AG issuing. |
|
|
Term
|
Definition
| Must be in Plain View, no manipulation of objects |
|
|
Term
|
Definition
| Pretextual stop is OK to support search with Plain View |
|
|
Term
Schneckloth v. Bustamonte
Stewart |
|
Definition
| Consent for search must be voluntary |
|
|
Term
|
Definition
| Objective standard for consent, racial background not a factor asking for ID not a seizure |
|
|
Term
|
Definition
| Can limit search, Search is extended to reasonable area where permission is given. |
|
|
Term
|
Definition
| 3rd party resident can consent to common areas not unique areas. |
|
|
Term
Randolph v. Georgia
Souter |
|
Definition
| Any person with REOP can withdraw consent, Husband/wife |
|
|
Term
Camara v. Minicipal Ct.
White |
|
Definition
| Regulatory Search, balancing test, Need v. Invasion of Privacy. |
|
|
Term
|
Definition
| School search Need v. Invasion, Teachers not govt actors for LE purposes, Search allowed. |
|
|
Term
|
Definition
Parolees subject to search w/o warrant.
Lower level: Reasonable suspicion |
|
|
Term
| National Treasury Employees CU v. Von Raab |
|
Definition
| Drug testing OK if sensitive job. |
|
|
Term
Cady v. Dombrowski
Rehnquist |
|
Definition
Search as community caretaker allowed.
Car search after being told gun was there. |
|
|
Term
|
Definition
| Search after impound allowed |
|
|
Term
|
Definition
| Search subsequent to emergency situation allowed for reasonable time period after. |
|
|
Term
|
Definition
| Statute cannot override 4th even in murder case. |
|
|
Term
|
Definition
| Body bug recording allowed. |
|
|
Term
|
Definition
| Tech assited search, military grade hardware not allowed. REOP. |
|
|
Term
|
Definition
| Incidental dog sniff allowed. Not high tech. |
|
|
Term
|
Definition
| 5th applies to civil proceedings that might result in criminal charges. Threat of sanctions is compulsion |
|
|
Term
Piemonte v. US
Frankfurter |
|
Definition
| Can compel testimony in non criminal case if if cannot be used in criminal action. |
|
|
Term
|
Definition
| 5th applies to criminal only. Legislature decides if crim or civil. |
|
|
Term
|
Definition
| Accountant cannot claim 5th. must be whom the complusion is directed. NO 3rd PARTY. |
|
|
Term
|
Definition
| Previously prepared docs not protected by 5th. |
|
|
Term
|
Definition
| Name and ID is not incriminating evidence for 5th |
|
|
Term
Brown v. Mississippi
Hughes |
|
Definition
| Confessions must be voluntary |
|
|
Term
|
Definition
| Applied voluntary confession requirement (Brown) to Federal level |
|
|
Term
|
Definition
| Psychological torture not allowed for voluntary confession |
|
|
Term
|
Definition
| Right to lawyer AFTER indictment. Due process is violated by interrogation by govt or agents (UC Agent) 6th protects. |
|
|
Term
|
Definition
| Right to counsel upon arrest.OVERRULED AND EXTENDED BY MIRANDA |
|
|
Term
|
Definition
|
|
Term
Berkemer v. McCarty
Marshall |
|
Definition
| Reasonable person test for "arrest" and Miranda requirement |
|
|
Term
Rhode Island v. Innis
Stewart |
|
Definition
| Interrogationis questions designed to illicit incriminating response |
|
|
Term
|
Definition
| Miranda only applies to the charge broguht against you. |
|
|
Term
|
Definition
| False friend technique allowed. |
|
|
Term
|
Definition
| Statements taken in violation of Miranda can be used to impeach |
|
|
Term
Colorado v. Connelly
Rehnquist |
|
Definition
| Nutcase was rambling making statements, no Miranda, allowed. |
|
|
Term
|
Definition
| Miranda IS a constitutional rule and 3501 is unconstitutional. |
|
|
Term
|
Definition
| Public safety exception to Miranda, Miranda should be given in short time after making safe. |
|
|
Term
|
Definition
| Re-questioning after Miranda is allowed. |
|
|
Term
|
Definition
| Policy of not Mirandizing, confessionnot allowed. |
|
|
Term
|
Definition
| If Miranda is refused, ER/FOTPT does not apply. |
|
|
Term
|
Definition
| Suspect only has right to cut off questioning, may continue talking. |
|
|
Term
|
Definition
| No waiver of rights by silence. |
|
|
Term
|
Definition
| Must re-Mirandize after a waiver of silence or right to counsel |
|
|
Term
|
Definition
| Invocation of Right to Counsel must be unequivocable |
|
|
Term
|
Definition
| Prelim hearing w/in 48 hours of no PC or warrant. 30 days too long to wait. |
|
|
Term
|
Definition
| Ineffective counsel=no counsel. Violates 6th |
|
|
Term
Gideon v. Wainwright
Black |
|
Definition
| Right to counsel inc against States |
|
|
Term
Argersinger v. Hamlin
Douglas |
|
Definition
| Right to counsel for jailable offense, no right ot CHOOSE the counsel |
|
|
Term
|
Definition
| 6th applies at any critical stage |
|
|
Term
Caplan & Drysdale Chartered v. US
White |
|
Definition
| Potentially forfeitable monies cannot be used to pay counsel |
|
|
Term
|
Definition
| Right to Counsel on ONE appeal. |
|
|
Term
|
Definition
| Anders brief to Coirt required on meritless appeal. |
|
|
Term
|
Definition
| Defendant has a right to trial transcripts for appeal. |
|
|
Term
|
Definition
| Right to expert witnesses of COURT'S choosing |
|
|
Term
Strickland v.Washington
O'Connor |
|
Definition
| 2 factor test to show ineffective counsel.Reasonable performance and prejudice. |
|
|
Term
|
Definition
| Ineffective counsel, had 25 days to learn case. |
|
|
Term
|
Definition
| Cannot rep 2 clietns with even potential conflict. |
|
|
Term
|
Definition
|
|
Term
|
Definition
| Cannot discriminate in selection of GJ |
|
|
Term
|
Definition
| Cannot increase charges just because suspect appeals. |
|
|
Term
Blackledge v. Perry
Sewart |
|
Definition
| Increasig charge is not vindictive if based on new evidence. |
|
|
Term
|
Definition
| Prosecution may decide what statute to proceed under. |
|
|
Term
Yick Wo v. Hopkins
Matthews |
|
Definition
| Must enforce statutes in non discrimanatory manner. |
|
|
Term
|
Definition
| 3 part test to determine discriminatory enforcement. |
|
|
Term
|
Definition
| Prosecutor cannot allow perjury for conviction |
|
|
Term
|
Definition
| Prosecutor MUST disclose exculpatory evidence. |
|
|
Term
|
Definition
| Exculpatory evidence must be material |
|
|
Term
|
Definition
| General vs Specific request for exculpatory evidence. |
|
|
Term
|
Definition
| Important Aspects of Reasonable Probability standard 4 part test |
|
|
Term
|
Definition
| Clock starts when formal charge is made for speedy trial purposes. |
|
|
Term
|
Definition
| Speedy trial only applies to criminal trials What is the sanction? Only remedy is dismissal |
|
|
Term
|
Definition
| does not extend to photographic lineups only live lineups |
|
|
Term
|
Definition
| Polic cannot guide witness in lineup |
|
|
Term
|
Definition
| Plea bargains are allowable |
|
|
Term
|
Definition
Alford Plea, no admissionof guilt
Plea must be made knowingly, voluntarily, and intelligent |
|
|
Term
Bordenkircher v. Hayes
Stewart |
|
Definition
| Pleas must be voluntary and have factual basis. |
|
|
Term
|
Definition
| 6th right to jury trial incorporated and applied to the states. |
|
|
Term
|
Definition
| 12 is not a mgic number for jurors. Can be less. |
|
|
Term
Witherspoon v. Il.
Stewart |
|
Definition
| Right to voir dire potential jurors |
|
|
Term
|
Definition
| Cannot dicriminate in jury selection |
|
|
Term
|
Definition
| Batson challeneg for pattern of dicrimination in jury selection |
|
|
Term
Holland v. Illinois
Scalia |
|
Definition
| The due process interest in jury selection is the JURYs right. Uses 2 part test from Batson. |
|
|
Term
Johnson v. California
Stevens |
|
Definition
Deals with 1st prong of Batson.
Johnson, you can satisfy the prima facie case based on showing a pattern of discrimination. |
|
|
Term
Georgia v. McCollum
Blackmun |
|
Definition
| Either side can raise a Batson challenge |
|
|
Term
|
Definition
| Cannot discriminate against jurors based on gender. |
|
|
Term
Ward v. City of Monroeville
Brennan |
|
Definition
| Executive branch member (mayor) serving as judicial member, not impartial |
|
|
Term
|
Definition
| Pre-Trial publicity: Test is not whether a person has heard about the case, it is if they can set aside what they have heard and judge the merits of the case. |
|
|
Term
| Sheppard v. Maxwell Fugitive case |
|
Definition
| Ct must balance Con guarantees of 1st and 6th amendments. Ct may place reasonable restrictions on both right to fair trial and right of press access. |
|
|
Term
|
Definition
| Right to public trial is both the defendant;s and the public's. Balancing test. |
|
|
Term
Gannett Co. Inc v. Depasquale
Stewart |
|
Definition
| Closure of Pretrial Hearing – Reasonable Probability of prejudice test |
|
|
Term
Richmond Newspapers v. Va
Burger |
|
Definition
| Right of press to attend the trial is guaranteed absent a compelling reason. |
|
|
Term
|
Definition
| Defendants conduct waived his right to be present to face accusers. |
|
|
Term
|
Definition
| Competency hearing must be held if sufficient doubt exists as to present competence |
|
|
Term
Griffin v. California
Douglas |
|
Definition
| Noting defendant took the 5th in closing statement is violation of 5th and 6th rights. |
|
|
Term
|
Definition
| Confrontation Clause is subject to hearsay exceptions. |
|
|
Term
|
Definition
"Bruton problem" with A&B defendants tried togehter
Solution: try them separately, or or redact and edit the statement of A. |
|
|
Term
|
Definition
| Confrontation Clause does not guarantee cross-exam of witnesses against you – it guarantees opportunity to cross-exam. |
|
|
Term
|
Definition
| Statement against one’s pecuniary interests is NOT a firmly rooted hearsay exception to equal indicia of reliability under Roberts. |
|
|
Term
Crawford v. Washington and Davis v. Washington
Scalia |
|
Definition
| Look at nature of sstatements if testimonial, excluded. |
|
|
Term
Benton v. Maryland
Marshall |
|
Definition
| Incorporation of Double Jeopardy to the states via the 14th. |
|
|
Term
|
Definition
| DJ attaches:When jury is sworn, beginning of trial, for a bench trial, when 1st witness is asked the first question. |
|
|
Term
|
Definition
| Does DJ apply if civil and criminal penalties apply? Look to intent of legislature, if intentional, allowed. |
|
|
Term
|
Definition
| DJ does not attach on appeal, seen as a continuation. |
|
|
Term
|
Definition
Error of law was that the evidence was insufficient as a matter of law. Case should have never gone to the jury.
DJ attaches. |
|
|
Term
|
Definition
Error of law was that the evidence was insufficient as a matter of law. Case should have never gone to the jury.
DJ attaches. |
|
|
Term
Illinois v. Somerville
Rehnquist |
|
Definition
Mistrial due to no fault of the prosecutor. Retrial is allowed, DJ does not attach.
Hung jury. |
|
|
Term
Oregon v. Kennedy
Rehnquist |
|
Definition
Prosecution misconduct, DJ attachment depends on degree of misconduct.
Not all misconduct implicates DJ.
If prosecutor intends to cause mistrial, DJ attaches. |
|
|
Term
|
Definition
| Collateral estoppel prevents being retried for same violation |
|
|
Term
Blockburger v. US
Sutherland |
|
Definition
| Same offense test, same elements |
|
|
Term
|
Definition
| Multiple Punishments for the Same offense. If the legislature clearly intended that result then yes. |
|
|
Term
|
Definition
Dual Sovereigns: State & Fed. 6th prevents multiple punishments by same sovereign.
No DJ for federal + state prosecution. |
|
|
Term
Bartkus v. Illinois
Frankfurter |
|
Definition
Tried in Fed Court, acquitted
State prosecutor indicted and convicted him.
Claimed DJ, SC said no, different sovereigns. |
|
|
Term
|
Definition
| 2 states as dual sovereigns..both can try defendant. |
|
|
Term
Chapman v. California
Black |
|
Definition
Harmless Constitutional Error
Standard is if it can be said beyond a reasonable doubt that despite the Constitutional error the Δ received a fair trial the error is harmless. |
|
|
Term
Linkletter v. Walker
Clark |
|
Definition
Retroactivity of new rulings to cases on appeal.
Is it a new rule of law?
If yes it applies to any case on appeal. Of no, does not apply to cases in the pipeline |
|
|
