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Crim Pro Final Exam
Final Exam rules
39
Law
Professional
04/29/2012

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Cards

Term
Dunn factors
Definition
Proximity, Use, Structures, Steps taken to protect
Term
U.S. v. Jones
Definition
4th amendment violation to place a GPS tracker without a warrant and monitoring is fruit of illegal search
Term
Informant rules
Definition
Gates test of credibility and reliability
Term
Credibility
Definition
Reputation, Is tip against interest, whether nature of the tip is reliable
Term
Reliability
Definition
Personal observation or participation, detail of information, whether the information could only have come from personal knowledge, corroboration
Term
Warrant
Definition
1. Must be supported by affidavit
2. Must have probable cause
3. Issued by a neutral and detached magistrate
4. Particularity in place to be searched or items to be seized
Term
Exclusionary rule
Definition
Applies to suppress evidence gained as the result of a constitutional violation
Term
Exceptions to exclusionary rule
Definition
1. Inevitable discovery
2. Independent source
3. Attenuation of the taint
4. Good faith
Term
Inevitable discovery
Definition
Nix v. Williams - when the information would have been discovered anyway
Term
Independent source
Definition
Segura v. U.S. - evidence obtained after lawful search
Murray v. U.S. - evidence they knew about obtained after unlawful search
Term
Four areas where there is no good faith
Definition
1. Affiant actually or recklessly gives false information
2. Affidavit is lacking in indicia of probable cause
3. Magistrate abandoned neutral role
4. Warrant is facially deficient in particularity
Term
Good faith
Definition
Officer has good faith that executing the warrant is valid
Term
Herring test
Definition
1. Has to be more than simple negligence - must be systematic
2. Exclusion has to outweigh the social costs of exclusion
Term
Ybarra v. Illinois
Definition
probable cause has to be particularized to an individual on the premises
Term
U.S. v. DiRe
Definition
any inference that everyone on the scene is a party to the crime once the guilty party is singled out must disappear
Term
Terry frisk of home
Definition
protective sweep for confederates
Term
Search incident to arrest
Definition
Limited to wingspan - including containers
Term
Plain view doctrine (plain touch, plain smell)
Definition
1. Police have to have lawful access
2. Not a result of a Fourth Amendment violation
3. Incriminating nature must be immediately apparent
Term
Rakas Test
Definition
1. Person must have a possessory interest in item seized
2. Reasonable expectation of privacy
Term
Anonymous tip
Definition
Never gives rise to reasonable suspicion or probable cause alone
Term
Probable cause
Definition
Whether at the time of the arrest facts and circumstances within the officers knowledge and of which they have trustworthy information were sufficient to warrant a prudent man into believing a person had committed or was committing a crime - around 50%
Term
Reasonable suspicion
Definition
around 30% - reasonable belief that someone has committed or is about to commit a crime
Term
Terry frisk of automobile
Definition
Allowed only when there is a reasonable belief that there are weapons
Term
Search incident to arrest in automobile
Definition
Arizona v. Gant -
1. Only if occupant has access to the vehicle, for officer safety
2. Only if there is a reasonable belief there is evidence of the crime of arrest
Term
Arrest
Definition
A seizure that: is determined by
1. Length of detention
2. Place of detention
3. Must be supported by probable cause
Term
Seizure
Definition
Significant interference with possessory interest or significant interference with freedom of movement
Term
When does a seizure occur?
Definition
When a reasonable person would not feel free to leave
Term
when does a confession violate due process?
Definition
1. Did the police subject the suspect to coercion?
2. Was the coercion sufficient to overcome the person's will?
Term
Difference between compulsion and coercion
Definition
Compulsion only makes it difficult for someone to assert their right to silence - Coercion is extreme enough to undercut someone's will
Term
custodial interrogation
Definition
1. When freedom of movement is deprived in a significant way (length and location)
2. Direct questioning or making statements designed to deliberately elicit an incriminating response
Term
Miranda Warnings
Definition
1. Right to remain silent
2. Know that any statements will be used in court
3. Right to an attorney
4. Attorney will be provided if you cannot afford one
Term
Fifth Amendment
Definition
Right against self-incrimination, due process of law
Term
Fourth Amendment
Definition
Right against unreasonable search and seizure, warrant requirements
Term
Sixth Amendment
Definition
Right to counsel
Term
Manson v. Brathwaite
Definition
Factor test for determining reliability -
1. Opportunity of witness to view the criminal at the time of the crime
2. Degree of attention paid by the witness
3. Accuracy of prior description
4. Level of certainty
5. Time between the identification and confrontation
Term
5th Amendment violation during identification
Definition
When there is "unnecessary suggestiveness" so as to give rise to a substantial likelihood of misidentification - makes the in-court and out-of-court ID inadmissible; but suggestive identification is admissible if reliable
Term
Sixth Amendment violation during identification
Definition
Line-up is a critical stage and counsel should be present, makes the out-of-court Id inadmissible, but the in court ID is admissible if there is independent observation
Term
Automobile exception
Definition
If there is probable cause to believe there is contraband in the vehicle, it can be stopped and searched without a warrant
Term
Exigent circumstances
Definition
1. Immediate destruction of evidence
2. Hot pursuit
3. Officer injury or inure to others
4. Prevention of escape
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