Term
| What are the six exceptions to the warrant requirement for searches? |
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Definition
1. Search incident to lawful arrest
2. "auto" exception
3. plain view
4. consent
5. stop and frisk
6. hot pursuit
(CHAPSS) |
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Term
| search of automobile incident to arrest |
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Definition
| police may conduct a search of the car incident to arrest only if at the time of the search: (1) arrestee is unsecured and still may gain access to the car or (2) the police reasonably believe that evidence of hte offense for which the person was arrested may be found in the vehicle. |
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Term
| what is the "auto exception" |
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Definition
| if cops have p/c to believe that a vehicle contains evidence of a crime, they may search the WHOLE car and any containers in the car that could contain the item being searched for. |
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Term
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Definition
| a warrantless search is valid if the police have a VOLUNTARY and INTELLIGENT consent. Knowledge of the right to withhold consent is NOT a prereq. to establishing voluntary and intelligent consent. Scope of search is limited by scope of consent. |
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Term
| what is the requirement for searches of students at public school? |
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Definition
| REASONABLE GROUNDS. must have moderate chance of finding evidence, the measures adopted must be reasonably related to the objerctives and the search can't be overly intrusive |
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Term
| Use of unlawfully obtained confession for impeachment |
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Definition
| statements obtained in violation of Miranda rules may be used to impeach the defendant's trial testimony, but MAY NOT BE USED AS EVIDENCE OF GUILT |
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Term
| What are the consequences of a "question first, warn later" interrogation tactic? |
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Definition
| If po po obtain a confession from a detainee without giving Miranda and then give Miranda and obtain a subsequent confession, the subsequent confession will be inadmissible if the "question first, warn later" nature of the questioning was intentional. However, a subsequent valid confession may be admissible if the original unwarned questioning seemed unplanned and the failure to give Miranda seemed inadvertent |
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Term
| Does a defendant have right to counsel at photo id or when cops take physical evidencev such as handwriting exemplars or fingerprints? |
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Definition
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Term
| Can an ID be attacked on due process grounds? how? |
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Definition
| A D can attack and ID as denying due process if the Id is unnecessarily suggestive and there is a substantial likelihood of misidentification |
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Term
| what is the remedy for a speedy trial violation? |
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Definition
| dismissal with prejudice! |
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Term
| What is meant by INCOMPETENCY TO STAND TRIAL? |
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Definition
It is based on the defendant's mental condition AT THE TIME OF THE TRIAL. If D later regains his competency, he can then be tried and convicted
contrast this with insanity, which relates to a D's mental condition at the time he committed the charged crime. |
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Term
| When is a D competent to stand trial? |
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Definition
| Incompetent if D either lacks a rational as well as factual understanding of the charges and proceedings or lacks sufficient present ability to conslut iwth his laywer with a reasonable degree of understanding |
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Term
| When does a D have right to jury trial? |
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Definition
| if imprisonment for more than six months is authorized. |
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Term
| Must a juror opposed to death penalty be excluded from venire? |
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Definition
| It must be determined whether the juror's views would prevent or substantially impair performance of his duties in accordance with his instructions and oath. |
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Term
| When does double jeopardy attach? |
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Definition
| When jury is empaneled and sworn or, in the case of a bench trial, when the first witness is sworn. Jeopardy does not attach in CIVIL proceedings, but it does in juvenile proceedings |
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Term
| what are the exceptions for permitting retrial after jeopardy has attached? |
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Definition
1. hung jury
2. when there is manifest necessity to abort the original trial or when termination occurs at the behest of the defendant on any ground not constituting an acquittal on the merits.
3. New evidence is discovered
NOTE that a state may retry a D who has successfully appealed a criminal conviction unless the ground for reversal was insufficient evidence to support a guilty verdict. However, retrial may not be for a GREATER offense than the one for which he was convicted. |
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Term
| what is the test for review when prosecution comments on D's invocation of his right against self-incrimination? |
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Definition
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