1.  A voluntary confession taken in violation of Miranda requirements.

2.  Evidence obtained from an ilelgal search

May be used by prosecution to impeachment defendent, but not others

1.  Gov't can show that it had an Independent Source for that evidence, independent of police illegality.

2.  Police would have Inevitably Discovered evidence anyway

3.  Intervening acts of free will on the part of the defendant (Ex:  D is illegally arrested but then returns to confess.

+1:  Violations of the knock and announce rule

Resulting conviction should be overturned on appeal unless the gov't can show beyond reasonable doubt that the error was harmless.

NOTE:  special rule for habeas proceeding:  error had substantial and injurious effect or influence in determining jury's verdict

1.  reasonable suspicion (totality of the circumstances), supported by

2.  articulable facts of criminal activity

EXCEPT:  

1.  checkpoint roadblocks, where police stop cars w/o individualized suspicion

2.  pretextual stops:  police may stop for violating traffic law, even if they have ulterior motive to investigate for other law

1.  Is there governmental conduct?

2.  Is there a reasonable expectation of privacy [ie Standing?]

3.  Did police have valid search warrant?

4.  If warrant not valid, do officers have good faith defense to save defective warrant?

5.  Is there an exception to the warrant requirement?

1.  Publicly paid police (not private, unless deputized with power to arrest)

2.  Private individual acting at the direction of the public police (asking someone to search for them)

Where?  Step 1 of search and seizure inquiry.  If no gov't conduct, cannot challenge under 4th Amendment

Who has automatic standing in search and seizure cases (3)?  Who sometimes has standing?  What do they all have?

They have a reasonable expectation of privacy.

Always standing:

1.  Own the premises searched

2.  Live on the premises searched, whether they have ownership or not

3.  Overnight guests

Sometimes standing:

You own the property seized, only of you have reasonable expectation of privacy in item or area searched.

1.  probable cause (fair probability that evidence will be found)

2.  particularity (reasonably precise in place to be searched + things to be seized)

An officer need not "knock and announce" if knocking and announcing would be:

dangerous,

futile, OR

inhibit the investigation

1.  false statement was included in the affidavit by affiant

2.  affiant intentionally or recklessly included the false statement; and

3.  the false statement was material to the finding of probable cause

1.  The arrestee is unsecured and still may gain access to the interior of the vehicle

OR

2.  The police reasonably believe that evidence of the offense for which the person is arrested may be found in the vehicle

BARKK

Burglary, Arson, Rape, Robbery, and Kidnapping

1) an agreement between 2 or more persons (2 guilty minds)

2)  an intent to enter into the agreement

3) intent by at least two persons to achieve the objective of the agreement

Withdrawal not a defense to conspiracy, but may be a defense to crimes committed in furtherance of the conpsiracy.

Requires affirmative act that notifies all members of the conspiracy of withdrawal.

Breaking

and entry

of the dwelling

of another

at nighttime

with the intent of committing a felony therein

A taking

and carrying away

of tangible personal property

of another

by trespass

with intent to permanently (or for an unreasonable time) deprive the person of interest in the property

1) Attempt to commit a battery; OR

2) the intentional creation (other than by mere words) of a reasonable apprehension in the mind of the victim of imminent bodily harm.

Obtaining title to the property of another

By an intentional (or knowing) false statement of past or existing fact

with intent to defraud the other

Police officers:  Only if necessary to prevent a felon's escape AND the felon threatens death or serious bodily harm.

Private persons:  only if the person harmed was actually guilty of the offense for the reason the arrest was made

Person must give aid counsel, or encouragement to pricipal with the intent to encourage the crime.

Mere knowledge that a crime will result is not enough, unless person procures illegal item or sells at higher price because of buyer's purpose

If D wrongfully takes property without the intent to permanently deprive and later decides to keep the property, she is guilty of larceny when she decides to keep it.  

However, if the original taking was not wrongful, and she later decides to keep it, it is not larceny.

Making or altering

a false instrument (NOTE:  falsity is about instrument, not contents)

with the intent to defraud

Larcen consists of a taking and carrying away of tangible personal property of another by trespass, with intent to permanently (or for an unreasonable time) deprive the person of his interest in the property.  

If the person in possession of property has not consented to the taking of it by the defendant, the taking is trespassory.  However, if the victim consents to the defendant's taking possession of the property, but such consent has been induced by a misrepresentation, the consent is not valid, and you have larceny by trick