Karteikarten
CCJS 234 FINAL EXAM
Karten in diesem Stapel (34)
- 1What are the requirements for a "search incident to lawful arrest"?a. must be a lawful arrest;
b. search for evidence or weapons;
c. search limited to area within the person's wingspan ("leap and lunge");
d. search must be contemporaneous with arrest - does not matter
whether defendant is arrested and then searched or searched and then
arrested;
e. no probable cause or reasonable suspicion is required for search;
f. purpose is to prevent destruction of evidence AND officer safety;
g. search of passenger compartment and any containers, open or closed,
also OK if custodial arrest, so long as arrested person not handcuffed and placed away from car (Gant): if so, police MUST have reason to believe car contains evidence related to basis for arrest (“reason to believe”)(Gant)... but remember Chadwick (search MUST BE CONTEMPORANEOUS).
h. Cell phone search now requires SW with PC: Riley/Wurie (2014) - 2What are the requirements for a "protective sweep doctrine"?a, lawfully inside the premises;
b. reasonable articulable suspicion that someone who is armed and
dangerous may be present in the home;
c. search limited to places where a person could be found. - 3What are the requirements for "consent searches"?a. consent must be given by person who has apparent authority to give
consent, ownership not necessary, person who has control or authority over place to be searched can give consent;
1. Host-guest, H-W, landlord-tenant, employer-employee School official-student, parent-child, bailor-bailee
b. consent must be voluntarily given;
c. consent does not need to be written, person does not have to be
advised of his right to refuse consent, though this is factor in
establishing voluntariness;
d. no probable cause or reasonable suspicion required;
e. reasonable belief by officer that person had authority to given consent
will make search valid, even if person did not have actual authority;
f. consent given by one with proper interest in property;
g. scope of consent limits scope of search. - 4What are the requirements for "plain view doctrine"?a. prior valid intrusion into someone=s house, person, or expectation of privacy; lawfully present;
b. no additional intrusion upon someone=s expectation of privacy;
c. item must be in the open and readily observable without need to
further disturb it to know what it is;
d. readily apparent it is subject to seizure;
e. probable cause to believe item is contraband or evidence of a crime,
but separate warrant not necessary;
f. discovery need not be inadvertent. - 5What are the requirements for "automobile exception - and containers"?a. probable cause to believe vehicle contains contraband or evidence of a crime;
b. warrantless search based on diminished expectation of privacy in vehicles and ready mobility;
c. vehicle must be mobile or readily made mobile (exigency);
d. scope of search is limited to what officer has probable cause to believe
will be found, but can include teardown of car. - 6What are the requirements for "inventory searches"?a. lawful impoundment of the vehicle or property;
b. inventory made pursuant to standardized procedures; they need not be
written;
c. purposes: to protect person=s property, protect the police from false
claims, protect the police from any dangers;
d. some states limit scope and terms of inventory searches;
e. warrantless beeper monitoring by police not a 4th Amendment
violation if beeper or container could have been observed outside
curtilage of house. Otherwise, need warrant.
f. good comparison chart between inventory and Carroll search at end
of chapter - 7What are the requirements for "open fields/abandoned property"?a. 4th Amendment protection does not extend to open fields or
abandoned property
b. 2-pronged inquiry: is there a reasonable expectation of privacy? If
yes, is it one society is willing to recognize?
c. no reasonable expectation of privacy in open fields and abandoned
property
d. 4th Amendment extends to home and curtilage.
Definition of
curtilage not firm, but there is a commonly accepted 75' rule.
f. open fields not constitutionally protected. Therefore, can enter them
even if trespass, and search for and seize evidence.
g. overflights and trash runs are considered not to require a warrant, but
any observations of curtilage area may only be used to justify PC for
warrant
h. can enhance observations with binoculars and flashlights from open
fields into constitutionally-protected areas, but be cannot take too far,
e.g. thermal imaging is too intrusive - 8What are the CURTILAGE requirements for "open fields/ abandoned property"?1. proximity to home;
2. enclosed with the home, i.e., fenced;
3. nature of its use;
4. steps taken to prevent observation from outside the property.
Also consider whether area is used for activities associated with
home life. - 9What are the ABANDONMENT requirements for "open fields/abandoned property"?A. nature of place where property is left;
B. other circumstances which indicate an intent to abandon; C. police behavior-lawfulness in acquiring property;
D. whether person maintained an expectation of privacy B
leaving it unattended for a long period of time; words or
actions disclaiming ownership of the item. - 10History of Mirandaa. Voluntariness test (Brown v. Mississippi)(1936)
b. Switch to 6th Amendment Afocus of investigation@ test, where attorney
had to be present to conduct interrogation - 11What are the requirements for Miranda?Custody, interrogation, warnings, waiver.
c. Custody requires reasonable man test regarding whether person is free
to leave
d. Consider location of interrogation to determine whether custody exists
e. Volunteered statements, routine booking questions, clarifying
questions, spontaneous questions and public safety questions are not interrogation - 12What is the Mosley rule?if invoke right to silence, can still question later if wait
reasonable time and re-Mirandize. Rule is offense-specific and
agents generally entitled to question about unrelated case - 13Edwards Rule (now old)If invoke right to counsel, no more
questions, with possible offense-specific exception. 2010: Shatzer
now a 14-day rule - 14Massiahcan=t use undercover cop to extract confession from charged
defendant represented by counsel - 15WavierWritten/oral and must be voluntary, knowing and intelligent
- 16TRUE OR FALSE Statements taken in violation of Miranda can still be used to impeach and technical violation may not lead to exclusion of fruit of violationTRUE
- 17FOCUS OF INVESTIGATION TEST6th Amendment right where attorney had to be present to conduct interrogation
- 18PROTECTIVE SWEEP DOCTRINEAllows for the search of the residence if you are lawfully inside the premises and have reasonable articulable suspicion that someone who is armed and dangerous may be present in the home; limited to places where a person can be found
- 191ST AMENDMENTFreedom of speech, religion, assembly and freedom of press
- 202ND AMENDMENTThe right to bear arms
- 213RD AMENDMENTNo Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
Simple terms: Right to refuse housing to soldiers - 224TH AMENDMENTProtection against searches and seizures (w/o probable cause) have a right to be free from unreasonable searches and seizures
- DO NOT have a right from REASONABLE searches and seizures - 235TH AMENDMENTProtection against double jeopardy,
- CANNOT be tried for the same crime with the same SOVEREIGN, privilege against self-incrimination, right to a grand jury in the federal system (not necessarily in the state system) for a felony
- cannot be deprived of life liberty or property without….
- Eminent domain: government takes your property and gov must compensate you - 246TH AMENDMENTRight to speedy trial by impartial jury, must be informed what the individual is being charged with, right to confrontation (judge must call witness), right to assistance from council.
- 257TH AMENDMENTapplies only to federal civil trials, not to civil suits in state courts
- if the bail exceeds 20 dollars, individual has the right to a trial by jury of 12 people - 268TH AMENDMENTRight against cruel and unusual punishment and right against excessive bail
- 279TH AMENDMENTAllows people to reserve right from things that aren’t in the constitution
- 2810TH AMENDMENTany power that is not given to the federal government is given to the people or the states.
- 2914TH AMENDMENTAll persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. ... The 14th amendment is a very important amendment that defines what it means to be a US citizen and protects certain rights of the people
- 30(TWO PEOPLE WITH COMMON AUTHORITY) WHEN TWO PEOPLE HAVE COMMON AUTHORITY AND IN THE HOUSE TOGETHER, ONE SAYS NO ONE SAYS YES, THE ____ CONTROLS. WHEN NOT IN THE HOUSE TOGETHER, THE _____ CONTROLS.no
yes - 31Proceeds property vs. facilitation property1. Proceeds property: stuff involved directly in offense
2. Facilitation property: assists in commission of the offense - 32The WatchWord of MirandaCustody
Interrogation
Warnings
Waiver - 33What is NOT interrogation?- Volunteer statements or blurts
- Routine questioning (booking questioning)
- Spontaneous questioning (QUESTION IS A HUMAN EMOTIONAL RESPONSE LIKE “OMG OMG WHAT HAPPENED?!!!”)
- Clarifying questions (exception to Miranda Rule: ex - someone walks into police station and confesses to a crime. Detective says “What did you do” that is considered CLARIFYING) (CLARIFYING AND SPONTANEOUS QUESTIONING OVERLAP)
- Public safety questions (Quarles) (QUESTIONS THAT ARISE IN ORDER TO ALLEVIATE IMMEDIATE DANGER OF GENERAL PUBLIC) - 34Pretrial Identificationa. Implicates 5th and 6th Amendments.
b. Line-ups, show-ups, photo-spreads (use at least 6 subjects).
c. All procedures must be fair and not unduly suggestive (5th
Amendment Due Process).
d. If post-indictment, pre-trial line-up, it is A critical stage and defendant
has right to lawyer, though can waive right.
e. If procedure violates 5th and 6th Amendments, may preclude in-court
identification by witness.
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- Criminal Justice Karteikarten am CCJS 234 FINAL EXAM, erstellt von Jocelyn Lopez am 14/05/2019.
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- Jocelyn Lopez
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