Flashcards
Criminal Procedure
Cards in this deck (20)
- 1Unprotected areasPhysical Characteristics
Odors
Garbage
Open Fields
Airspace
Financial Records
Pen registers - 2Use of informants to get a warrantCommon law: "common sense practical" determination that probable cause exists
NY: must prove informant's reliability AND basis of knowledge - 3Good faith exception to warrantNY: No
Common test: knowing or reckless falsehoods that are necessary to the probable cause finding - 4Knock and AnnounceUnless futile, dangerous, or inhibit investigation.
Lack of compliance doesn't mean evidence excluded - 5Warrantless search exceptions ESCAPISTExigent circumstances (evanescent, hot pursuit, emergency aid)
Search incident to arrest
Consent
Automobile
Plain View
Inventory
Special Needs
Terry Stop and Frisk - 6Search Incident to ArrestWingspan
NY: to open containers, must suspect armed
Automobiles: not trunk
NY Automobile: once occupant out of car, police can't search containers inside - 7Terry Stopinvestigating suspicious conduct (not need probable cause)
- 8Terry Frisksearching body for weapons if believe armed and dangerous
If contraband, must be able to recognize without physical manipulation (not allowed in NY) - 9Exception to exclusion of Fruit of the Poisonous Treeif break causal link:
(1) independent source
(2) inevitable discovery
(3) attenuation (passage of time purges taint of illegality and restores free will) - 10WiretappingSuspected Person must be named
Wiretap limited in time (30 days in NY)
Probable cause of specific crime committed
Must describe conversations to be overheard - 11Right to Counsel 6th amendment-attaches upon formal charging
- if misdemeanor, right only if imprisonment imposed
-offense specific
-D can waive if knowingly, intelligently, and voluntarily - 12Miranda under 5th amendmentCustody & Interrogation
Failure to give warnings does not suppress PHYSICAL fruits - 13Right to counsel in PreTrial ID6th amendment - after formal charging
NY: right even before if police aware you are represented by counsel on another charge and you request - 14Admissibility of PreTrial IDsdetermined at suppression hearing. Jury exclusion is NOT constitutionally required
- 15Grand Juries in NY for all felonies(1) D has no right to counsel's presence
(2) may consider otherwise excluded evidence
(3) D must appear if called but can refuse specific Qs on basis of self-incrimination - 16Trial Rights - evidentiary disclosureCommon: BRADY - P must disclose all material, exculpatory evidence
NY: ROSARIO - before opening argument, P must make available any prior written or recorded statements of persons to be called as witnesses - 17Trial Rights - juryRight only when MAXIMUM sentence > 6 months
If 6 jurors, need unanimity
If 12, need majority
NY: need unanimity, 12 jurors for felonies waivable - 18Trial Rights - effective assistance of counsel"Deficiency" requirement: Counsel's performance fell below OBJECTIVE standard of reasonableness +
"Prejudice" requirement: but for deficiency, outcome would have been difference - 19When double jeopardy attachesJury trials - jury sworn in
Bench trials - first witness
Pleas - once accepted - 20Double JeopardyNot same if each contains and element not in the other
NY: "transaction test" - must be charged with all offenses from single transaction unless
-substantially different elements
- prevents different harms OR
- offenses involve different victims
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- Flashcards on Criminal Procedure, created by mbh65 on 15/07/2015.
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- mbh65
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