Criminal Procedure - created from Mind Map

4th Amendment Unreasonable Search & Seizure Exclusionary Rule Arrest Warrants Search/Seizure Wiretapping how to determine if D has 4th Am right Remedy for illegal search/seizure Limits to Exclusionary Rule N/A to grand juries N/A to civil procedures N/A to parole revocation proceedings impeachment fruit of unwarned confessions good faith reliance violations of "knock & announce" non-mirandized voluntary fruit of illegal search all evid. obtained or derived from exploitation of illegally obtained police is excluded Exceptions independent source inevitable discovery intervening acts will not exclude evidence where police act reasonably to obtain warrant Limitations affidavit lacking in probable cause warrant fails to state place to be searched & things to be seized officer lied or misled judge judge wholly abandoned his role D is subject to physical restraint warrants not needed in a public place needed to arrest in D's home proper/valid search warrant exceptions based on proper cause precise on its face issued by a neutral and detached magistrate State Action search/seizure reasonable expectation of privacy (REP) Approach to look for* arrest must be by publicly paid police OR private ind. acting at direction of public police location of where D was found location of the item seized D's efforts to maintain privacy does D have 4th Am right? did police have proper/valid search warrant? does it fit w/in 1 of 6 exceptions

5th Amendment Privilege Against Compelled Speech & Self Incrimination

6th Amendment Right to Jury Trial & Counsel Assistance

14th Amendment Due Process

D can't use as a shield to lie on stand

Any evidence obtained in violation of D's 4th Am rights is inadmissible evidence

what illegally obtained evid./confession which were inadmissible in the state's case in chief, may be used to impeach D's credibility if D takes stand

is this fruit of the poisonous tree doctrine?

based on: judicial opinion later changed by another opinion; statute of an ordinance later declared unconstitutional; or defective search warrant; clerical error.  *even if info turns out to be false

confessions can be used to impeach a witness.  however, involuntary confession is not admissible for any purpose

to impeach D on stand (but not any other witnesses).  all illegally seized evid. may be used to impeach but only D's trial testimony, not testimony of other witnesses 

only for D but not for other D's whose rights weren't violated

if original police illegality is a miranda (confession) violation, then unclear if FOPT will apply if the fruit is not testimonial evid. Confession in violation of miranda may be used to impeach both D's testimony (if testifies at trial) and the testimony of other witnesses

on preponderance of evidence if officer would have discovered it without violating D's rights.  used very often

of free will on the part of D

in the place searched or item seized, based on the totality of the circumstances D's own REP must be violated, standing does not exist merely b/c D will be harmed by intro. of evid. seized during an illegal search of a 3rd person's property (co-conspirator must show his own REP)on exams: this is 1st opportunity to show good factual analysis so do a good job analyzing all 3 factorsAutomatic Standing. legitimate expectation of privacy anytime you: 1) own the premises searched, 2) live on the premises searched, 3) are an overnight guest in the premises unless non-paying or short-time visitor & police have consent of owner of premisesCurtilage is also protected.  factors include: 1. proximity of area to home 2. whether area is enclosed (inside fence around home) 3. nature & uses to which area is put  4. steps taken to protect area from observationNO REP/Standing when: 1. held out to public 2. sound of voice 3. bank account records held by bank 4. anything seen across fields 5. anything seen by flying over (but no night vision binoculars) 6. open fields beyond curtilage 7. handwriting style 8. paint on outside of car 9. abandoned items (trash) 10. drug sniffing dogs 11. prison cells 12. phone records 13. vehicle VIN 14. abandoned property

if warrant was proper/valid, was it properly executed?  if warrant not proper/valid, try good faith defense to get it in

1. search incident to lawful arrest 2. automobile exception 3. plain view 4. consent 5. stop & frisk 6. emergencies/exigences (hot pursuit, evanescent evid, contaminated foods, kids in trouble, burning fires)

just need probable cause.  police need probable cause at moment of arrest, not later, to arrest and take to station. once probable cause, police can do a full search of person

unless serious crime and emergency (destruction of evid. or hot pursuit)once police have probable cause even if D is improperly arrested at home, D's police statement confession is still valid b/c not fruit of unlawful arrest b/c could have arrested outside of houseif D found in home of 3rd party, insufficient expectation of privacy, esp. if conducting business & D has not standing in violation of 3rd party's 4th Am rightssummary: home-need warrant not home-need probable cause

fairly broad esp. where gov't encourages and offers $ rewarddoesn't include privately paid police unless they are deputized with the power to arrestwhat to analyze: 1. how do you know s/he is a police officer? 2. that s/he is paid by gov't to enforce law 3. how you know s/he is on duty 4. what public function s/he was performing

look at where D was found - at home, at his office, in his car, in the street, etc. 

pocket, briefcase, trunk, in D's dresser, etc

covered windows, opaque glass, etc.

to be properly executed (by police): 1. no unreasonable delay 2. done after a knock & announcement by police officer (unless officers or evid. would be endangered (ex: exigent circumstances, evanescence, destruction of evid.) 3. person or place searched or seized was in the scope of the warrantsearch warrant doesn't authorize search of persons not named in warrant, and can detain but not search, but if probable cause to arrest person discovered in premises to be searched, then officer may search him incident to the arrestsearch manner must not be unreasonable: knock & announcement goes to reasonableness (15-20 seconds is good)

1. this is the core 2. affidavit establishing probable cause (that seizable evid. will be found in place searched 3. must be recent, not stale 4. reliability of informant, totality of circumstances, even if anonymous, provided enough to support probable cause

precise re: place to be searched/items to be seized (no discretion to officer)if 1st Am, description must be very specific no general warrants (can't be too vague, e.g. illegal drugs) anticipatory warrants are okay

see under "Approach to look for*"

Criminal Procedure

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