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Crim Pro - Constitutional Guarantees

Terms in this set (21)

From which amendments are the following rights derived:
1) prohibition against unreasonable search and seizures
2) privilege against compulsory self-incrimination
3) assistance of counsel in felony cases and in misdemeanor cases in which imprisonment is imposed
4) trial by jury
5) prohibition against cruel and unusual punishment
6) speedy trial
7) prohibition against double jeopardy
1) 4th
2) 5th
3) 6th
4) 6th
5) 8th
6) 6th
7) 5th
The exclusionary rule is a judgemade doctrine that prohibits
evidence obtained in violation of a defendant's 4th, 5th, or 6th amendment rights
What are the four global issues for a search and seizure?
1. whether a S & S if governed by the 4th amendment
2. whether a warrant-based S &S satsifies 4th A
3. whether a warrant-less S &S satisfies 4th A
4. Extent to which evidence obtained through a S&S that violates 4th amendment might still be Admissible
What is the 4-part test for whether a S&S is governed by the 4th amendment?
1. Was the S & S executed by a government agent?
2. Was S &S of an area of item protected by 4th A?
3. Did gov. agent physically intrude on a protected area or a violation of a reasonable expectation of privacy in a protected area or item?
4. Did individual subjected to S&S have standing to challenge the gov's conduct?
Is S & S governed by the 4th amendment - the first prong of the 4 part test is whether the S & S is conducted by a "government agent." What are the four main categories of people that count?
1. police officers - on and off duty
2. private citizens IFF acting at direction of police
3. private security guards if deputized with power of arrest
4. public school administrators
Is S & S governed by the 4th amendment - the second prong is whether S & S is of an area or item protected by the 4th amendment.
1) What are the four main categories?
2. Can you name the 8 thing that are explicitly not protected?
1a. bodies
b. houses (including curtilage)
c. papers
d. affects

1. voice
2. handwriting
3. garbage at curb
4. open fields
5. odors
6. airspace
7. account statements held by bank
8. paint scrapings
Is S & S governed by the 4th A - the third prong is whether the government agent physical intruded upon a protected space or violated a reasonable expectation of privacy in a person or item - what's the standard here?
To meet this standard, an individual must show
1) an actual and objective expectation of privacy in the area/item searched/seized and
2) that expectation must be one that "society recognizes as reasonable"
Is S & S governed by the 4th A - the fourth and final prong is whether the individual subjected to S&S has standing to challenge the gov's conduct - what is the general rule here? Can you give examples regarding a home (owner, guest, etc.)?
General Rule: As long as their personal privacy rights are invaded, not a third party's.

Examples: Clearly an owner, a residing non-owner, and even an overnight guests as areas to which they would have access (i.e. not host's bedroom) BUT not if they're just a residence solely for business purposes or if the area from which it was seized could be expected to be private (i.e. not a girlfriend's purse) or if they're just car passengers
What is the 4 part test for whether a warrant-based S&S satisfies the 4th amendment? (and what is the main NY distinction on this?)
1. Issued by a neutral and detached magistrate (no bias in favor of prosecution)
2. Is warrant supported by probably cause and particularity (places to be search and items to be seized)?
3. If not, did officer rely on it for good faith? (NY - no good faith exception!)
4. Was warrant properly executed by the police?
1. For warrant based S&S, what is the definition of probable cause?
2. What are the evidentiary standards?
1. Probable cause requires proof of a "fair probability" that contraband or evidence of crime will be found in the area searched - based on totality of circumstances.
2. Hearsay and anonymous informants are admissible - but sufficiency of the tip rests on corroboration of the tipster's information to allow the magistrate to make a "common sense practical" determination that probable cause exists based on totality of circumstances.
For warrant based S&S, what is the NY Distinction on using informants?
NY Distinction: continues to use the Aguilar-Spinelli test in the use of informers in evaluating probably cause so gov. must establish:
1) veracity of informant
2) basis of knowledge (if no basis, police must find corroborating evidence of police observation that confirms sufficient details suggestive of, or directly related to, the criminal activitv in question)
For warrant based S&S, what are the four exception that will preclude an officer invoking the good faith doctrine on MBE (NY has no good faith exception!)?
i) affidavit so egregiously lacking in particularity, no reasonable officer could rely on it
ii) warrant is so facially deficient in particularity that officers could not reasonably presume it to be valid
iii) affidavit relied upon contains knowing or reckless falsehoods that are MATERIAL
iv) biased magistrate
In the context of the fourth prong of the whether a warrant-based S&S satisfied the 4th amendment, what is the "knock" and "announce" rule?
Requires police to knock and announce their presence and purpose before forcible entering the place to be searched unless office reasonably believes it'd be
a) futile, b) dangerous, or c) would inhibit the investigation
What are the 8 exception to the warrant requirement that tentatively allow for warrant-less S&S?
ESCAPIST
1.Exigent Circumstances
2. Search Incident to Constitutional/Lawful Arrest
3. Consent- must be voluntary and intelligent; any person with *apparent* (doesn't have to be actual) equal right to use of occupy the property may consent to the search
4. Automobile
5. Plain View
6. Inventory
7. Special Needs
8. Terry - Stop & Frisk
In terms of the 8 exceptions that allow for warrant-less S&S, what are the three types of exigent circumstances?
1. Evanescent evidence - evidence that would dissipate or disappear in the time it would take to get a warrant
2. Hot pursuit - allows police to enter the home of a suspect or a third party to search for a feeling felon - any evidence of a crime discovered in plain view while searching for suspect is admissible
3. Emergency medical needs - Emergency Aid - police may enter a residence w/o warrant if they have reasonable belief that a person is in need of emergency aid to address or prevent injury
What are the contours of the warrantless S&S allowed incident to a lawful/constitutional arrest?
i) Search must be contemporaneous in time and place with the arrest, and *wingspan search* is allowed w/o regard to offense committed
ii) Automobile search, if individual remains unsecured - can search interior including containers but not trunks
In terms of the S&S allowed incident to a lawful/constitutional arrest, what are the NY distinctions on
i) wingspan
ii) automobile searches?
i) to search containers in wingspan, must believe arrestee is armed!
ii) once individual is outside car, can't search the containers inside the vehicle to look for weapons or evidence of crime
In terms of the 8 exceptions that allow for warrant-less S&S:
1. What is the basis for the automobile exception?
2. What is the scope of the permissible search?
3. What about traffic stops?
1. Police must have probable cause to believe that a vehicle contains evidence or contraband;

2. Entire vehicle can be inspected and any container that could reasonably contain the items for which there is probable cause to search

3. For the search to be lawful, an officer does not need probable cause to search the vehicle at the time the car is pulled over, provided he acquires it before initiating the search.
What is three pronged test for plain view as one of the 8 exceptions for which a warrantless S&S is valid?
1. must have lawful access to the place where the items are in plain view
2. must have lawful access to the item itself
3. the criminality of the item must be immediately apparent
What are the two aspects of the "inventory" exception for which a warrantless S&S is valid under the 4th amendment?
i) arrestees when they are booked into jail and
ii) vehicles when they are impounded;
Both searches must comply with reasonable regulations and be in good faith i.e. motivated solely by
a) the need to safeguard the owner's possessions and/or
b) to ensure officer safety
What are the four main categories of "Special needs" that constitute permissible warrantless S&Ss under the 4th amendment?
1. Specified Drug testing - Random, warrantless drug testing allowed against railroad employees following impact accident, customs agents responsible for drug interdiction, and public school children participating in any extracurricular activities; but suspicionless drug testing not allowed just to collect general criminal evidence
2. Parolee's effects - Warrantless searches of parolees effects allowed
3. School children in violation of rules - iii) Warrantless searches of public school children and effects allowed to investigate school rule violations (i.e. smoking), *as long as search is reasonable at inception and not excessively intrusive, in light of age and sex of student and nature of the infraction*
4. Border Searches - neither citizens nor non-citizens have any fourth amendment rights at border w.r.t. routine searches of persons and effects
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