This is an extract of our Criminal Procedure Bar Mini document, which we sell as part of our Criminal Procedure - Bar Exam Outlines collection written by the top tier of Thomas Jefferson School Of Law students.
The following is a more accessble plain text extract of the PDF sample above, taken from our Criminal Procedure - Bar Exam Outlines. Due to the challenges of extracting text from PDFs, it will have odd formatting:
CRIMINAL PROCEDURE MINI
1. a. b. c. d.
Exclusionary Rule - Evidence obtained in violation of the constitution is inadmissible. Exceptions - (1) Grand Jury (2) Civil (3) Deportation (4) Parole Hearings (5) Impeach D with unMirandized statements / silence, or unconstitutionally seized evidence. Good Faith Reliance Exception - Judicial opinion, statute, or defective search warrant unless (1) So lacking in probable cause (2) Invalid on its face (3) Lied to Magistrate (4) Wholly abandoned Fruit of the Poisonous Tree - All evidence obtained from exploitation of the unconstitutionally obtained evidence will also be inadmissible unless: (1) violations of knock and announce (2) Miranda violations (3) Independent source (4) Inevitable discovery (5) Intervening act of freewill Harmless Error - If illegal evidence is admitted, a resulting conviction should be reversed on unless the gov't can show beyond a reasonable doubt that the error was harmless. 4TH AMENDMENT
1. ARRESTS - when a reasonable person would believe that she is not free to leave or terminate an encounter with the government. e. Arrests in a PUBLIC - Must have probable cause. The officers do NOT need an arrest warrant. i. Station house - need probable cause for stationhouse questioning or fingerprinting f. Arrests in a HOME - Non-emergency arrest in a home, requires an arrest warrant
2. SEARCH & SEIZURE (4 part test) a. State Action - 4th amendment only applies to searches or seizures by the government. i. Police officers are agents for the government on or off duty. (24/7) b. Standing - Need a reasonable expectation of privacy as to the thing searched or the item seized. i. Automatic - (1) Own (2) Live on or (2) Overnight Guest the premises searched ii. Sometimes - Legitimately present when the search takes place, or own property seized iii. Things held out to the Public - If the items seized were already exposed to the public, then there are no rights of privacy to be invaded. c. Valid Search Warrant -Police must have a valid warrant to conduct a search. i. Probable Cause - Trustworthy facts sufficient for a reasonable person to believe that the suspect has or is committing a crime based on the totality of the circumstances ii. Properly Executed - Timing and knock and announce iii. Precise on its face - Must state the place and things to be searched. iv. Neutral and Detached magistrate - One who hasn't wholly abandoned the judicial role d. Valid WARRENTLESS Search i. Search Incident to Lawful Arrest - (1) Arrest must be lawful, and (2) Search must be contemporaneous in time and place
1. Scope - Subjective Wingspan - areas which could be reached in order to procure a weapon or destroy evidence
2. Automobile - May search the passenger compartment (But NOT the trunk) if: (1) The arrestee is unsecure and may gain access to the car, OR (2) The officer reasonably believes evidence for which the D was arrested is in the car. 1
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