California Criminal Procedure Lecture Flashcards

Vocabulary-style flashcards covering the summary of issues and substantive law related to California Criminal Procedure, including the Fourth, Fifth, and Sixth Amendments.

Government Conduct

The requirement that a defendant prove the government or police were involved in an unreasonable search and seizure for the Fourth Amendment to apply.

Standing (Fourth Amendment)

The requirement that a defendant must have been personally seized or have a reasonable expectation of privacy in the place searched or item seized to challenge governmental conduct.

Seizure

Occurs if, under the totality of circumstances including physical force or show of authority, a reasonable person would not feel free to leave.

Terry Stop (Investigatory Stop)

A brief detention of a person based on reasonable suspicion that the person is engaged in, or has engaged in, criminal activity.

Police Checkpoints

Generally valid stops conducted in a nondiscriminatory manner for an articulable reason beyond general crime prevention, such as DUI checkpoints.

Pretextual Stop

A traffic stop engaging a driver where the officer has reasonable suspicion that the driver has violated a traffic law, even if the primary motivation is for another purpose.

Search

Occurs when governmental conduct violates a defendant’s reasonable expectation of privacy or when the government physically intrudes on a constitutionally protected area to gather information.

Curtilage

The area immediately surrounding the home that may be protected by the Fourth Amendment based on factors like proximity, enclosures, nature of use, and privacy steps.

Open Fields

Private property lying outside the curtilage of a home which is not protected by the Fourth Amendment.

Valid Search Warrant

A warrant that is (1) issued by a detached and neutral magistrate, (2) based upon probable cause, and (3) describes the defendant, crime, or places and items with particularity.

Knock and Announce Rule

A procedural requirement where the police must announce their presence and state their purpose before executing a warrant.

Good-faith Exception

The principle that evidence may be admissible if officers acted in good-faith reliance on a defective search warrant as measured by a reasonable person standard.

Plain-feel Exception

Allows an officer to seize an object during a frisk if its identity is immediately obvious as contraband through the outer clothing.

Search Incident to Lawful Arrest

A contemporaneous search of an arrestee and their immediate surrounding area (wingspan) based on a lawful arrest supported by probable cause.

Protective Sweep

A search of closets or other spaces adjoining the place of an arrest in a home where someone may be hiding.

Automobile Exception

Allows police to search any part of a car without a warrant if they have probable cause that it contains contraband or evidence of a crime.

Plain-View Doctrine

A warrantless seizure allowed if police are lawfully in the location and the criminal nature of the item viewed is immediately apparent.

Exigent Circumstances

Factors such as hot pursuit of a fleeing felon, danger of evidence destruction, or public safety threats that justify a warrantless search with probable cause.

Exclusionary Rule

A rule stating evidence seized as a result of government illegality may not be introduced at trial to prove guilt.

Fruit of the Poisonous Tree

Any evidence derived from illegal government action, which is generally excluded from trial.

Inevitable Discovery

An exception to the exclusionary rule where evidence is admissible if it would have been eventually discovered through legal means.

Miranda Rights

Warnings given to defendants in custody and being interrogated regarding their right to remain silent and right to an attorney.

Interrogation (Miranda)

Express questioning by police or conduct likely to elicit an incriminating response.

Sixth Amendment Right to Counsel

A right that applies automatically at all critical stages of prosecution after formal proceedings begin, and is offense specific.

Due Process Clause (Lineups)

The requirement that police lineups must not be unnecessarily suggestive or provide a substantial likelihood of misidentification.