Criminal Procedure Exam One

What are the two main ideals being balanced in our criminal justice system?

public safety and individual liberty

Tennessee v. Garner

deadly force may not be used on a fleeing felon

graham v. connor

objective standard of reasonable force

What are the two elements of a reasonable arrest?

Objective Basis & Manner of Arrest

In what three ways does an arrest differ from a stop?

location, duration, & record

What are the requirements for probable cause to arrest?

a crime has or will occur and the person arrested has committed or will commit that crime

reasonable belief can be based on either _____ or ________

direct information or hearsay

draper v us

trustworthy information may qualify as probable cause

what are the three requirements of an arrest warrant?

a magistrate, an affidavit, and the name of the person to be arrested

Payton v New York

police must obtain a warrant to enter a home unless exigent circumstances are present

Hopkins v. Bonvivno

there were no exigent circumstances for officers to enter the house

warden v hayden

exigent circumstances of danger existed for officers to enter the home without a warrant

__________ refers to using no more state power and resources than are needed to prevent, investigate, prosecute, sentence, and review official actions taken to provide for the ideals of public safety and personal autonomy.

proportionality

What event led directly to the US v. Apple Inc., case?

The San Bernardino Terror Attack

_______ refers to securing public safety for the whole community, while protecting the liberty and privacy of individuals

Balancing

___________ refers to impartial treatment of innocent and guilty individuals by prosecutors, judges, and law enforcement.

Equal justice

_______ refers to avoiding “errors of justice,” preventing the innocent from being punished and the guilty from escaping justice

Accuracy

Which two forms of evidenced does evidence-based decision making rely on?

Legal Evidence & Empirical Evidence

What principle did the Magna Carta establish?

everyone, including the King, is subject to the law

Which rights did the Magna Carta introduce?

due process and habeas corpus

What was England’s Star Chamber created as?

a place to prosecute powerful individuals outside the reach of general courts

What did the Star Chamber become before it was abolished by Parliament?

a secretive place known for harsh punishments and a tool for suppressing dissent against the monarchy

What did the Articles of Confederation do?

established a “league of friendship” between the 13 colonies with a weak central government with limited power

Which branches of government did the US not have under the Articles of Confederation?

executive or judicial

What defined the Crime Control era from 1900 to 1960?

shift from punitive judicial system towards a system focused on individual rights, due process, and rehabilitation

What defined the Due Process Revolution era of the 1960s?

increasing protections for those accused of a crime

Who was Chief Justice in the Due Process Revolution?

Earl Warren

Mapp v. Ohio

exclusionary rule incorporated to the states

Gideon v. Wainwright

created the right to court approved counsel

Miranda v. Arizona

created the Miranda warnings that police must tell individuals before custodial interrogration

Terry v. Ohio

allowed police to briefly detain and pat down an individual upon reasonable suspicion that they are armed

Katz v. US

extended fourth amendment rights to surveillance requiring a warrant for wiretapping

What was the reaction to the Due Process Revolution era from 1969 to present?

shift from liberalism to conservatism through trimming back rulings of the Warren court

What is Constitutionalism?

the idea that constitutions adopted by the whole people are a higher form of law than ordinary laws passed by legislature

What are the six principles of Constitutions?

highest form of law, expressed the will of the people, always bond the government, cannot be changed by the government, can only be changed by direct action of the whole people, embody the values of the people

What are the principles of the fourth amendment?

protects against unreasonable searches and seizures, probable cause is required for obtaining a warrant, warrants must be specific

What are the principles of the fifth amendment?

protection against self incrimination and double jeopardy, right to due process and grand jury indictment

What are the principles of the sixth amendment?

right to speedy and public trial, assistance of counsel, to confront witnesses

What are the principles of the eighth amendment?

right against excessive bail and fines and right to be free from cruel and unusual punishment

What are the principles of the fourteenth amendment?

extends the Bill of Rights to the states

What does “Stare Decisis” mean?

stand by things decided, obligating courts to follow prior rulings

What are the two features of the dualistic nature of the Supreme Court?

the will of the people and fundamental law

States can ____ the minimum standards of rights determined by the Supreme Court but not _____ rights below that standard.

raise, reduce

What was the challenge in Hurtado v. California?

Hurtado was charged without being indicted by a grand jury

Who was known as the “great dissenter?”

Justice Harlan

What was the case name of the Scottsboro Boys situation?

Powell v. Alabama

What was the outcome of Powell v. Alabama?

SCOTUS found that the Scottsboro Boys were not provided effective counsel and overturned their case

What was the result of Brown v. Mississippi?

the Supreme Court found that the mens’ confessions were inadmissible because they were obtained through coercion and torture

Which cases determined the “fundamental fairness doctrine?”

Powell v. Alabama & Brown v. Mississippi

According to the Fundamental Fairness Doctrine, what are the two requirements of a fair trial?

notice of charges and a hearing on facts before conviction

By the 1960s, the Supreme Court rejected the Fundamental Fairness Doctrine in favor of the ____________ Doctrine.

Incorporation

What are the principles of the Incorporation Doctrine?

specific provisions of the fourteenth amendment are applied to criminal procedure and opposed the “general fairness” aspect of the Fundamental Fairness Doctrine

What two things must a defendant prove to claim a violation of equal protection?

discriminatory effect & discriminatory purpose

What is “selective prosecution?”

a legal defense claiming that the defendant was unfairly targeted for prosecution based on discriminatory reasons

What is the Catch-22 of the selective prosecution defense?

the defendant must prove the violation of equal protection before obtaining discovery on the case

What is the “presumption of regularity?”

the government’s actions are presumed to be lawful unless their is direct evidence to the contrary

US v. Armstrong

Armstrong was denied discovery in his case of selective prosecution; the court said they failed to prove that others in the same situation were overlooked

Which three questions must be asked about the legality of a search or seizure?

was it a search or seizure?, was it reasonable?, does the fourth amendment ban its use as evidence?

What were the warrants that the Crown used to search for evidence on anyone at any time?

Writs of Assistance

Why was the fourth amendment created?

to make sure that law enforcement doesn’t obtain evidence illegally

What are the two core values of a free society?

liberty and privacy

US v. Jacobsen

the fourth amendment doesn’t apply when private parties turn over evidence they find to the police; police can not exceed the scope of that private party search and find new information intentionally

US v. Lichtenberger

The police can’t search a computer for evidence without a warrant even if a private party shows them something incriminating on it

The Trespass Doctrine

to qualify as a search police have to physically invade an area; private property includes one’s house, papers, and effects

What are the two prongs of the Reasonable Expectation of Privacy Doctrine?

Did the person display an actual expectation of privacy? Would society recognize this as a reasonable expectation of privacy?

Illinois v. Caballes

Open-air K9 sniffs are not a violation of the fourth amendment

Third Party Doctrine

A third party search of evidence does not violate the fourth amendment even if the suspect had no reason to think the third party would report the information

Which case did the Third Party Doctrine come from?

US v. Miller

There is no reasonable expectation of privacy in statements:

• made by private individuals

• recorded by undercover government agents

• made by individuals who didn’t know they were speaking to an undercover government agent

US v. White

police recordings of criminal activity does not violate the fourth amendment

US v. Miller

there is no reasonable expectation to privacy in bank records since the bank is a third party one trusts with information

Smith v. Maryland

there is no reasonable expectation to privacy in phone records since one entrusts that information to the phone company, a third party

California v. Greenwood

a person does not have a reasonable expectation to privacy of the trash they put on the curb since the trash is abandoned property an on the public curb

Kyllo v. US

thermal imaging of houses is protected under the fourth amendment

US v. Warshak

there is a reasonable expectation to privacy of one’s emails sent through a service provider

US v. Jones

police placing a GPS on a car or individual violates the fourth amendment

Riley v. California

police must obtain a warrant to search a cellphone even if it is obtained incident to a lawful arrest

State v. Patino

smartphone messages on another person’s device are not protected under the fourth amendment

What is a seizure of property?

some meaningful interference with an individual’s possession of the property

US v. Galpin

law enforcement has to obtain a separate and specific warrant to search a computer’s hard drive

US v. Ganias

law enforcement may only obtain copies of computer files specified in the warrant

The process of stopping suspects to question them was questioned during the ______________________.

Due Process Revolution

Fourth Amendment _____ are brief detentions that allow police to briefly freeze and investigate suspicious situations.

stops

Fourth Amendment ________ are “once- over-lightly” pat downs of the outer clothing done to protect officers by checking and securing suspects’ weapons.

frisks

Which three questions must be asked to challenge the constitutionality of a stop and frisk?

was the officer’s action a stop or a frisk?, was it unreasonable?, should evidence obtained be excluded?

Reasonableness Clause

protecting against unreasonable searches and seizures

Warrant Clause

requiring warrants based on probable cause supported by an affidavit that is specific

How did the Supreme Court’s approach to the Fourth Amendment change in the 1960s?

the warrant and reasonableness clauses were treated as different situations: not every search requires probable cause therefore not every search needs a warrant

What are the two components of the reasonableness test:

The balancing test: the need to search or seize outweighs the invasion of privacy and liberty of the individual

Objective basis: enough facts/circumstances exist to justify the search or seizure

What kind of approach does the court use to determine whether a search or seizure is reasonable?

totality of the circumstances

Wisconsin v. Meye