Constitutional Criminal Procedure: Investigations

Flashcards created based on constitutional criminal procedure lecture notes focusing on key concepts and principles.

What is the key recommendation regarding study materials in Professor Levine’s class?

Do not use the materials provided until you have studied a bit.

What is the primary focus of the 4th Amendment?

Protection against unreasonable searches and seizures.

What are the three main components necessary for a valid search warrant?

Neutral and detached magistrate, based on probable cause, supported by oath or affirmation.

What justification is required for warrantless searches due to exigent circumstances?

Reasonable belief that evidence may be destroyed or a suspect may flee.

What defines a 'stop' in relation to an arrest?

A brief detention that is less intrusive than an arrest but requires reasonable suspicion to justify.

What are the two competing models of criminal justice regulation discussed?

Crime Control Model and Due Process Model.

What is the main purpose of the Exclusionary Rule?

To deter police misconduct and protect the Fourth Amendment rights.

What did the Warren Court emphasize regarding due process?

It was the most committed to the Due Process Model, focusing on fairness and protecting individual rights.

What is the significance of the term 'reasonable expectation of privacy' in Fourth Amendment jurisprudence?

It determines whether a search constitutes a violation of a person's privacy rights.

What is meant by the term 'fruit of the poisonous tree'?

Evidence obtained through unconstitutional means, which is typically inadmissible in court.

What is required for a suspect to invoke their right to counsel under Miranda?

The invocation must be clear and unambiguous.

What constitutes as custodial interrogation?

Questioning by law enforcement after a suspect has been taken into custody, where the suspect's freedom of action is curtailed.

What does the term 'self-incrimination' refer to?

The individual’s right to refuse to provide information that could potentially incriminate them.

What are the exceptions to the Exclusionary Rule?

Attenuation, independent source, and inevitable discovery.

When can police legally search without a warrant?

When exigent circumstances exist, consent is given, or it is a search incident to a lawful arrest.

In the context of searches, what is meant by 'probable cause'?

A reasonable belief that a crime has been committed or that evidence of a crime is present.

What happens if a suspect invokes their right to remain silent?

Questioning must cease immediately until the suspect indicates a willingness to continue.

What is the relationship between the Fifth and Sixth Amendments in terms of police questioning?

The Fifth Amendment provides the right against self-incrimination while the Sixth Amendment provides the right to counsel during critical stages.