Criminal Investigations - Test 2 Terms

Simmons v US

• 6 pictures being shown to witness is sufficient

• USSC approved lineup comprising 6 people with a ratio of two nonsuspects for each suspect

US v Wade (1967)

• Suspect can be required to put on distinctive accessory or article of clothing that distinguished him/her to victims

• Right to counsel at post-indictment lineup

Kirby v Illinois (1972)

Right to counsel at lineup not extended to pre-indictment

Draper v US (1959)

Can use informants hearsay information for warrantless arrest

Aguilar v TX (1964)

Reaffirmed that affidavit for arrest warrant may be based on hearsay information from unidentified informant

Spinelli v US (1969)

Established 2 pronged test (reliability and credibility) to determine when unnamed informants information could be used to show probable cause

Illinois v Gates (1983)

2 pronged test abandoned reverted to totality of circumstances

Roviaro v US (1957)

Informer’s identity can be revealed if relevant to defense or essential to a fair determination of a cause

Sorrels v US (1932)

Recognized entrapment as viable defense

Frye v US (1923)

Scientific evidence must have gained general acceptance in its field to be admitted in court

Daubert v Merrell Dow Pharmaceuticals (1973)

Abandoned Frye standard; requires trial judge to determine if scientific evidence is both relevant to the case and reliable