Louisiana Post - Legal Aspects latest updated version with expert solitions + rationales

5th Amendment

Allows a person the right to not self incriminate

6th Amendment

After being charged, the accused shall have the assistance of counsel

14th Amendment

Right to due process

DNA Evidence

May be in the form of blood, hair, skin, sweat, or saliva

Formally charged with an offense

the occurrence of an indictment, information, or preliminary hearing has been arranged

Frye

general acceptance

Kirby v. Illinois (1972)

Not entitled to the presence and advice of a lawyer during a line up or other face to face confrontation

Kirby Rule

a person who has not been formally charged with an offense is not entitled to a lawyer during a lineup

line up

A police identification procedure by which the suspect in a crime is exhibited, along with others with similar physical characteristics, before the victim or witness to determine if they can be identified as having committed the offense.

Photograph identification

Rogues gallery or mugshot

physical self-incrimination

Person or witness incriminates themselves explicitly or implicitly

show up

when a witness is afforded the opportunity to observe the suspect (one on one) shortly after a crime

testimonial or communicative self-incrimination

anything communicated orally during an investigation where a person or witness incriminates themselves either explicitly or implicitly

US v. Wade

Held that a lineup or other face to face confrontation after the accused has been formally charged with an offense is considered a critical stage of proceedings; therefore the accused has a right to have counsel present.

Wade-Gilbert Rule

after being formally charged with a crime, a suspect in a lineup or other confrontation is entitled to have a lawyer present

self-incrimination

When a suspect has no privilege against _________ prior to or before an in custody interrogation

Right to due process

The __________ of law is violated when a suspect is not allowed the presence of counsel after a formal charge has been placed on them

LINE UP OR SHOW UP

The right to counsel usually applies to a __________ only after a formal charge has been filed against the accused

Line up composition

Fundamental fairness

Pre-Trial Identification

4th amendment usually does not apply to __________ because many line ups occur after a warrant has been issued or the suspect has been brought before a judge

polygraphs, hypnosis

Not admissible in court without proper research and backing

confession

a person says he or she committed the act

admission

Owns up to something related to an act, but may not have committed it

Testimonial evidence

- Miranda warnings

- rights waived

- voluntary statement

- free will

Custodial Interrogation

Takes place when suspect is in custody and under interrogation. Both must be present

Under arrest or deprived of freedom

Suspect considered in custody is either _____ or when they aren't under arrest but ______

Limited, police, reasonable person

Suspect deprived of freedom in significant way when their freedom is ________ by ______ and a _______________________ in the sake circumstances would feel he or she was in custody

Interrogation, incriminate

An _______ is when police ask questions that tend to ______

Functional equipment of interrogation

When no questions are being asked by police but circumstances are conducive

Miranda warnings

(1) You have the right to remain silent;

(2) Anything you say can be used against you in court;

(3) You have the right to an attorney; and

(4) If you cannot afford an attorney, one will be appointed for you if you so desire.

(5) you may decide at anytime to exercise the rights to stop questioning

Custodial Interrogation

Required to advise a suspect of Miranda rights anytime he is a subject to a ________

Cease , 5th amendment rights, inadmissible

Once a suspect no longer wants to speak with attorney, interrogation must ________ further questioning violates his ____________________ and will be ruled ______________ in court of law

Waiver

An intentional, knowing relinquishment of a legal right.

intelligent waiver

one given by a suspect who knows what he or she is doing

Intelligent and Voluntary Waiver

one that is both intelligent and voluntary in that the suspect knew what he was doing and it was not the result of any threats, force, or coercion and was of the suspect's own free will

Intelligently and Voluntarily

Miranda rights can be waived after the warnings have been given

Volunteered / without interrogation article 218.1,229,230

Officer does not ask any questions

On the scene questioning

Statement is ____________

Different from a volunteered statement is one given by a suspect _________________________________

Threat to publicize safety specified in New York v. Quarles

Arizona v. Fulminante

Reversal error made by trial court-does not lead to conviction or error is harmless

Affirmed, reversed, harmful

If the admission constitutes a harmless error, the conviction is _________ the conviction is _______ if the error is deemed ________ or if the prosecution fails to establish beyond a reason doubt that error was harmless

••Miranda Rule: Custodial interrogation, incriminate, counsel, intelligently, voluntarily, prior

By the ______________ ________ evidence obtained by the police during _____________________________ of a suspect cannot be used in court during trial unless the suspect was first informed of the right not to ______ himself and of the right to _____________. That right must also be waived _______________ and ______________ by the suspect _________ to the confession or admission given.

Watson v. United States

If probable cause exist, warrant is not required to arrest a felon in a public place

Carroll v. United States

Warrantless search of motor vehicle

United States v Robinson

When a person is lawfully arrested and taken into custody, he or she may be searched without a warrant;

Mapp v. Ohio

Against unreasonable searches and seizures known as exclusionary rules

New York v. Belton

Lawful custodial arrest extends to the passenger compartment "wingspan"

South Dakota v. Opperman

An INVENTORY SEARCH, following standard police procedures, of an impounded vehicle is not an unreasonable search so long as it is not done as a pretext concealing an investigatory police motive

United States v Ross

If the police have probable cause, they may search "every part of a vehicle that might contain the object of the search"

Escobedo v. Illinois

Process shifts from investigatory to accusatory

Miranda v. Arizona

Absence of an intelligent waiver, confessions, and other statements obtained by interrogation in police custody was not inadmissible in evidence.

Schmerber v. California

The taking of physical evidence such as a blood sample over objection.

United States v Katz

Reasonable expectation of privacy

Gideon v. Wainwright

Requires the appointment of counsel for indigent defendant

Draper v. United States

Information from reliable source can be used as sufficient to establish probable cause

Aguilar v. Texas

in obtaining a search warrant, the affidavit must be detailed and cannot contain conclusions

Gregg v. Georgia

upheld the death penalty was NOT cruel and unusual punishment

Penn v. Mimms

Can order driver out of car even without reasonable suspicion that driver poses a threat.

Terry v. Ohio

police can search w/o reasonable doubt that suspicious person will cause danger to himself or others

Chimel v. California

Incident to arrest an officer may search the person and the "area within the immediate control"

Bail bond

An obligation signed by the accused, with sureties, to secure his presence in court.

Bail

To set at liberty a person or imprisonment

arrest warrant

A court order, signed by a judge, that authorizes the arrest of a particular person.

Arrest

to take into custody

Arraignment

To bring an accused to the bar of the court

Reasonable Suspicion

Less demanding standard than probable cause , different in quantity and content

probable cause

Facts and circumstances

Reasonable trustworthy info

Man of reasonable caution

State v Surtain

An officer must fear for his safety or believe that a suspect is armed in order to frisk the suspect during an investigatory stop.

How can probable cause be established?

Officers own knowledge

Info given by reliable third person

Information & corroboration

2 advantages in obtaining a warrant prior to acting

1. presumption of probable cause

2. valid defense in civil cases

When is probable cause required?

Arrest with warrant

Search with warrant

Arrest without warrant

Search without warrant

Reasonable Suspicion

Level of certainty needed to conduct a stop & frisk

probable cause

Level of certainty needed in order for officer to make arrest

Different levels of proof (8)

Absolute certainty

Beyond a reasonable doubt

Clear and continuing evidence

Probable cause

Reasonable Suspicion

Reasonable doubt.

Suspicion

Hunch

totality of circumstances

Believes that an arrest or search is justified

man of reasonable caution

____ ___ ____ ____ is defined as the average man on the street who, under the same circumstances, would believe that the person being arrested had committed the offense or that the items to be seized would be found in a specific place.

State v Waters

A minor traffic stop violation can lead to the arrest of other crimes.

Minnesota v. Dickerson

Plain Feel: Must be there legally, must immediately recognize contraband, & must not manipulate

Hates v Florida

Reasonable Suspicion alone does not permit the police to transport a suspect . Judicial authorization is required

New York v. Quarles

Public safety exception to Miranda

Illinois v Gates

U.S. Supreme Court decision that established the flexible totality of circumstances test for determining the existence of the probable cause needed for obtaining a search warrant

Spinelli v. US

Officer may use credible hearsay to establish probable cause

State Court System

Bound by their own statues and constitution- reserves the power to hear civil and criminal Cases related to state laws

en banc

by the full court

Federal Court System

Federal law

Special subject manner

Policies

dual court system

a court system made up of both federal and state courts

Legislative Branch

the branch of government that makes the laws - house or representatives- congress

Executive Branch

the branch of government that carries out laws-president

General Rule

A vehicle stop is a form of SEIZURE invoking the protection of the 4th AMENDMENT. Motorist however are not fully protected because the vehicle stop is LESS INTRUSIVE than a fully custodia arrest. Therefore, a warrant nor probable cause is needed.

Reasonable Suspicion

Suspicion of involvement in criminal activity

(U.S. v Cortez)

Violation of traffic infraction

A warrant less stop based upon probable cause that a traffic infraction has occurred.

The stop is considered a temporary detention (Terry Stop) for the purpose of investigating and issuing a citation.

Checkpoint

A law enforcement practice for halting traffic, not strictly a form of detention.

Limits a person freedom of movement by blocking vehicular movement.

Includes: sobriety checkpoints, roadblocks to control flow of illegal aliases, and the check of drivers license, registration, and insurance

Sobriety Checkpoints

a form of roadblock in which the police stop every vehicle for the purpose of controlling drunk driving

Requires non random well conceived and structured plan.

Roadblocks to control the flow of illegal aliases

Routinely conducted as permanent checkpoints

All vehicles are stopped

Brief questions allowed

Certain motorists can be referred to secondary inspection area, questioned, and vehicles search if justified

What can't you do during a checkpoint?

Cannot stop a single vehicle just to check for DL and Registration and call it a checkpoint

Calling it a checkpoint in this case would give disgression to the officers operating the checkpoint.

Delaware v Prouse & Indianapolis v Edmond

Roadblocks for the purpose of detecting evidence of criminal wrongdoing

- constitutional

- detect general crime or illegal drugs require individualized suspicion

Pretextual Stop

Temporary detention of the vehicle based on probable cause to believe that traffic laws had been broken

Subjective intent of the officer doesn't make the stop invalid if there was in fact, a valid reason for the stop

Whren v US

What can the officer do after the stop?

Ask the driver to get out of the vehicle

Request license & other compulsory documentation

May ask questions of the driver & occupants

- though traffic stops are a temporary detention of a motorist, it is not an arrest or interrogation situation

What is kin to a terry stop?

Traffic stops

What is the expectation of most driver's?

To be cited and released

Officer's May _______ and _______ the vin number

Locate and examine

An officer must

Seize contraband or evidence in plain view