Criminal Procedure Final Exam

Implied Consent under 625 IL law

Any person who drives or in "actual Physical control of a motor

vehicle on the public highways of this state gives consent to s

chemical, blood, urine, breath test to determine BAC or other drugs

in person's blood.

Custody 

Person who is not free to leave because they're a person of interest

for ongoing investigation. Can be in custody even if not under

arrest

Search Warrant 

Document signed by a judge after an officer presents sworn affi-

davit that shows probable cause exists

Preliminary Breath Test (PBT)

procedure that permits police officers on scene to administer with

suspect to assist in determination of probable cause

What are the 5 factors of custody

1.) location of interrogation

2.) Any statement or non-verbal conduct indicating an accused is

not free to leave

3.) Extent of knowledge of officers involved and focus of their

investigation

4.)Intentions of officers involved

5.) Objective circumstances surrounding the investigation to deter-

mine what "reasonable man" innocent of any crime would perceive

What are 4 Miranda warnings VERBATIM

1.) You have the right to remain silent

2.) Anything you say can and will be used against you in the court

of law

3.) You have the right to speak with an attorney and have them

present at your questioning with you

4.) If you can't afford an attorney, one will be appointed for you by

the court, and no questions will be asked until they are appointed

What are the basic rights of every arrestee under 725 Ilcs (3)

1.) Person should be told what they're getting arrested for

2.) Humane treatment such as provisions for food, shelter, medical

treatment if required

3.) People arrested have the right to an attorney of their choice and

a family member via reasonable amount of phone calls or other

manner. Communication is allowed within a reasonable amount of

time AFTER arrival of 1st place of custody

What are 4 questions every affidavit for a search warrant should answer

1.) Why should I believe this officer

2.) How do I know what the complaint has told me is true

3.)How do i know there is evidence in the area to be searched

4.)How do i know the area to be searched is tied to the defendant

What are the 2 elements of PC for getting a search warrant

1.) Facts that would lead a reasonable person to believe that a crime has been committed

2.) Facts must convince a reasonable person that evidence can be found in the place to be searched

What factors are used by court to determine whether a suspect gave a "knowing and Voluntary" waiver of Miranda rights

Mental capabilities
Age
Intelligence
Background
Education
Physical Condition
Threats by Police
Mental or physical abuse by police
Length of Interrogation
promises by police
Prior Contact with legal system

What is "re-initation" of interrogation

re-initiation requires suspect to "knowingly and voluntarily" waive their rights and the suspect to re-open their dialogue about case, investigation, or charge to be considered reinitiating

Who can re-initiate interrogation

Only the Suspect

What must officers do if there's re-intiation

Officers must re-advise suspect of Miranda warnings/rights in given circumstance

What are the 4 factors to determine if suspect's wish to remain silent was "scrupulously honored"

1.) Did police immediately stop the initial interrogation after defendant invoked 2.)Did a significant amount of time pass in between interrogation 3.) Were a fresh set of Miranda warnings given prior to te 2nd interrogation 4.) Did the 2nd interrogation address the same or different crime than the 1st interrogation

Oregon V Bradshaw: relevant law

Did the defendant re-initiate the interrogation with the officer when he asked "What's going to happen to me now"

Oregon V Bradshaw: Result

After invoking the right to counsel, the only party who can re-open dialogue about the case is the suspect and asking questions related to the investigation he does reinitiate and that statement is admissible

Case Association: Re-initiation

Oregon v. Bradshaw "What's going to happen to me now?"

Davis V. U.S.: Relevant Law

How clear and specific must a suspect's request be for an attorney in order to invoke his right to an attorney?

Case Association: Specific request for attorney

Davis v. U.S. "I think I need an attorney"

Davis v. U.S.: Result

After waiving Miranda of knowingly and voluntarily action, Law enforcement may continue questioning until and unless suspect clearly requests for an attorney present. Police should ask for clarification questions before continuing act properly

People v. Nielson: Relevant Law

Was the defendant's request to remain silent scrupulously honored when he was questioned again with in an hour of his invocation

Case Association: Time pass for silence and re-questioning

People v. Nielson, Created the 4 factors of determination, Murdered his ex wife and daughter

People v. Nielson: Result

A defendant's request to remain silent must be scrupulously honored by law enforcement. After 2 hours and a new set of Miranda warnings, it is permissible to speak with defendant again

People v. Edwards: Relevant Law

Did the defendant invoke his right to silence therefore officers needed to cease questioning when he responded to the questions about murder stating "no you're talking about death penalty stuff”

Case Association: Right to Remain Silent for Certain Questions

People v. Edwards, Grand Appliance Murder

People v. Edwards: Result Law

A defendant's request to remain silent must be specific. Resisting to providing details of a crime during course of answering question doesn't trigger defendants right to silence

Florida v. Powell: Relevant Law

Does defendant's failure to explicitly advise suspect right to lawyer present during questioning render a statement inadmissible?

If Miranda is read verbatim are subsequent statements inadmissible

Case Association: Miranda read verbatim

Florida v. Powell, "Powerless without a lawyer”

Florida v. Powell: result

Miranda warnings don't need to be given verbatim, so long as each of the 4 warnings are effectively communicated to suspect so he is put on notice and understands each of his rights in deciding to provide statement or answering questions

Berkemer v. McCarty: Relevant Law

Does an officer conducting a traffic stop need to advise a person of Miranda rights before conducting an on scene interview

Case Association: When to give Miranda

Berkemer v. McCarty, Arrested at traffic stop w/o Miranda

Berkmer v. McCarty: Result

Officers don't have to read Miranda to motorist during course of traffic stop investigation because they're not detained under Terry and not under arrest. Once determination results in arrest or escalates to a situation similar to arrest, then Miranda must be given

People v. Dunnegan: Relevant Law

Is a defendant interviewed in a hospita room in custody and required to be read their Miranda rights

Case Association: Five Factors of Custody

People v. Dunnegan, Murder on the mobile express

People v. Dunnegan: Result

When determining if one is in custody for purpose of Miranda, one must look at totality of circumstances including each of 5 factors of custody

Miranda v. Arizona: Relevant Law

What police procedure must be enacted and followed so that custodial interrogation comport with 5 and 6th Amendments in a way that results in an admissible confession

Case Association: Miranda Rights

Miranda v. Arizona

Miranda v. Arizona: Result

4 Miranda Rights

Riverside v. McLaughlin" Relevant Law

Does it violate a defendants rights to hold a PC hearing for a warrantless arrest within 48 hours of an arrest

Case Association: Release after 48 hours of holding

Riverside v. McLaughlin

Riverside v. McCaughlin: Result

When arrested on warrantless arrest, the police have 48 hours to charge and process the defendant regardless of week, weekend, holiday. Any statements or evidence recovered during time past 48 hr period may be inadmissible at trial

Riley v. California/ U.S. v. Brima Wurie: Relevant Law

Does a search incident to arrest permit a search of the data on a defendant's phone

Case Association: Search Phone

Riley v. California/ U.S. v. Brima Wurie, "I got two phones, One smart and one not"

Riley v. California/ U.S. v. Brima Wurie: Result

When a cellphone is recovered incident to arrest officers may search the physical phone for any physical dangers, but need a search warrant to search data contained on cellphone unless there are exigent circumstances are present

People v. Bass: Relevant Law

Can prosecution use PBT to rebut a defendant's claim they're sober

Case Association: PBT Testing used in trial

People v. Bass, "I just had stomach big medicine"

People v. Bass: Result

PBT results can be used to assist officers in making determination of PC arrest under DUI but can't be used by prosecution at any point in trial or rebuttal

People v. Minniti: Relevant Law

Are police permitted to lie to a suspect about the case and evidence during the course of interrogation

Case Association: Police Misleading suspects in interrogation

People v. Minniti, Murder of Irma and pissed in toilet at 17

People v. Minniti: Result

Court doesn't condone it but a confession received using trickery doesn't render a confession inadmissible as long as it wasn't used to get false statements. it would be considered voluntarily and freely given

People v Ellison: Relevant Law

Does the fact that a suspect is of low mental capabilities mean that he can't knowingly and voluntarily waive his Miranda rights

Case Association: Intelligence and Miranda

People v Ellison, moving kitchen stove from show home

People v Ellison: Result

Mental compacity or lack of it if 1st of many factors that court must consider when determining if defendant "knowingly and voluntarily" waived his rights under Miranda. The court considers suspect knowingly and voluntarily waive rights factor

" I think I need an attorney.."

Is this a proper invocation to have an attorney?

Why or why not and what case determine this:

No and U.S. v. Davis Law enforcement may continue questioning until and unless suspect clearly requests for an attorney present. Police should ask for clarification questions before continuing act properly

" On the playground confessing to the murder of my wife." Is this a proper invocation to remain silent? Why or why not and what case determine this: What fact pattern is used to determine if suspect wish to silence was honored

People v. Nielson, yes because he was questioned again with in an hour of his invocation

1.) Did police immediately stop the initial interrogation after defendant invoked

2.)Did a significant amount of time pass in-between interrogation

3.) Were a fresh set of Miranda warnings given prior to te 2nd interrogation

4.) Did the 2nd interrogation address the same or different crime than the 1st interrogation

What do you do as an officer if there's a re-initiation of interrogation

Officers must re-advise suspect of Miranda warnings/rights in the given circumstance

Factors and case in considering by court when considering if suspect knowingly and voluntarily waiver Miranda rights

People v Ellison,

Mental capability
Age
Intelligence
Background
Education
Physical Condition
Threats by Police
Mental or physical abuse by police
Length of Interrogation promises by police
Prior Contact with legal system