Quiz for Criminal Procedure w/NY Distinctions

Rule: Evidence whether physical or testimonial obtained in violation of a federal statutory or constitutional provision is inadmissible against the indiv. whose rights were violated

No Race or Gender: both sides can challenge juror without stating their reasons for doing so but they cannot be used by either side to exclude perspective jurors based on race or gender

STD: warrant must specify place to be searched and items to be seized
---if particularized description is contained in an affidavit, the affidavit must be incorporated into the warrant itself.

1. Nature of Charge
2. Maximum Auth Sent. and any Mand Min.
3. D's Right to Please Not Guilty and Proceed to Trial.
4. D's Plea Waives Trial and Causes Direct Move to Sentencing.

Only seized if person stops (submits to officer's authority), or Officer physically restrains him.
*NY: Police pursuit = seizure

1. Random Drug Testing
2. Parolees and Their Homes
3. Government Employee's
Desk/Files
4. Students "effect" in Public Schools
5. At the Border

Good Faith Overcomes Const. Defect Except When:
--Egregriously Lacking Information of PC
--Lies
--Bias

defect re: PC and Particularity

Reversal of Guilty Verdict is Not Required When One But Not Both of 2 Atty's Representing D Is Later Found to Be Unlicensed

To arrest someone in their home you need both a search and arrest warrant, unless there is an emergency

Public places, including outside one's home do not require a warrant.

Rule: Evidence whether physical or testimonial obtained in violation of a federal statutory or constitutional provision is inadmissible against the indiv. whose rights were violated

1. Government Conduct?
2. REP?
3. Facially Valid Warrant?
4. (Good Faith)(MBE ONLY)
5. Properly Executed Search?
6. Exception?
7. Exclusionary Rule?
8. Fruits of the Poisonous Tree

1. Problem w/ Colloquy
2. Jurisdictional Defect (wrong court took plea)
3. D Prevails on Ineffective Assistance of Counsel Claim.
4. P Fails to Fulfill his Part of the Bargain.

1. Nature of Charge
2. Maximum Auth Sent. and any Mand Min.
3. D's Right to Please Not Guilty and Proceed to Trial.
4. D's Plea Waives Trial and Causes Direct Move to Sentencing.

-Public School Students Participating in Extra-Curricular Activities
-Persons Seeking Customs Employment in Connection to Drug Interdiction.
-Railroad Employees Involved in Accidents

STD: warrant must specify place to be searched and items to be seized
---if particularized description is contained in an affidavit, the affidavit must be incorporated into the warrant itself.

Right to confront adverse witnesses exists under the 6th, but does not apply where a face to face confrontation would contravene important public policy concerns. ex: traumatizing a child witness.

Neither citizens nor aliens have 4th amendment rights at the border with respect to routine search of persons and effect

Allowed to arrest any or all members based on a reasonable inference of shared dominion and control over contraband.

Rule: Evidence obtained from the exploitation of UNC evidence must is also inadmissible in Prosecutor's case in chief.

1. Grand Jury
2. Gerstein Hearing
3. Arrest Warrant

6th RTC applies to Line-Ups/Show-Ups that take place after formal charging, not Photo Arrays.
*NY: RTC attaches to line-ups before formal charging where police know you are lawyered up and you request his presence.
Due Process Violations exist to all pretrial identification procedures that are shown to be so unnecessarily suggestive that their is a substantial likelihood of misidentification.

Owners/Residents: Always
Overnight Guests: Always*

Individual at Another's Residence Solely for Business Purposes: NEVER

Owners of Seized Property:
Always if there is REP in area of
from which property is seized

Passengers in Cars:
Only if passenger has REP in
the Item searched or seized
*NY: Always Has Standing

Need Search Warrant: Polly Prefers Cranberry Tarts:
1. Probable Cause
2. Persons (warrant must name the persons expected to be overheard)
3. Conversations (warrant must particularly describe the conversations that can be overheard)
4. Time (must be for a strictly limited period of time)

-Arrest Must be Lawful
-Search Must be CONTEMPORAENEOUS in TIME and PLACE w/Arrest
-Geographic Scope is the Wingspan Including the Body and Clothing

*NY Greater Protection to Arrestee:
-Officer must suspect arrestee is armed in order to search containers in the wingspan

CUSTODY + INTERROGATION
-Custody for miranda purposes means the atmosphere is characterized by police domination and coercion such that their freedom of action is limited in a significant way.
---ex: cop posing as cellmate vs. four cops around you in bed at home
-Interrogation for miranda purposes means any conduct police know or should have known was likely to elicit an incriminating response.

IMPEACHMENT: Miranda Violating Evidence can be used to impeach D's testimony on cross but not the testimony of third party witnesses.
LATE WARNINGS: If initial statements made were the result of inherently coercive police tactics that are offensive to due process, subsequent statements post-warning will not be allowed.
PHYSICAL FRUITS: unclear whether the nontestimonial fruits of Miranda violating statements are admissible.

PC determination to decide whether you can hold and detain suspect until trial.
Unneccessary if there is a GJ indictment or an arrest warrant.
After Arrest: advise suspect of rights, set bail and appoint counsel if necessary.
-decision regarding bail are immediately appealable.

Need Search Warrant: Polly Prefers Cranberry Tarts:
1. Probable Cause
2. Persons (warrant must name the persons expected to be overheard)
3. Conversations (warrant must particularly describe the conversations that can be overheard)
4. Time (must be for a strictly limited period of time)

-Impeaching D's Testimony on Cross
-Exempt Proceedings: grand jury, civil, parole revocation
-Knock and Announce Violations
-Police Acting in Good Faith
---reasonable mistake by officer

Private Hearing where Indictments are Issued (not required)
*NY: Indictment requires establishing all element of the crime and providing reasonable cause to believe accuse committed it.

STD: warrant must specify place to be searched and items to be seized
---if particularized description is contained in an affidavit, the affidavit must be incorporated into the warrant itself.

1. Government Conduct?
2. REP?
3. Facially Valid Warrant?
4. (Good Faith)(MBE ONLY)
5. Properly Executed Search?
6. Exception?
7. Exclusionary Rule?
8. Fruits of the Poisonous Tree

-Express Constitutional Guarantee: Not Implied
-Attaches Once a D is Formally Charged
-Offense Specific: Applies only to charges filed against you, no protection for uncounselled interrogation for other uncharged criminal activity.

Need 1 of the 3 Types of Government Actor:
1. Publicly Paid Police (on/off
duty)
2. Private Citizens, Acting on
Direction of Police.
3. Privately Paid police
Deputized w/Power to
Arrest.

EE: ev that will disappear or dissipate in the time that it would take to get a warrant
HP of Fleeing Felon: allowed to enter a suspect's home or that of a third party to look for him, and evidence discovered in plain view during HP is admissible

Greater Protection than 6th
-Attaches whenever there is significant judicial activity before the filing of a accusatory instrument such that a D may benefit from the presence of counsel.
Applies to situation of unrelated charge questioning.

1. Government Conduct?
2. REP?
3. Facially Valid Warrant?
4. (Good Faith)(MBE ONLY)
5. Properly Executed Search?
6. Exception?
7. Exclusionary Rule?
8. Fruits of the Poisonous Tree

1. Problem w/ Colloquy
2. Jurisdictional Defect (wrong court took plea)
3. D Prevails on Ineffective Assistance of Counsel Claim.
4. P Fails to Fulfill his Part of the Bargain.

No Race or Gender: both sides can challenge juror without stating their reasons for doing so but they cannot be used by either side to exclude perspective jurors based on race or gender

-Public School Students Participating in Extra-Curricular Activities
-Persons Seeking Customs Employment in Connection to Drug Interdiction.
-Railroad Employees Involved in Accidents