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Criminal Procedure - Coggle Diagram

- - - - the accused cannot withdraw her guilty plea unless:
        
        jurisdictional defect;
        
        ineffective assistance of counsel; or
        
        defective plea-taking colloquy;
        
        prosecutor fails to fulfill his side of plea bargain. (Note: Judge is not bound by prosecutor's bargain.)
- - - - a search is a governmental intrusion into an area where a person has a reasonable expectation of privacy
        
        the accused has no standing to assert an unconstitutional search and seizure defense when the search occurred in a friend’s home, where the accused has no reasonable expectation of privacy.
        
        SRThe only person who can challenge the constitutionality of a search or seizure is the person who was searched or seized.
        
        Standard: Whether the accused has a reasonable expectation of privacy is determined by the totality of the circumstances, and the accused has the burden to prove this expectation.
        
        An expectation of privacy always exists (1) where the person has a right of possession, (2) where the place searched was the defendant’s home, and p. 187(3) when the defendant was an overnight guest in someone else’s home. Standing is a frequent test area.
        
        subrule: if a person turns over an object to another party, that person surrenders any reasonable expectation of privacy he might have had in that object.
        
        a reasonable search requires a valid search warrant or warrant exception
    - - seizure of a thing
        
        automobile
      - arrest: the seizure of a person
        
        warrants
        
        required for arrests in private unless an exception applies
        
        if the person is in someone else's home, then a search warrant and an arrest warrant are necessary.
        
        not required for arrests in public if supported by probable cause.
      - a seizure is the government's exercise of control over a person or thing
    - - challenging search and seizure subrule: a person challenging the search or seizure must have a reasonable expectation of privacy in the object or place being searched and seized.
      - standing rule: only the actual victims of an alleged fourth amendment violation have standing to challenge it
      - if a person is aggrieved by an illegal search and seizure only through the introduction of evidence secured by a search of a third person's premises or property, that person has not had any rights infringed.
  - - - if there is probable cause, a search or seizure must be authorized by a valid warrant
    - - automobile search
        
        probable cause that any area of car to be searched (including containers) harbors evidence of criminality.
      - exigent circumstances
        
        police have reasonable belief to believe delay in obtaining warrant would result in evidence destruction, danger to public or police, or flight of suspect.
      - consent
        
        voluntary under totality of circumstances. May not be coerced and not merely acquiescence to authority. May not search home over present objection of co-occupant. Any illegal stop invalidates a subsequent consent.
      - plain view
        
        police may seize an item they see in plain view or can “plain feel,” if they have authority to be where they are, and the item is connected with criminality.
      - search incident to unlawful arrest
        
        person
        
        contemporaneous search of person, lunge area, and containers for weapons or evidence.
        
        car
        
        reasonable belief that car contains evidence of crime of arrest (not speeding)
        
        no search unless reasonable belief that arrested occupant or recent occupant may access car;; OR
      - inventory
        
        within scope of a reasonable and routine written policy or procedure to protect valuables, police, and public. Police may inventory contents of possessions at time of booking and automobiles after impoundment.
      - Terry
        
        stop
        
        reasonable suspicion that suspect is engaged in criminal activity based on specific and articulate facts. Reasonable suspicion is less than probable cause, but more than a hunch. Brief detention only.
        
        frisk
        
        Terry Stop plus reasonable suspicion that suspect is armed and dangerous. May not frisk for evidence, only weapons. Pat-down only
    - - if there is no probable cause, then a warrant exception is required to have a valid (reasonable) search or seizure.
    - - requirements
        
        must be reasonable
        
        Before the search, police must knock and announce their presence and purpose before entering the premises unless they have reasonable grounds to believe it would be dangerous or futile. The requirement to knock and announce is also suspended if the police have reasonable grounds to believe evidence would be destroyed.
      - permitted
        
        During the search, police may take reasonable steps to secure the premises, including temporarily detaining individuals at the scene and ordering occupants out of a car.
    - - Is there information causing a reasonable person to conclude it is more probable than not that evidence, a person, or contraband of a crime will be found?
        
        considerations:
        
        reliable informant
        
        independently corroborated
        
        credible information
    - - determine if the person searching is a government actor or a private party acting as an agent of the government?
        
        no constitutional violation will exist unless the individual had a reasonable expectation of privacy and either the government actor did not have a valid warrant or they executed an invalid warrantless search.
    - - The exclusionary rule is the main sanction against the state for violating an accused’s constitutional rights.
        
        Any evidence gathered as a result of the state’s unconstitutional conduct is inadmissible against the person whose rights were violated unless an exception applies. This rule is known as the fruit of the poisonous tree.
- - - - right to counsel after the initiation of adversarial proceedings. The state cannot undermine this right by deliberately eliciting a confession in the absence of counsel. If formal charges are brought, such as an indictment and not a mere arrest, then the right to counsel arises. The test is violated by deliberately eliciting a confession without counsel.
      - Once invoked, police must scrupulously honor
    - - right to silence when in a custodial interrogation
        
        Once invoked, police must scrupulously honor
        
        If the suspect initiates conversation or a significant amount of time has elapsed, the police can resume interrogation after giving new warnings and receiving a valid waiver. Thus, if the first interrogation was invalid as without warnings and then a valid confession occurs in a second interrogation, that confession will be admissible with proper warnings and proper waiver.
      - The state—the police—are required to inform the accused of their rights through Miranda warnings.
        
        miranda warnings
        
        Right to remain silent;
        
        Any statements can be used against you;
        
        Right to counsel before and during questions;
        
        If you cannot afford a lawyer, one will be appointed for you.
- - - - exceptions
        
        procedural exceptions
        
        grand jury proceedings
        
        parole revocation hearing
        
        impeachment purposes
        
        civil proceedings
        
        doctrinal exceptions
        
        reasonable good faith reliance on facially valid warrant, although later found to be lacking probable cause
        
        clerical errors by court employees in maintaining records such as arrest warrants
        
        knock and announce violation
        
        isolated negligence by police in maintaining records such as arrest warrants
        
        found not to be fruit of the poisonous tree
        
        inevitable discovery
        
        attentuation
        
        independent source for obtaining information