Constitutional Criminal Procedure Exam 1

Does standing concern a violation of rights?

No. The police may violate the 4th amendment but that does not automatically give you standing to go to trial over it

Murray v. United States

Officer entered a warehouse without a warrant and observed burlap-wrapped bales which they suspected contained marijuana. Officers left the warehouse and then obtained a warrant based on an untainted affidavit. Court said that independent source doctrine can apply if can find that police would have applied for the warrant even if they had not entered the warehouse.

Fundamental Fairness

"shock the conscience" in order to violate due process; Rochin V. California (stomach pumping)

Massachusetts V. Sheppard

(good faith rule): evidence seized by reasonably well- trained officers acting in good faith, is admissible, even if the seizure technically violated the law; judge assured officers that he would fix the search warrant though he never did, so the evidence was allowed into court

Arizona v. Evans

Clerical Error: police officers could not be held responsible for a clerical error of a court worker. It assumes that the police officer worked in good faith.

Cost/Benefit Analysis of Hudson V. Michigan

Cost: drug evidence would be lost, danger increases, risk destruction of evidence Benefit: None. The police had a warrant and there is no definitive time period required to wait before entering a premises so there was no real police misconduct

Silver Platter Doctrine

Manipulating what was established in Weeks by possibly sending in state officers to violate 4th amendment instead of feds or trying the case is state court instead of federal

Is the holding in Argersinger extended past threat of incarceration?

No, an indigent defendant does not have the right to appointed counsel if the consequences are serious (ex. losing a license) but do not risk incarceration

Is any remedy described in the 4th amendment?

No, but remedies were created otherwise there is no point in having the right in the first place if it can be violated with no consequences

Total Incorporation

The theory that the Fourteenth Amendment's due process clause requires the states to uphold all freedoms in the Bill of Rights; Justice Black; minority opinion

Selective Incorporation

Theory that due process entails only those things that are fundamental and essential rights; Justice Frankfurter; majority opinion

Subjective

Your own opinion that may be honest and true but is irrelevant of reason and logic

Argersinger v. Hamlin

expanded 6th amendment by declaring that indigent defendants were entitled to representation for petty offenses if they faced the possibility of incarceration as punishment

Mapp V. Ohio

freedom from unreasonable searches and seizures

Rakas v. Illinois

no expectation of privacy for automobile passengers that do not own the car

Malloy V. Hogan

privilege against self-incrimination

Robinson V. California

prohibition against cruel and unusual punishment

Pointer V. Texas

right to confront witnesses

Independent Source Doctrine

the doctrine that permits evidence to be admitted at trial as long as it was obtained independently from illegally obtained evidence

United States V. Calandra

the supreme court ruling that refused to extend the exclusionary rule to grand jury questions based on illegally seized evidence

Irvine V. California

Police made a copy of a key to obtain illegal entrance into a man's house to plant surveillance equipment to obtain incriminating evidence against him. Did not qualify as to "shock the conscience"

Inevitable Discovery Doctrine

established that if illegally obtained evidence would in all likelihood eventually have been discovered legally, it may be used; Nix V. Williams

attenuate

even though there is illegality, it can be interrupted; ex. if a person is arrested without probable cause, then released, the rearrested with probable cause, any evidence following the correct arrest may be admitted into court

Wolf v. Colorado

Fourteenth Amendment did not impose specific limitations on criminal justice in the states, and that illegally obtained evidence did not necessarily have to be excluded from trials in all cases. It was agreed that protection from arbitrary intrusion by the police is fundamental. However, the remedy of the exclusionary rule was not found to be fundamental.

Burger Court

4th amendment does not REQUIRE exclusionary rule, does not consider judicial integrity, only purpose of exclusionary rule is to deter police misconduct

Johnson v. Zerbst

6th Amendment right to council applies to all federal felony cases in federal court for an indigent defendant

What was necessary for the Weeks ruling to apply to cases?

1. Federal Court 2. Federal Crime 3. Federal Officer

Old Rules of Standing

1. You own the thing that was seized (overruled now) 2. You are the owner of the premises searched (still valid) 3. You were at the place with permission (overruled now) 4. You were charged with a possessory offense (overruled now)

After Herring V. U.S., what evidence would suffice to justify application of the Exclusionary Rule in these circumstances?

1. you can prove there was intentional misconduct 2. you can prove that the system is highly neglected and full of errors

Years of the Warren Court

1953-1969

Years of the Burger Court

1969-1986 (up to the present day the court follows the Burger approach)

Fruit of the Poisonous Tree Doctrine

A legal principle that excludes from introduction at trial any evidence later derived as a result of an illegal search or seizure.

Brenlin v. California

A passenger in a vehicle has standing to challenge the legality of a traffic stop. Even though it is the driver that is being stopped, defendant was still granted standing as he too was seized

Davis v. United States

A search conducted in objectively reasonable reliance upon binding appellate precedent that has since been overruled is not subject to the exclusionary rule.

What did Mapp V. Ohio do?

Applied the Weeks case to the states, changed the Wolf case (no longer allowed to use other remedies), Incorporated the 4th amendment and applied it to the states

Objective

Belief that is reasonable and can be supported and proven with evidence

Is the good faith exception based on subjective or objective reasoning?

Both. It needs to be shown that an officer believed the search warrant is valid and it needs to be shown it was reasonable to believe it was.

Standing in Criminal Litigation

Depends on whether the defendant is the proper person to complain about particular police illegality

Weeks v. United States

Established the exclusionary rule in federal cases. Prohibited evidence obtained by illegal searches and seizures from being admitted in court.

INS V. Lopez-Mendoza

Exclusionary Rule does not apply at deportation proceedings

Pennsylvania Board of Probation & Parole V. Scott

Exclusionary Rule does not apply at parole revocation proceeding

United States V. Janis

Exclusionary Rule does not apply in civil tax proceedings

Illinois V. Krull

Exclusionary Rule does not apply where police conducted search pursuant to an unconstitutional statue authorizing searches

Michigan v Defillippo

Exclusionary Rule does not apply where police made arrest based on an ordinance subsequently declared unconstitutional

Plymouth Sedan V. Pennsylvania

Exclusionary rule does apply to forfeiture proceedings

Herring v. United States

Exclusionary rule does not apply if officer acts in good faith, as there was an arrest warrant in the system that was incorrect.

Burger Cost/Benefit Analysis

Exclusionary rule is costly and so they need to weigh it against how much using it will benefit the deterrence of police misconduct

Remedy

Exclusionary rule, officer discipline, civil trial, etc.

"Good Faith" excpetion

If there is a search warrant, there is no need to discuss good faith

Minnesota v. Carter

In accordance with the Fourth Amendment, do household visitors have the same protection against unreasonable searches and seizures as do residents or overnight social guests? NO!

McDonald V. Chicago

Incorporated the 2nd Amendment right to bear arms to the states

Minnesota v. Olson

Overnight guest in homes are protected against warrantless searches

Rawlings v. Kentucky

Ownership of the drugs was not enough to confer a right to object to the search, because the question was whether the respondent had a legitimate expectation of privacy in the area that was searched. (overruled old standing rule #4)

Birchfield v. North Dakota

Police can't draw blood from DUI suspects without a warrant but they can require a person take a breath test without a warrant if they have been arrest for a DUI

Benton V. Maryland

Prohibition against double jeopardy

Tibbs V. Indiana

Prohibition against excessive fines

New Rule of Standing

Reasonable Expectation of Privacy

Klopfer V. North Carolina

Right to compulsory process to obtain presence of witnesses

Warren Court

Right=Remedy (exclusionary rule), imperative of judicial integrity, deterrence of police misconduct

Byrd V. United States

Ruled that a driver of a rental car who I snot an authorized driver on the rental agreement DOES have standing to challenge the constitutionality of a search of the vehicle.

Missouri V. McNeely

Ruled that police should obtain a search warrant prior to the drawing of a person's blood for alcohol testing (search warrants were more easily obtained now)

Right

The 4th amendment, protection from illegal searches and seizures

Brewer v. Williams

The S.C. ruling that once judicial proceedings begin, the Sixth Amendment to the United States Constitution dictates that the suspect has a right to counsel.

Powell v. Alabama

The Supreme Court ruled here that the right to counsel was required by law in death penalty trials

How did the Due Process Clause of the 14th Amendment change the fact the Bill of Rights were previously on restrictions on the Federal, not state governments?

Total Incorporation, Selective Incorporation, Fundamental Fairness

District of Columbia V. Heller

U.S. Supreme Court case that upheld that the Second Amendment protects an individual's right to possess a firearm, not the states (however since this was the DOC, it did not apply to the states)

Gideon V. Wainwright

assistance of counsel to indigent defendants in felony trials in the states; applied 6th amendment to the states

Standing in Civil Litigation

concerning whether the person has an adequate personal stake in the controversy at hand