Crim Pro

Government may not profit from its own wrongdoing and therefore may not use direct results nor the fruits of illegal action.

Exceptions: Impeachment of testifying D, if Casual Chain can be broken.

D has standing to challenge unlawful government act in premises D legally owns, has legal right to stay in, or where D has automatic standing.

Automatic Standing- when an item is seized, is an essential element of a crime to possess that item, and D is in possession at time of seizure.

• May be made with probable cause.
• Arrest warrant required for arrest in home.
• Felony arrest does not require warrant unless in home
• Misdemeanor arrest requires commission in officer's presence, violent misdemeanor, or serious traffic offense.

Reasonable police officer would be strongly suspicious that D committed a crime.

Police may conduct temporary detention if reasonable, articulable suspicion of criminal activity.

During Terry stop, police may handcuff, check warrants, put suspect in car, ask for ID, order passengers out of car w/ specific reasons.

Cannot ask passengers questions (normally)

Where a reasonable innocent person would not feel free to leave or terminate encounter.

Police conduct a search when entering an area where D has a reasonable expectation of privacy, and may only do so with a warrant issued by a neutral and detached magistrate upon probable cause (unless exceptions)

• In a home (where a private citizen standing in legal position could not see)
• In a car
• WA: open field, curbside garbage, pen register, bank records

reasonable magistrate would be strongly suspicious that thing of particular evidentiary value is at a particular place at a particular time.

Officers must obtain and serve warrant in timely fashion

• Probable Cause
• Neutral/detached magistrate
• Precise description

• Aguilar-Spinelli test:
• basis of knowledge and reliability of information

False statement intentionally or recklessly included and material to finding of PC

• Knock and announce
• Scope (reasonable search)
• Copy of warrant and receipt provided
• May detain persons on premises but cannot search w/o additional PC
• Plain view

When officers are where they are legally entitled to be, may seize items that are not described in warrant, so long as they an tell immediately from looking that it is evidence/contraband, and discovery is inadvertant.

• No warrant required.
• Must be reasonably contemporaneous
• within the wingspan
• a protective sweep if reasonable suspicion of armed lurkers
• car passenger compartment (only if arrestee unsecured and reasonable grounds to suspect evidence related to crime)

No warrant required. Need PC to suspect contraband in car, scope depends on item. Car must be drivable.

• No warrant required.
• For car: justified impoundment following normal procedures, search cannot expand to locked containers, trunk unless manifest necessity
• For person: upon booking in jail

• No warrant required.
• Prior justification for being on premises, inadvertantly discover fruits or instrumentalities of crime, have immediate knowledge that object is seizable, and can demonstrate some exigency requiring seizure

• No warrant required.
• Scope of consent limits search as reasonably understood.
• Must be voluntary, intelligent, knowing
• Must be notified of right to refuse
• 3rd person can authorize if actual authority to consent. Present and objecting non-consenter wins over consenter

• No warrant required.
• In hot pursuit of fleeing felon, evidence may be destroyed

• No warrant required.
• Where suspect is lawfully stopped, can pat down exterior of cloting where reasonable and articulable suspicion that suspect is arms. Can remove item if feels like weapon or plain feel reveals contraband.

Fruits not supressed, though confession is. May be used for impeachment.

• Must be given to person in custodial interrogation. Does not apply to spontaneous statements.
• May be waived if VIK

must be unambiguous

• Invoking right to silence: questioning must stop and begun again only with fresh Miranda
• Invoking right to counsel: questions must cease until attorney present or D initiates further communication

• Must not be unnecessarily suggestive or likelohood of misidentification.
• D has right to counsel

D has a right to bail, which can only be withheld in capital cases. Conditions must be set to secure presence at trial, prevent violent crime, or prevent interference with justice. Bail cannot be excessive.

If D arrested w/o warrant, hearing required to determine PC w/i 48 hours. No right to counsel, may be conducted by video

• Must be held within 14 days of filing information if D in jail or subject to release conditions.
• Otherwise, within 14 days of first court appearance after filing.

• D must be tried within 60 days of arraignment if in custody or 90 if not.
• Remedy: dismissal with prejudice. Court will consider length of delay, reason, whether D asserted right to speedy trial, prejudice.

D has right to counsel in all criminal cases. May be waived if VIK.

D must demonstrate that counsel performed below objective measure of competency and that but for counsel's deficient performance, there was reasonable probability that outcome of proceeding would have been different.

• Must be VIK
• D must be told charge, consequences
• D has right to attorney

if prosecutor violates deal after guilty plea entered, court may permit withdrawal of plea or specific performance of deal

• Right to counsel.
• D has absolute right to speak on own behalf
• Judge not permitted to impose sentence in excess of standard range

Must disclose material exculpatory evidence specifically requested. Absent request, must disclose evidence that creates reasonable doubt about D's guilt.

Right to unanimous verdict from 12 jurors. Jury pool should represent fair cross section of community.

• Unlimited for cause (bias, etc...)
• Peremptories cannot be used for racial/gender discrimination

Cannot be tried twice for same offense. Attached when jury sworn or first witness sworn in bench trial.

May be joined at trial or request separate if necessary for fair determination of guilt/innocence.

Judge has broad discretion to join cases but D must properly object. Proper objection when 1 crime is sufficiently greater than the other and possibility of tainting jury against lesser. Joinder also improper if D wants to testify in 1 but not other.

Prosecutor cannot intentionally do this.

To preserve presumption of innocence, D cannot be compelled to appear in prison clothes.

Judge has broad discretion to do this.

Defense must disclose identity of witnesses and statements and provide notice of alibi.

requires warrant with probable cause, naming persons and describe conversations to be heard, time must be limited, and return describing conversations.