Crim Pro Notes
Custody- One’s liberty is significantly restrained and one feels like he is not free to leave.
Plainview doctrine- Officer is where he has a right to be and it must, immediately apparent evidence of crime or contraband, Right of Access to it, no need to be inadvertently discovered.
Probable cause- Totality of circumstances and reliability factors from Aguillar/Spinelli/Gates
5th Amendment right to counsel- Right to counsel all questioning must cease unless they initiate further contact with the police.
5th Amendment right to Counsel- The testimony need only furnish a link in the chain of evidence against them, if a witness. Since they are not D’s they cannot refuse to take the stand, they would have to take the stand and invoke the privilege with each question asked.
Immunity- Use Immunity and Transactional Immunity.
Stop- Only needs reasonable suspicion. Stop is a seizure within the meaning of the constitution and reasonable suspicion is required for reasonableness. Reasonable suspicion exists when there are “specific articulable facts that criminal activity is afoot. A stop is a minimal intrusion. Officer may ask questions to confirm or dispel of suspicion.
Two requirements for Miranda to be implicated- Custody and Interrogation
Interrogation- any words or actions of the police that they should know are likely to illicit an incriminating response.
Inventory-
Fruit of the Poisonous tree doctrine- applies if the initial stop of the car was unconstitutional.
Actual Stop- Federal when the suspect submits to the show of authority or physical force. LA- actual stop is imminent
Curtilage- is that area to where the intimate activities of the home extends. Factors to consider in determining curtilage is the proximity to the residence, whether there are enclosures, activity to which it is used.
Search- is an invasion into one’s reasonable expectation of privacy.
Warrant- Probable cause requirement and 2. Particularity requirement ( requires the
Plainview doctrine- Officer is where he has a right to be and it must, immediately apparent evidence of crime or contraband, Right of Access to it, no need to be inadvertently discovered.
Probable cause- Totality of circumstances and reliability factors from Aguillar/Spinelli/Gates
5th Amendment right to counsel- Right to counsel all questioning must cease unless they initiate further contact with the police.
5th Amendment right to Counsel- The testimony need only furnish a link in the chain of evidence against them, if a witness. Since they are not D’s they cannot refuse to take the stand, they would have to take the stand and invoke the privilege with each question asked.
Immunity- Use Immunity and Transactional Immunity.
Stop- Only needs reasonable suspicion. Stop is a seizure within the meaning of the constitution and reasonable suspicion is required for reasonableness. Reasonable suspicion exists when there are “specific articulable facts that criminal activity is afoot. A stop is a minimal intrusion. Officer may ask questions to confirm or dispel of suspicion.
Two requirements for Miranda to be implicated- Custody and Interrogation
Interrogation- any words or actions of the police that they should know are likely to illicit an incriminating response.
Inventory-
Fruit of the Poisonous tree doctrine- applies if the initial stop of the car was unconstitutional.
Actual Stop- Federal when the suspect submits to the show of authority or physical force. LA- actual stop is imminent
Curtilage- is that area to where the intimate activities of the home extends. Factors to consider in determining curtilage is the proximity to the residence, whether there are enclosures, activity to which it is used.
Search- is an invasion into one’s reasonable expectation of privacy.
Warrant- Probable cause requirement and 2. Particularity requirement ( requires the