Crim Pro

Governing Law

This question is governed by the 4th, 5th, and 6th Amendments of the US Constitution, the WA Constitution, and the WA Rules of Criminal Procedure.

Exclusionary Rule

Under the exclusionary rule, evidence obtained in violation of the Fourth Amendment may not be used in court.

Fruit of the Poisonous Tree

Illegally obtained evidence must be excluded at trial, as must all evidence derived from the exploitation of that evidence.

Impeachment

Illegally obtained evidence may be used for purposes of impeachment at trial.

Independent Source/Intervening Cause

An intervening act of free will can break the causal chain of the exclusionary rule as will an "independent source" for the search (e.g. one officer searched without a warrant but another officer was en route with the warrant).

Search & Seizure

The Fourth Amendment prohibits the state from making unreasonable searches and seizures.

Arrest

Police may arrest a person without a warrant when they have probable cause to believe that a felony has been committed and that this person committed it, unless the arrest takes place in the suspect's residence in the absence of exigent circumstances.

Warrant

A warrant must be based on probable cause: a reasonable magistrate would be strongly suspicious that (1) a particular thing of evidentiary value (2) is at a particular place (3) at a particular time.

Arrest or Search Warrant

An arrest warrant is necessary to arrest a person in his home (absent exigent circumstances). A search warrant is necessary to arrest a party in a third person's home.

Misdemeanor Arrest

An arrest warrant is necessary to arrest a person for a misdemeanor unless it is a violent misdemeanor or was committed in the officer's presence.

Investigative Detention

Police may briefly detain a suspect on the scene if they have a reasonable suspicion of criminal activity. An officer may conduct a protective frisk if she reasonably believes the person is armed and presently dangerous. She may seize anything she immedia

Terry Stop

Washington police may stop an automobile to question the occupant and any passengers if the police have a reasonable suspicion of criminal behavior. Police may reach under the car seat or pat down the occupant and any passengers to check for weapons.

Sobriety Roadblock/Pretextual Stops

Disallowed in Washington.

Reasonable Expectation of Privacy

A person has a reasonable expectation of privacy in his own home but not where things are held out to the public.

Valid Warrant

A warrant must be based on a showing of probable cause, based on submission of an affidavit to a neutral magistrate that sets forth sufficient circumstances for the magistrate to find probable cause.

Probable Cause

Probable cause exists where facts known to the officer, and of which she has reasonably trustworthy information, would be sufficient to warrant a reasonable person in the belief that criminal activity is afoot.

Confidential Informant

Valid confidential informant information must meet a two-pronged test: (1) personal knowledge or some other valid basis for the informant's information; and (2) evidence that the information is reliable.

Execution of Search

Before searching, the police must knock and announce; the search is limited to the scope of the warrant (must be reasonable); and the officers must provide a copy of the warrant to the person searched and a copy of the inventory that will be returned to t

Search Incident to Arrest

The police may conduct a warrantless search incident to a lawful arrest. A formal arrest is a necessary prerequisite for a search incident to arrest. (Includes wingspan and sweep of house if perceived danger.)

Search Incident to Arrest (Automobile)

The search may include the passenger compartment of a car that the arrestee recently was in only if the arrestee is not secured or the officer reasonably believes that evidence of the crime for which the arrest was made may be found in the car.

Automobile Search

The police may search an automobile without a warrant if they have probable cause to believe that the automobile contains contraband or evidence of a crime.

Automobile Inventory Search

Search of an automobile can be made in the course of a justified impoundment if inventory is part of regular impoundment procedure. Locked containers, glove boxes, and trunks cannot be opened.

Plain-View Search

The police may make a warrantless seizure under the "plain view" exception only if they have a prior justification for intrusion on the premises; inadvertently discover the fruits or instrumentalities of the crime; have immediate knowledge that the object

Consent to Search

The police may conduct a warrantless search if they have voluntary, intelligent, and knowing consent. Any person with equal right to use or occupy the property may consent to search and any evidence found may be used against any of the owners. If one owne

Hot Pursuit

Search is reasonable in hot pursuit of a felon.

Evanescent Evidence/Emergency

Search is reasonable if there is a risk that evidence may disappear or be destroyed.

Fourth Amendment Taint

Confessions that are the fruit of an illegal arrest or detention may be suppressed.

Coerced Confessions

Due process is violated if a confession comes as a result of force or threat of force.

Fifth Amendment & Miranda

Prior to interrogation, a person in custody must be given Miranda warnings.

Custodial Interrogation

Custody occurs when the suspect feels he cannot leave; interrogation includes any question or comment that a reasonable officer in the same situation would know is likely to elicit inculpatory or exculpatory statements from a suspect.

Content of Miranda Warnings

You have the right to remain silent, anything you say can be used against you in court. You have the right to presence of an attorney, and if you cannot afford an attorney, one will be appointed.

Waiver

A person may waive his Miranda rights, but the prosecution must prove that the waiver was voluntary, knowing, and intelligent.

Request for Counsel

Request for counsel must be unambiguous; all questioning must cease until the detainee is provided an attorney or he initiates further communication with the police.

Right to Remain Silent

Police may interrogate on an unrelated charge with fresh warnings after the right to remain silent has been invoked.

Fruits of Illegal Confessions

Confessions in violation of or without Miranda are suppressed, but may be used for purposes of impeachment.

Sixth Amendment Right to Counsel

A D must be formally charged; the D cannot be questioned about the charge without an attorney unless the D waives counsel (voluntarily, knowingly, intelligently waives).

Identification and Due Process

A D can attack an identification as denying due process if the identification is unnecessarily suggestive and there is a substantial likelihood of misidentification.

Right at Post-Complaint Line-Up

D has right to have counsel at post-charge lineup.

Remedy for Unconstitutional Identification

The remedy for an unconstitutional identification is exclusion of the identifying witness's in-court identification (unless it has an independent source).

Bail Hearing

All but capital offenses are bailable under the WA Constitution.

Excessive Bail

The WA Constitution prohibits excessive bail.

Gerstein Hearing (w/in 48 Hours)

Where a suspect has been arrested and jailed without a warrant, he must be brought before a magistrate for a probable cause hearing within 48 hours.

Arraignment (14 Days)

Arraignment must take place within 14 days of the filing of information. It is a critical stage of the proceeding as a plea to the charges will be entered, thus the defendant has the right to have counsel present and consult counsel beforehand.

Speedy Trial Rights (60/90 Days)

WA has strict court rules relating to the time for bringing a criminal case to trial. From the date at which time for trial begins to run, trial must be held within 60 days if the defendant is in custody, 90 days if he is not. The remedy for a violation o

Right to Counsel

Under the Sixth Amendment, a criminal D has a right to counsel at all important stages of trial.

Ineffective Assistance of Counsel

Ineffective assistance of counsel occurs when: (1) the attorney falls below an objective measure of reasonably effective assistance; and (2) there is a reasonable probability that the outcome would have been different but for counsel's errors.

Guilty Pleas

Guilty pleas must be knowing, voluntary, and intelligent; the defendant must understand the charge and consequences; and the defendant must be represented by an attorney.

Sentencing

A defendant has right to counsel at a sentencing hearing. Hearsay is admissible at sentencing. Sentencing enhancements must be found by a jury. There is a limit on increasing sentences after a successful appeal.

Prosecutor's Discovery Duty (Brady)

A prosecutor must disclose material exculpatory evidence specifically requested by the defense; in the absence of a specific request, a prosecutor must disclose evidence that by itself creates a reasonable doubt as to the defendant's guilt.

Trial by Jury

The Sixth Amendment right to trial by jury applies to the states.

Fair Cross-Section

A defendant has a constitutional right to a fair cross-section of the community in the jury pool, but not in an individual jury.

Racial/Gender-Biased Preemptories

Preemptory challenges can be used for any reason or no reason, except to exclude jurors on the basis of race or gender.

Juvenile Court

Juveniles have all of the same rights in juvenile court except to a trial by jury; older juveniles that commit more serious crimes will be tried as adults; determination of juvenile status through age is determined at date of trial not date of crime.

Charging Document

The document must give notice of essential elements of a charge. It can be amended later to add lesser-included crimes.

Joinder and Severance of Defendants

Defendants may be joined if their crimes were committed in the same course of conduct. Actions will be severed if prejudice results from joinder (e.g., a confession by one defendant implicating a co-defendant).

Joinder and Severance of Counts

Criminal counts may be joined if the crimes were committed in the same course of conduct or the crimes are the same class of crime. Counts will be severed if joinder results in prejudice.