Entrapment
To prevail with the defense of entrapment, the Defendant must establish:
1) the idea for the crime originated with the police, and
2) the Defendant was not predisposed to commit the crime prior to the solicitation by the government.
Larceny of Bailee
Is the taking and carrying away of the personal property of “another” with the intent to permanently deprive the other person of the property.
- it is possible to commit larceny of you own property if another person, such as bailee has a superior right to possession of the property at the time.
Confession of a Co-Defendant
General Rule:
* When two people are tried together and one has given a confession implicating the other, the 6th Amendment right to confront adverse witnesses prohibits the use of such statement.
- This problem arises because the ability of the non confessing Defendant to compel the confessing co-defendant to take the stand for cross-examination at their joint trial.
Exception: ( The statement maybe admitted if:)
1) all portions of the statement referring to the other Defendant can be eliminated,
2) The confessing Defendant takes the stand and subjects himself to cross-examination with respect to the truth or falsity of what the statement asserts, or
3) the confession of the non testifying co-defendant is being used to rebut the Defendant claim that the confession was obtained coercively, in which the jury must be instructed as to the purpose of the admission.
Search Incident to Arrest (Person)
If a police officer have probable cause to arrest a person discovered, they may search him incident to arrest.
- the search maybe of the person and area into which he might reach to obtain a weapon or destroy evidence.
Informant Undercover
6th Amendment:
- right to counsel to all critical stages of criminal proceeding after a formal proceeding have begun, but does not apply to apply to ______ custodial interrogation
- because this right is “offense specific” the fact that the right to counsel has attached for one charge does not bar questioning without counsel for an unrelated charge.
5th Amendment:
- against self incrimination requires Miranda warning and a valid waiver before any statement made by the police during custodial interrogation can be admitted.
- however, the requirement does not apply where interrogation is by an informant who the D does not know is working for the government because the coercive atmosphere is not present.
Right to Attorney: Misdemeanor
Only applies to misdemeanor trials when sentence of imprisonment is actually imposed.
* fine may be imposed.
Officer Deadly Force
1) use of deadly force to apprehend a fleeing felon only where it is necessary to prevent the felons escape, and
2) Where the felons threatens death or serious bodily harm.
Miranda: Custody
Is an objective Test
* is freedom being constrained in a significant way.
Automobile Arrest
After arresting a person what was recently in an automobile, the police may search the passenger compartment of the automobile if they reasonably believe that the evidence of the offense of which the person was arrested may be found in the automobile.
Open Fields Doctrine
Search and Seizure
Open field doctrine, areas outside of the curtilage are subject to police search, as these area are held out to the public and are unprotected by 14th Amendment.
Curtilage:
- dwelling house and out building
- Determine Curtilage:
1) Proximately of Building to the dwelling
2) Whether the area is enclosed in the same area as the dwelling
3) the step taken by the resident to protect the building from the view of pass by
Burglary: Dwelling (Hotel)
The hotel room constitutes a dwelling for purpose of Burglary.
6th Amendment Interrogation
Interrogation includes not only direct questioning, but also other conduct by police intended to elicit a response.
Conspiracy (bilateral)
There must be a meeting of at least two guilty minds
* i.e. between two or more persons who are actually commit themselves to a scheme
Proximate Cause:
* Problems of proximate cause arise when the harmful result is an element of the crime occur because of the defendant’s acts, but in a manner not intended or anticipated by the defendant.
- general Rule:
= Is defendant is responsible for all events that occur as a natural and probable consequence of her conduct, even if she did not anticipate the precise manner in which they would occur.
Accomplice Liability (sale in ordinary Course)
Absent a statute, most courts would hold that mere knowledge that a crime results form the aid provided in insufficient of accomplice liability, at least where the aid involves the sale of good in the ordinary course.
M’nughten
What must be proven?
If a defendant suffers from delusions, it must be determined whether his actions would have been criminal if the facts had been as they believed them to be.
Automobile exception
v.
Automobile Search Incident to Arrest
Automobile exception:
* Permits a stopped vehicle to be searched in the absence of a warrant if the police have PROBABLE CAUSE to believe that the vehicle contains seizable evidence
Automobile Search Incident to Arrest:
- May not include the passenger compartment of a vehicle from which the person was arrested unless:
1) The person has not been secured, OR
2) the arresting officer has reason to believe that the vehicle contains evidence of the crime for which the arrest was made.
