(9) Criminal Procedure: General Knowledge

Question 1

Guilty Pleas

Answer 1

A guilty plea is only valid if (1) it is voluntary and intelligent; AND (2) the judge informs the D of the following at the time the plea is entered: (i) the nature of the charge; (ii) the maximum possible sentence; (iii) the mandatory minimum sentence; (iv) that the D has the right to a jury trial, to confront witnesses, and to be protected against self-incrimination; and (v) that those rights will be waived.

Question 2

Reasonable Suspicion

Answer 2

There is sufficient knowledge to induce an ordinarily prudent and cautious person under the circumstances to believe that criminal activity is a foot.

(Courts use a sliding scale to determine if present).

Question 3

Rule:

Probable Cause

Answer 3

Probable cause arises when the government agent (1) has trustworthy facts or knowledge; (2) sufficient to warrant a reasonable person to believe; (3) that the person committed a crime.

Question 4

Where can the facts supporting probable cause come from?

Answer 4

The facts supporting probable cause comes from (1) the police officers personal observations; (2) information from a reliable known informant or from an unknown informant that can be independently verified; OR (3) Evidence seized during stops based on reasonable suspicion, evidence discovered in plain view or evidence obtained during consensual searches.

Note: police officers can use 1st hand knowledge of others to create probable cause.

Question 5

Knowing and Intelligent (means)

Answer 5

The D must understand the nature of the right being waived and the consequences for waiving it.

Question 6

Voluntary (means)

Answer 6

It is the product of the D’s free will.