Advanced Case Law / Questions Flashcards
During an interrogation, what can police NOT do?
Make promises or threats
Swager v State 2024 CR 12
Underwood v State 2011 CR 12
Can you lie to and/or deceive suspects during an interview?
Yes
Bacy v State 2022 (F-2020-636), citing Pierce v State 1994 OK CR 45 (below)
Her claim of deception, wherein she claims the officers lied to her, is likewise irrelevant. Appellant cites no authority for the position that she has a right not to be lied to, and, on cross-examination, the officers in question admitted not only that they lied to Appellant but they were trained to do so
Can you say falsely state you have video/evidence of a suspect’s crime during an interrogation?
Or say their co-conspirator already confessed and named the suspect?
Yes
Yes
Frazier v. Cupp SCOTUS 1969 (deceptive tactics legal)
Can you use suggestive evidence during an interrogation? (ie fake fingerprint cards, evidence bags of hairs, big binder of ‘evidence’)
Yes
Fraizer v Cupp
Oregon v. Mathiason SCOTUS 1977
Can you use manufactured evidence during an interrogation? (ie fingerprint cards with the suspect’s REAL fingerprint on there, evidence bags with the suspect’s REAL hairs inside of it)
No
Florida v. Cayward 1989
New Jersey v. Patton 2003
Can you tell a suspect “This might be your only chance to talk to us?” during an interrogation?
Yes (because true statement)
Commonwealth of Massachusetts v Novo 2004
While testifying, can you mention a Defendant’s previous crimes?
While testify, can you refer to the victim as “the Victim”?
No (Bruner v State 1980)
No (didn’t write source down, saw in OCCA case from 2024 when prosecutor said twice and almost caused mistrial)
Is a Victim’s statement on BWC admissible in court?
Is an Officer’s report admissible in court as evidence?
No (because hearsay)
No (because contains hearsay, ie of victim/witness statements)
from Evidence Questions in Criminal Law book
Wife does not want her phone to be searched, but she is not on scene to say ‘no’.
Can the husband give consent to search her phone?
Yes
Sims v State F-2017-635 (OK CR 2021)
Mr. Smith’s consent for the detective to search the phone waived any possible errors in it’s admission. “The rule to be followed in Oklahoma is as follows: in the absence of fraud or express or implied coercion, an affirmative consent to search, given freely and voluntarily by one’s spouse, maybe used to justify a warrantless search and render its fruits admissible against the ABSENT, NONCONSENTING spouse, except as to areas and property personal to the nonconsenting spouse and not under joint possession or control.
A rights waiver must be CLEAR and UNAMBIGUOUS for a Suspect to invoke their Miranda right to counsel
True/False
True
Davis v US 1994
Can a custodial parent be charged with Child Stealing? (21 OS 891)
Yes
Wilkins v State 1999 OK CR 27
Party that files the appeal?
Party that defends the appeal?
Appellant
Appellee
Can a prosecutor dismiss/drop a case after charges have already been filed?
Yes (assuming prior to a verdict reached, can even be made during trial)
Called Nolle Prosequi (or Nolle Pros)
“Hot pursuit” means some element of a ___
Does a “hot pursuit” need to begin in/about the public streets?
___ ___ means the pursuit of a person who has committed (or is suspected of having committed) a felony
chase (US v Santana 1976, Johnson v US 1948)
No (US v Santana 1976)
Fresh pursuit (22 OK 225)
Are 1st Degree Robbery and Robbery with a Dangerous Weapon two different crimes?
Yes
21 OS 797 (infliction/threatened infliction of SBI)
21 OS 801 (includes imitation firearm)
