Con crim pro

Question 1

under the fourth amendment

Answer 1

a search or seizure must be reasonable

Question 2

automobile stop standard

Answer 2

must be justified by reasonable suspicion

roadblock is justified where: (1) cars are stopped on a neutral, articulable standard, and (2) the stop is closely related to a particular problem.

Question 3

things/places in which someone has no reasonable expectation of privacy

Answer 3

sound of ones voice
smell of ones luggage/person
magazines offered for sale
bank records

Question 4

hypo: police gets cell site information from phone carrier

Answer 4

no - reasonable expectation of privacy of GPS data on phone; need warrant

Question 5

knocking requirement

Answer 5

generally, officer executing a search warrant at a home must knock and await admittance. however, no knock violations do not

Question 6

requirements of warrantless search incident to arrest

Answer 6

(1) allowed only when person is arrested pursuant to probable cause:
(2) may search for weapons or evidence within wingspan
(3) may search automobile if arrestee may still gain access OR within reasonable time if arrestee in squad car
(4) searches of cell phones/other tech NOT allowed unless on balance, needed to advance legit interest (ie, prevent more crime)
(6) must be contemporaneous with arrest, except automobile which may be towed to search later OR searched without warrant
(6) police may conduct inventory search when incarcerating

Question 7

automobile may be searched without a warrant when

Answer 7

if an officer has probable cause to believe that a car contained fruits, instrumentalities, or evidence of a crime

they can search without a warrant, any part of the car where such things could be hidden

Question 8

search is valid with consent when consent is given by

Answer 8

(1) the subject of the search
(2) someone police reasonably believed was a co-occupant
(3) 9 yr old child can consent to search of common areas of home
(4) parents usually have authority to consent to search of child’s bedroom as long as they have access
(5) note for adult children parents cannot consent to search of locked sub-containers
(6) objecting co-occupant physically present withdraws consent of other co-occupant

Question 9

stop and frisk standard

Answer 9

must have reasonable suspicion of criminal activity to stop

must have reasonable suspicion of being armed to frisk

Question 10

catchall circumstances in which police may make warrantless search

Answer 10

when pursuing a fleeing felon
under exigent circumstances like when evidence might be destroyed
when evidence is “evanescent” and subject to disappear

note: this does NOT include taking a blood sample to capture blood alcohol content

Question 11

stops and searches at the border

Answer 11

stops may be made if officer reasonably suspects that automobile may contain illegal aliens – racial/ancestry profiling not allowed
warrantless searches not allowed unless they fit one of the exceptions, including the probable cause automobile exception
fixed checkpoints allowed - may conduct search without reasonable suspicion

Question 12

warrant for wiretapping must be justified by

Answer 12

a showing of probable cause related to a specific crime

must be limited to short period of time

Question 13

right to counsel attaches once and includes

Answer 13

adversarial judicial proceedings have begun

this includes:  
post indictment interrogation 
preliminary hearings  
post-charge lineups 
guilty pleas and sentencing 
obviously trials 
appeals as a matter of right

Question 14

right to counsel excludes proceedings including

Answer 14

blood sampling 
photo identifications 
taking of handwriting or voice samples 
lineups before charging 
discretionary appeals
post-conviction proceedings

Question 15

miranda warning elements

Answer 15

(1) right to remain silent
(2) anything he says can be used in court
(3) right to an attorney
(4) court will appoint one if indigent

Question 16

miranda warning must be made

Answer 16

before any interrogation by police in custody:

(1) custody exists when defendant reasonably knew he was not free to terminate the interrogation and leave OR if the environment presented the same inhernetly coercive pressures of the station house questioning
(2) interrogation exists when police engage in express questioning, or actions intended to elicit an incriminating response. does NOT include spontaneous statements or booking questions

Question 17

if defendant is silent after miranda warning / indicates that he wishes remain silent, what must police do?

Answer 17

scrupulously honor that right

this means that they must immediately stop questioning defendant

must not badger detainee into talking

must wait at least a significant time (several hours or more) before re-initiating questioning, and even then must be about a seperate crime

Question 18

if defendant requests attorney after miranda warning / indicates that he wants an attorney, what must police do?

Answer 18

police must cease questioning about anything

must not resume until attorney present

note: request must be unambiguous and specific

prohibition on interrogation follows defendant after release from custody + 14 days

Question 19

pretrial identification must not be

Answer 19

unnecessarily suggestive
AND
have a substantial likelihood of misidentification

Question 20

exclusionaary rule

Answer 20

the fruit of the poisonous tree doctrine. exclude certain evidence obtained from unconstitutional action.

analyze:
- temporal proximity of constitutional violating behavior to derivative evidence-gathering

Question 21

confrontation clause requires

Answer 21

that for evidence to be used against a defendant, the evidence must be put on by a witness

• whose demeanor the fact finder and defendant can observe
• who the defendant is able to cross-examine

Question 22

double jeapordy attaches when

Answer 22

in a jury trial, the jury is sworn and empaneled

in a bench trial, when first witness is sworn

Question 23

double jeapordy doesnt exist when tried for a crime that

Answer 23

requires proof of at least on additional element, even if other facts and proof are the same

Question 24

confessions are in/admissible when

Answer 24

• inadmissible when obtained by physical coercion
• inadmissible when police uses above and beyond mental manipulation (beyond simply lying about co-defendant’s confessions)
• inadmissible when police send an undercover informant to question suspect / secretly record suspect after miranda attorney rights have attached
• admissible when statement is made before custody initiates
• admissible when statement made voluntarily
• admissible if made during custodial interrogation if miranda rights waived KNOWINGLY AND VOLUNTARILY
• inadmissible if made while arrested after being illegally arrested without probable cause