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100 > CP > Flashcards

CP Flashcards

1
Q

GOV ACTION

A

SEARCH AND SEIZURE MUST BE BY GOV AGENT/DIRECTION OF THE GOV

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2
Q

SEARCH

A

GOV SEARCH OF A LOCATION W A REASONABLE EXPECTATION OF PRIVACY

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3
Q

OPEN FIELDS DOCTRINE

A

OPEN AREAS W NO EXPECTATION OF PRIVACY

NOT A SEARCH

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3
Q

PROBABLE CAUSE

A

REASONABLE PERSON WOULD CONCLUDE IT IS MORE PROBABLY THAN NOT THT A CRIME HAS TAKEN PLACE

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4
Q

WARRANT REQ

A

SEARCHES MUST BE PURSUANT TO A WARRANT

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5
Q

WARRANT REQS (DETAILS)

A

1) ISSUED BY DETACHED MAGISTRATE

2) FACTS MUST BE FRESH

3) PERSON/PLACES MUST BE SPECIFIC

4) CANNOT EXCEED THE SCOPE

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6
Q

INFORMANTS

A

POLICE CAN RELY ON INFORMANTS FOR PC

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7
Q

PLAIN VIEW

A

POLICE CAN SEIZE WHAT IS IN PLAIN VIEW DURING A LAWFUL SEARCH

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8
Q

ILLEGAL SEARCH

A

WILL NOT AUTOMATICALLY DISMISS INDICTMENT

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9
Q

PROTECTIVE SWEEP

A

SEARCH FOR ADDTL CRIMINALS

ALLOWED FOR SAFETY OF OTHERS PRESENT

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10
Q

EXCEPTIONS TO WARRANT REQ

A

CONSENT
SITLA
AUTOMOBILE
INVENTORY
EXIGENT CIRCUMSTANCES
BORDER

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11
Q

CONSENT

A

ONE WHO HAS CONTROL/APPARENT AUTHORITY OVER THE PROPERTY

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12
Q

CO-OCCUPANT CONSENT

A

A PRESENT CO-OCCUPANTS CAN REFUSE

A NON PRESENT CO-OCCUPANT CANNOT REFUSE

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13
Q

SEARCH INCIDENT TO LAWFUL ARREST

A

ARREST MUST BE LAWFUL

SEARCH OF PERSON/WINGSPAN

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14
Q

ARREST OF A CAR OCCUPANT

POLICE MAY SEARCH PASSENGER COMPARTMENT IF

A

1) OCCUPANT IS UNSECURED
2)REASONABLE BELIEF OF EVIDENCE OF CRIME OF ARREST

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15
Q

INVENTORY SEARCH

A

AFTER ARREST AT THE POLICE STATION, POLICE CAN SEARCH THE PERSON/CAR

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16
Q

EXIGENT CIRCUMSTANCES

A

REASONABLE BELIEF EVIDENCE MAY BE LOST OR DESTROYED

EXCEPTION TO WARRANT

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17
Q

ILLEGAL AUTOMOBILE STOP-NO VIOLATION:

A

IF THERE WAS NO REASON TO PULL THE CAR OVER, NOTHING FOUND IS ADMISSIBLE

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18
Q

LEGAL AUTOMOBILE STOP- TRAFFIC VIOLATION

A

POLICE CANNOT SEARCH THE CAR

UNLESS SOME EVIDENCE OF OTHER CRIMES

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19
Q

AUTOMOBILE STOP- PROBABLE CAUSE:

A

POLICE MAY SEARCH ENTIRE CAR IF PROBABLE CAUSE THE CAR IS CARRYING CONTRABAND

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20
Q

BORDER SEARCH

A

NO WARRANT NECESSARY

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21
Q

SEARCH OUTSIDE THE US

A

US OFFICIALS MAY SEARCH YOU ON FOREIGN LAND

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22
Q

DOG SNIFF

A

NOT A SEARCH IN A PUBLIC PLACE

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23
Q

STOP & FRISK

A

STOP: RS CRIMINAL ACTIVITY IS AFOOT

FRISK: REASONABLE BELIEF PERSON IS ARMED AND DANGEROUS

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24
Q

AUTOMOBILE STOPS

A

CHECKPOINTS ALLOWED W GENERIC UNIFORM METHOD FOR STOP

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25
Q

MIRANDA ELEMENTS

A

1) CUSTODY
2) INTERROGATION

26
Q

CUSTODY

A

REASONABLE PERSON WOULD NOT FEEL FREE TO LEAVE

27
Q

VOLUNTEERED STATEMENTS

A

NO MIRANDA REQ’D IF SUSPECT VOLUNTEERS INFO

27
Q

INTERROGATION

A

POLICE ATTEMPTING TO ELICIT CRIMINAL RESPONSE

28
Q

MIRANDA WARNINGS

A

1) RIGHT TO REMAIN SILENT
2) ANYTHING SAID CAN B USED AGAINST U
3) RIGHT TO AN ATTORNEY
4)IF U CANNOT AFFORD ONE, ONE WILL BE PROVIDED

29
Q

IF YOU REQ A LAWYER

A

ALL QUESTIONING MUST STOP

30
Q

RIGHT AGAINST SELF INCRIMINATION

A

NEVER REQ’D TO TESTIFY
MAY BE REQ’D TO PERFORM PHYSICAL ACTS
CANNOT BE FORCED TO MAKE STATEMENTS

31
Q

WAIVER OF MIRANDA RIGHTS

A

1) KNOWINGLY AND VOLUNTARY
2) TOTALITY OF CIRCUMSTANCES

32
Q

LINE UPS AND IDS

A

CANNOT BE UNNECESSARILY SUGGESTIVE

TOTALITY OF CIRCUMSTANCES

32
Q

LINEUPS-RIGHT TO COUNSEL

A

NO RIGHT TO COUNSEL PRIOR TO INDICTMENT

RIGHT TO COUNSEL AFTER INDICTMENT

33
Q

RIGHT TO COUNSEL

5TH AMENDMENT

6TH AMENDMENT

A

RIGHT B4 CHARGES OR INDICTMENT

RIGHT AFTER FORMAL CHARGES

34
Q

RIGHT TO EFFECTIVE COUNSEL

A

1) DID THE LAWYER DEVIATE FROM THE NORMS

2)REASONABLE PROBABILITY THE OUTCOME WOULD HAVE BEEN DIFFERENT

35
Q

WAIVER OF RIGHT TO COUNSEL

A

MUST KNOWINGLY WAIVE

36
Q

RIGHT TO COUNSEL AT ALL CRITICAL CHANGES

A

POST INDICTMENT INTERROGATIION

PRELIMINARY HEARINGS FOR PROBABLE CAUSE TO PROSECUTE

ARRAIGNMENT

POST CHARGE LINEUPS

GUILTY PLEAS AND SENTENCING

FELONY TRIALS

MISDEMEANOR TRIALS W IMPOSED IMPRISONMENT

OVERNIGHT RECESSES DURING TRIAL

APPEALS AS A MATTER OF RIGHT

APPEALS OF GUILTY PLEAS

PLEAS OF NOLO CONTENDRE

37
Q

SHARED COUNSEL

A

CODEFENDANTS CAN SHARE COUNSEL UNLESS CONFLICT ARISES

38
Q

GUILTY PLEA

A

ENTERED VOLUNTARILY AND INTELLIGENTLY

39
Q

SEVERANCE

A

IF TWO DEFENDANTS ARE TRIED TOGETHER, ONE CAN SEVER FOR UNFAIR PREJUDICE

40
Q

IMPARTIALITY

A

RIGHT TO UNBIASED JUDGE

41
Q

COMPETENCY

A

D MUST BE COMPETENT TO UNDERSTAND CHARGES

D MAY BE MEDICATED

42
Q

JURY TRIAL RIGHTS

A

SENTENCE IS LONGER THAN 6 MONTHS

JURY IS A CROSS SECTION OF COMMUNITY

STATE TRIAL BY 6 MEMBERS MUST BE UNANIMOUS

STATE TRIAL BY 12 MEMBERS NEED NOT BE UNANIMOUS

FED TRIAL BY 12 MEMBERS MUST BE UNANIMOUS

EXCLUSION OF A JUROR BASED ON RACE/GENDER VIOLATES EP

43
Q

RIGHT TO PUBLIC TRIAL

A

PRESS MAY ATTEND UNLESS

OVERRIDING INTEREST TO CLOSE TRIAL

DOES NOT APPLY TO GRAND JURY

44
Q

RIGHT TO CONFRONTATION

A

RIGHT TO CONFRONT AND CROSS EXAMINE ALL WITNESSES

45
Q

RIGHT TO CONFRONTATIONS- CODEFENDANTS

A

A CODEFENDANTS CONFESSION CAN ONLY BE USED AGAINST THE OTHER IS AVAILABLE TO TESTIFY

46
Q

RIGHT TO CONFRONTATION-OUT OF COURT STATEMENTS

A

TESTIMONIAL STATEMENTS ARE ADMISSIBLE

NON TESTIMONIAL STATEMENTS ARE ADMISSIBLE

47
Q

NONTESTIMONIAL STATEMENTS

A

MADE DURING AN EMERGENCY

48
Q

PROSECUTIONS BURDEN

A

MUST PROVE ALL ELEMENTS BEYOND A REASONABLE DOUBT

49
Q

DEFENDANTS BURDEN

A

MUST PROVE BY PREPONDERANCE OF THE EVIDENCE

50
Q

NO MANDATORY PRESUMPTIONS IN A

A

CRIMINAL CASE

51
Q

GRAND JURY

A

1) ACCUSED HAS NO RIGHT TO BE PRESENT

2)EXCLUSIONARY RULE DOES NOT APPLY

3) WITNESS HAS NO RIGHT TO COUNSEL INSIDE THE ROOM

52
Q

DOUBLE JEOPARDY

A

CANNOT BE TRIED FOR THE SAME CRIME TWICE

53
Q

JEOPARDY ATTACHES

A

JURY TRIAL:JURY IS SWORN IN

BENCH TRIAL: FIRST WITNESS IS SWORN IN

54
Q

DJ EXCEPTION- SEPARATE SOVEREIGNS

A

CAN B TRIED IN DIFF STATES

CAN B TRIED IN STATE AND FED CT

55
Q

DJ EXCEPTIONS

A

DEFENDANTS SUCCESSFUL APPEAL

MISTRIAL FOR NECESSITY

56
Q

DJ- COLLATERAL ESTOPPEL

A

NO RETRIAL ALLOWED WHEN SECOND TRIAL REQS AN ELEMENT DEFENDANT WAS ACQUITTED OF

57
Q

CRUEL AND UNUSAL PUNISHMENT

A

MUST B PROPORTIONATE TO CRIME

CONSISTENT W PUNISHMENT FOR SIMILAR CRIMES

58
Q

RIGHTS DURING SENTENCING

A

RIGHT TO COUNSEL
RIGHT TO REMAIN SILENT

59
Q

DEATH PENALTY

A

NOT CRUEL AND UNUSAL AS LONG AS PROCEDURAL SAFEGUARDS TO PREVENT ARBITRARY OR DISCRIMINATORY SENTENCING

60
Q

DEATH PENALTY EXCEPTIONS

A

UNDER 18 AT TIME OF CRIME

MENTALLY CHALLENGED

61
Q

a person is
“in custody” only when under

A

“formal arrest or restraint on freedom of movement of the degree associated with a
formal arrest.”

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