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CRIM LAW & PRO > CRIM - General Definitions > Flashcards

CRIM - General Definitions Flashcards

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1
Q

Solicitation

A
  1. Encouraging
  2. another
  3. to commit a crime
  4. with the specific intent
  5. that the crime be committed

“A asked B to rob the corner liquor store.”

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2
Q

Conspiracy

A
  1. An agreement
  2. between two or more people
  3. to commit an unlawful act
  4. with the specific intent
  5. that the crime be committed

“A asked B to rob the corner store. B agreed.”

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3
Q

Liability of conspirators

A
  1. Conspirators
  2. are liable for each others actions
  3. committed during the course of and in furtherance of the conspiracy

“A and B (who had an agreement to commit an unlawful act with the specific intent that a crime be committed) are liable for each others actions”

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4
Q

Handgun Violation

A
  • Should NOT be charged for use/possession of a gun that does not use gunpowder
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5
Q

Carrying a deadly weapon

A
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6
Q

Reckless Endangerment

A
  1. Conduct
  2. that creates a substantial risk
  3. of death or serious bodily injury
  4. that the actor disregards
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7
Q

2nd Degree Assault

A
  1. placing one
  2. in reasonable fear
  3. of an imminent battery

“A pointed the gun at C”

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8
Q

1st Degree Assault

A
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9
Q

Theft (Larceny Form)

A
  1. The tresspassory
  2. taking
  3. and carrying away
  4. of the personal property
  5. of another
  6. with the intent to deprive

“A took the contents of the cash register.”

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10
Q

Robbery

A
  1. The tresspassory
  2. taking
  3. and carrying away
  4. of personal property
  5. of another
  6. with the intent to deprive
  7. by use of force

“A committed (above) theft while pointing the 9mm.”

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11
Q

1st Degree (Felony) Murder

A
  1. The killing
  2. of one human being
  3. by another
  4. commited during the course of
  5. certain enumerated felonies
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12
Q

Possession of Marijuana with the intent to distribute

A

Large quantity - suggests that it is more than for personal use

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13
Q

Attempt

A
  1. Taking a substantial step
  2. toward the commission of a crime
  3. with the specific intent
  4. that the crime be committed
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14
Q

The 4th Amendment’s Search and Seizure Clause - starter statement & requirements

A
  1. applicable to the states
  2. through the 14th Amendment Due Process Clause,
  3. prohibits governmental warrantless searches
  4. and seizures
  5. with limited exceptions.

“C, a police officer effected the traffic stop of A’s car without a warrant.”

Rule:

  • To search or seize, gov’t needs a warrant or an exception
  • Warrant S & S: presumptively valid;
  • Warrantless S & S: presumptively invalid, but lots of exceptions

Applies Where:

  • STATE ACTION;
  • D has STANDING; and a
  • SEARCH OR SEIZURE.

(If yes to all 3 – 4th applies; if no to any one 4th does not apply)

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15
Q

Stop & Frisk Exception

A
  1. A warrantless
  2. traffic stop
  3. is permitted where
  4. the officer
  5. has reasonable articulable suspicion
  6. to believe the suspect violated the traffic laws

“A ran a stop sign, in full view of C.”

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16
Q

The Pretextual Stop Rule

A
  1. An otherwise valid stop
  2. is NOT invalidated
  3. because the officer
  4. uses a minor offense
  5. as a pretext
  6. to mask the real reason for the stop

“Even if officer’s main reason for the stop was based on a suspicion of drug activity because of A’s presence in a high crime area and open air drug market, the stop was nevertheless valid because A ran the stop sign in front of officer.”

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17
Q

Duration

A
  1. A stop
  2. may last no longer than necessary
  3. to effectuate its objective.
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18
Q

Automobile Exception

A
  1. Validates a warrantless search
  2. of a vehicle
  3. where the officer
  4. has probable cause
  5. to believe there is contraband
  6. in the vehicle

“The positive erasontion to the presence of drugs by the trained and certified cocaine sniffing K-9 drug dog gave officer probable cause to believe that there were drugs in the car.”

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19
Q

Search pursuant to the Automobile Exception

A
  1. may include closed containers
  2. in the car
  3. capable of holding the suspected contraband

“The closed duffel could hold drugs, making the duffel proper to search.”

20
Q

Plain View Exception

A
  1. Validates a warrantless seizure
  2. where there is a prior valid intrusion
  3. and an item is seen
  4. in plain view
  5. that is immediately apparent
  6. as evidence of a crime

“Because officer had the riht to search the duffel, when officer found the cocaine inside, officer had the right to seize it.

21
Q

Search Incident to Lawful Arrest Exception - 4th Amendment S & S

A
  1. permits police
  2. to make warrantless search (Full blown search)
  3. where search is incident to lawful arrest. (arrest based on a warrant or different exception)

Cars – includes car’s interior if: arrestee has access to car at time of search, OR if search for evidence of crime for which person was arrested.

22
Q

Exclusionary Rule

A
23
Q

Fruit of the Poisonous Tree Doctrine

A
24
Q

Requirements for 4th Amendment Search & Seizure Clause to apply

A
  1. State action - searcher/seizer was a gov’t employee or gov’t agent, or actor under influence/control of state agent
  2. Standing -
    D had a reasonable expectation of privacy in the place searched
  3. Search or Seizure - any action that is an invasion of some reasonable expectation of privacy
25
Q

Accosting

A
  1. an encounter
  2. with a state actor
  3. where a reasonable person
  4. would feel free to leave
  5. and is NOT a search and seizure.
26
Q

Reasonable Expectation of Privacy – Examples (for review/reference only)

A
  • Yes – home, body, overnight house guests, car owner/drivers
  • No – mere daytime guests, guests for illegal purposes, car passengers, open places (open fields doctrine)
  • Reduced REP – schools, airports, prisons
  • Abandoned Property – where property was voluntarily abandoned, D has no standing; if coerced abandonment (the illegal search or seizure cause D to abandon the e/v), D has standing.
  • Citizens and legal residents/legal aliens – have full 4th Amend. protections.
27
Q

4th Amendment - State Action Requirement

A
  1. the searcher/seizer was a gov’t employee or gov’t agent,
  2. or actor under influence/control of state agent
28
Q

4th Amendment - Standing Requirement

A
  1. present where D
  2. had a reasonable expectation
  3. of privacy
  4. in the place searched
29
Q

4th Amendment - Search or Seizure Requirement

A
  1. any action
  2. that is an invasion
  3. of some reasonable expectation
  4. of privacy.
30
Q

4th Amendment - Seizure

A
  1. an encounter
  2. with a state actor
  3. where a reasonable person
  4. would NOT feel free to leave.
  5. State actor must make a show of authority or use of force
  6. to seize
  7. and D yields or is captured.
31
Q

4th Amendment - Stop (definition)

A
  1. limited detention
  2. for investigative purposes
  3. in which a reasonable person
  4. would NOT feel free to leave
  5. OR an item is detained for brief period.
32
Q

4th Amendment - Arrest

A
  1. where a reasonable person
  2. would feel freedom to leave
  3. was restricted in a significant way
  4. or where item is taken and fully searched/kept.
33
Q

4th Amendment - Frisk (limited search)

A
  1. a cursory
  2. pat down
  3. of the outer clothing
  4. for weapons.
34
Q

4th Amendment - Full Blown Search

A
  1. a full search
  2. of a person or property.
35
Q

4th Amendment - Probable Cause

A
  1. 4th Amendment
  2. requires probable cause
  3. with few exceptions
  4. and a warrant
  5. with many warrant exceptions
36
Q

4th Amendment - Probable Cause for Arrest

A
  • A reasonable belief
  • making it more probable than not,
  • that the person committed crime.
  • Viewed with the totality of the circumstances
37
Q

4th Amendment - Probable Cause for Search

A
  1. Reasonable belief
  2. making it more probable than not
  3. that evidence is in place to be searched
  4. Viewed with the totality of the circumstances
38
Q

4th Amendment - Probable Cause for Seizure

A
  1. Reasonable belief
  2. making it more probable than not
  3. that item to be seized
  4. is evidence of a crime or contraband.
  5. Viewed with the totality of the circumstances)
39
Q

Staleness

A

Where PC is too old to justify its use. (time between information and obtainment of warrant; time between obtainment of warrant and use/search)

40
Q

Consent Exception
- 4th Amendment Search & Siezure

A

S or S without a warrant is presumptively invalid.

HOWEVER

  1. a warrantless search or seizure
  2. is permitted where
  3. D’s voluntary consent/waiver given.

Note:

  • The search must be limited to a reasonable interpretation of the terms of the consent.
  • 3rd Party Consent only ok where Mutual use, common areas.

N
* NO consent if other authorized person is present and affirmatively objects to consent.

41
Q

Warrantless Arrest Exception

  • 4th Amendment S & S
A

S or S without a warrant is presumptively invalid.

HOWEVER

  1. Warrantless Arress Exception
  2. permits police to make warrantless arrest
  3. where public place or where police have a right to be,
  4. misdemeanor committed in officer’s presence;
  5. or felony, and is supported by probable cause.
42
Q

Plain View/Plain Feel Exception - 4th Amendment S & S

A

S or S without a warrant is presumptively invalid.

HOWEVER

  1. Plain View/Plain Feel Exception
  2. permits police to make warrantless seizure of property
  3. where item observed in plain view/feel/sense
  4. and immediately apparent
  5. that the item is contraband or evidence of crime
43
Q

S or S without a warrant is presumptively invalid.

HOWEVER

  1. Evanescent Evidence
  2. permits the police
  3. to make a warrantless search or seizure,
  4. where evidence easily and likely to be destroyed.
A

Evanescent Evidence – permits the police to make a warrantless search or seizure, where evidence easily and likely to be destroyed.

44
Q

Stop - 4th Amendment (requirements for valid)

A

For a valid stop there must be:

  1. There must be a reasonable articulable suspicion
  2. that there is criminal activity afoot
  3. and person detained is involved.

A lawful stop permits the police to stop a person / vehicle and investigate consistent w/ suspicion

45
Q

Frisk - 4th Amendment

A

For a valid frisk, officer must have:

  1. a reasonably articulable suspicion
  2. that the person is armed and dangerous.

Note: If the frisk yields confirmation of the suspicion, a limited search may be conducted for the weapon.

Permits police to make warrantless frisk (cursory pat down of outer clothing for weapons; seizure of items that feel like weapon permitted) of a person/vehicle for weapons.

CRIM LAW & PRO (13 decks)

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