Crim Pro

Question 1

Probable Cause

Answer 1

When a reasonably prudent person believes a suspect has committed or is committing a crime or a fair probability that contraband/evidence of a crime will be found in an area searched.

Arrests must have PC.

Question 2

Reasonable Suspicion

Answer 2

More than a vague hunch, but less than PC. Depends on totality of circumstances. Cops can Terry stop someone on reasonable suspicion supported by articulable facts of criminal activity.

Question 3

Automobile Stops

Answer 3

Require reasonable suspicion. Constitutes a seizure of all occupants. Cop can order occupants out of the car.

Question 4

Warrant Requirements

Answer 4

Probable cause and particularity (state place to be searched and things to be seized).

Question 5

Warrant Exceptions

Answer 5

"ESCAPIST" 
Exigent circumstances
Search incident to lawful arrest
Consent
Automobile Exception
Plain view
Inventory
Special need (purpose can't be general crime control; checkpoints: don't need individual suspicion)
Terry stop

Question 6

6th Amendment Right to Counsel

Answer 6

Offense specific, so defendant can be questioned on unrelated charges, even if he has counsel for a different charged crime.

Remedy: automatic reversal of conviction if at trial, but harmless error test if at non-trial proceedings.

Question 7

Right to Trial by Jury

Answer 7

Attaches when defendant is tried for an offense with a max sentence exceeding 6 months. If max sentence is up to or including 6 months, there’s no constitutional right to jury trial.

Minimum number of jurors is 6; max is 12. Verdict must be unanimous. Jury pool (not empaneled jury) must represent fair cross-section of community.

Question 8

Length of Miranda

Answer 8

The prohibition against questioning a detainee after invoking Miranda rights lasts entire time detainee is in custody for interrogation purposes, plus 14 days after detainee returns to his normal life (which can include his “normal life” in jail).

Question 9

Automobile Checkpoints

Answer 9

Cops generally cannot stop a car absent reasonable suspicion that a law was violated. Absent that suspicion, cops may set up roadblocks/checkpoints to stop cars if: (1) the cars are stopped on the basis of some neutral, articulable standard, and (2) the stops are designed to serve a purpose closely related to a particular problem arising from automobiles and their mobility. It cannot be for general crime control.