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Crim pro Flashcards

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1
Q

constitutional protections only apply when the ____ acted

A

Government or govt agents

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2
Q

Can police approach anyone in a public place, tail them, canvass an area, ask questions without reasonable suspicion or probable cause

A

Yes

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3
Q

Define when a seizure occurs

A

When an officer by means of physical contact or a show of authority intentionally terminates or restrains a person’s freedom of movement

I.e showing a badge and saying stop, or blocking their ability to move

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4
Q

what is the test to determine if a seizure occurred

A

If a reasonable person would feel free to disregard the officer

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5
Q

Is ramming a suspect’s car in an attempt to stop the car a seizure

A

Yes

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6
Q

What does an officer need when they Terry stop a person

A

reasonable suspicion based on articulable facts to believe the suspect is or is about to be engaged in criminal behavior

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7
Q

What is required for an arrest

A

Probable cause (more likely than not)

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8
Q

If an officer’s reasonable suspicion is mistaken is that ok for a Terry stop

A

YES

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9
Q

During a Terry stop, what can an officer do

A

Pat down a detainee for WEAPONS but he can’t frisk for drugs

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10
Q

During a pat down, if the pat down reveals objects whose shape makes their identity obvious as contraband what can an officer do

A

seize the objects and if probable cause develops, make an arrest

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11
Q

What happens if the stop is NOT BASED on adequate suspicion?

A

the evidence can not be used at trial. BUT if the stop is unlawful and then the officers develops the basis for a lawful arrest during the stop, the evidence can be used at trial

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12
Q

for an officer to stop a car what do they need

A

reasonable suspicion

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13
Q

at a checkpoint, do officers need reasonable suspicion

A

No, as long as they pull everyone over or random drivers

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14
Q

Once there is a lawful stop, what can an officer do

A

Officers can pat down an occupant of a car for weapons if they have reasonable suspicion the person has a weapon

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15
Q

Can you be arrested with or without a warrant

A

Yes

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16
Q

Does it matter if the officer stopped you for a different crime but then arrests you for something else

A

No- considered a pretext arrest. Just need probable cause you committed SOME crime

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17
Q

Requirements for an arrest warrant

A

-issued by a neutral magistrate
-based on finding of probable cause to believe the individual has committed a particular crime
-must name the person and identify the offense

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18
Q

Does an arrest warrant allow officers to enter a person’s home to arrest that person

A

YES but they can NOT enter a different person’s home or business to arrest the person

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19
Q

If they don’t have an arrest warrant, officers can arrest someone inside a house only if ——

A

1) exigent circumstances
2) consent

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20
Q

When can an officer arrest w/o a warrant

A
  • in a public place for a crime committed in the officers presence
  • or based on probable cause to believe the individual committed a FELONY
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21
Q

If the arrest is illegal, can it still be prosecuted? what about the evidence discovered during the arrest

A

Yes- can still be prosecuted but the evidence may be excluded at trial

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22
Q

For a search incident to lawful arrest- what can the officer do

A

Make a contemporaneous search of the person arrested and the immediate surrounding area to protect officers from weapons and prevent destruction of evidence

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23
Q

If a subject is arrested on the street, what does search incident to lawful arrest allow an officer to search

A

The suspect and his wingspan

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24
Q

If a subject is arrested at home, what does search incident to lawful arrest allow an officer to search?

A

suspect and immediate arrest area

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25
Q

If the suspect is arrested in a car, what does search incident to lawful arrest allow an officer to search?

A

the PASSENGER COMPARTMENT of the car as long as the suspect has access to the car at the time

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26
Q

For an inventory search of the car, what can be searched

A

Any area of the car, after the police arrest a driver and impound his car

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27
Q

when officers seize a cell phone during an arrest, do they need a warrant

A

YES to look at the phone’s contents

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28
Q

what is a search?

A

When the govt conduct violates a reasonable expectation of privacy

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29
Q

Is a dog on your porch a search?

A

Yes

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30
Q

Is putting a gps device on your car a search

A

Yes

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31
Q

is using a thermal image tracker on your house a search?

A

Yes

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32
Q

Where do people have a reasonable expectation of privacy

A

Homes, hotel rooms, officers, luggage, curtilage

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33
Q

Where do people NOT have a reasonable expectation of privacy

A

public streets, open fields, garbage cans in the street, abandoned property

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34
Q

Is a store clerk searching you a violation of your reasonable expectation of privacy

A

No b/c not a govt actor

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35
Q

Requirements for a search warrant

A
  1. issued by neutral magistrate
  2. based on probable cause that the items sought are fruit, instrumentalities, or evidence of crime
  3. describes the property and places to be searched w/ particularity
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36
Q

If the warrant does not have probable cause or does not describe with particularity, what happens

A

It is invalid and the items seized will be excluded from trial

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37
Q

Is wiretapping a search

A

Yes- requires probable cause, a warrant, must identify whose conversations are being intercepted and have an end date

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38
Q

What are the exceptions to warrant requirement

A

ESCAPES
E- exigent circumstances
S- SILA
C- consent
A- Automobiles
P- plain view
E- evidence obtained from administrative searches
S- stop and frisk

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39
Q

What is required for the exigent circumstances exception to the warrant requirement to apply

A

officers must be in hot pursuit or there is an immediate danger

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40
Q

For search incident to lawful arrest, is a search warrant required

A

NO- but scope is limited to wingspan, area immediately around the person.

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41
Q

Can DNA samples be collected as part of search incident to arrest

A

Yes

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42
Q

Does the consent exception to warrant requirement require officers to warn the subject of his right to refuse consent

A

NO. Consent can also involve deception by officers

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43
Q

Can officers search over the objection of the present occupant

A

NO. BUT if they arrest the present occupant and the other occupant consents, then they can search

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44
Q

For the automobile exception to the search warrant requirement to apply, what is required

A

officers need probable cause to believe the car contains contraband, then they can search anywhere they think the contraband may be.

But, if looking for machine guns, can’t look in tiny places they wouldn’t fit

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45
Q

For the plain view exception to the search warrant requirement what can officers do

A

They can seize any item in plain view or plain smell even if that item is NOT named in the warrant

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46
Q

What are types of administrative searches that don’t require a warrant

A

Airplane boarding areas, international borders
highly regulated industries like liquor stores, gun stores
Searches of students in public schools
Roadblocks for drunk drivers

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47
Q

What does the 5th am allow

A

A person can’t be complied to be a witness against himself
applies only to people not corporations

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48
Q

Does the 5th am apply to physical evidence like blood draws

A

No- only testimonial evidence

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49
Q

if someone is given immunity for their statements, can they plead the 5th

A

No

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50
Q

What type of statements are protected by the 5th am- from who to who, and where do you have to be?

A

by a person to the govt

And statements made as a result of custodial interrogation- custodial- person is in custody in cruiser or in police station.

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51
Q

If the person is NOT in custody, can a statement they made be used

A

YES

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52
Q

what is considered interrogation for the purpose of the 5th am

A

involves an official asking questions or engaging in other words or conduce that the police know or should know will elicit a response. Does not include volunteered statements or routine booking questions.

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53
Q

Before conducting custodial interrogations, what must police do

A

Give miranda warnings

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54
Q

If the suspects invokes the right to remain silent or right to counsel what must happen

A

Interrogation must end

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55
Q

Is it enough for the suspect to remain silent

A

No, the right to remain silentt must be AFFIRMATIVELY invoked- d must say he doesn’t want to talk

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56
Q

After a substantial period of time, can the police go back to the suspect who said he doesn’t want to talk

A

Yes, but they have to give miranda again

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57
Q

How just the right to counsel be invoked

A

suspect must affirmatively say I WANT A LAWYER

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58
Q

If the right to counsel is invoked, all questioning must stop until…..

A

1) the lawyer is present OR
2) D affirmatively initiates contact with police. Police Can NOT re-initiate contact with D

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59
Q

If the d says “I think I should talk to someone” is that invoking right to a lawyer

A

No

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60
Q

do police need to tell defendant that. a lawyer is trying to reach them

A

No

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61
Q

if public safety is immediately at risk, do police need to give Miranda warnings before questioning

A

No

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62
Q

For a confession, what must it be?

A

VOLUNTARY

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63
Q

can a confession be the product of lies

A

Yes

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64
Q

Is an involuntarily obtained confession ever admissible

A

NO- NEVER

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65
Q

Is evidence obtained as a result of involuntary confession admissible

A

It is presumptively inadmissible

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66
Q

How can statements made in violation of miranda be used at trial

A

Inadmissible in prosecution’s case but can be used to impeach D

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67
Q
A
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68
Q

What does the 6th am allow

A

right to counsel for custodial interrogations, assistance of counsel for his defense

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69
Q

When does 6th am right to counsel attach

A

After indictment or formal charges

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70
Q

Does the 6th am right to counsel apply if you are in custody or not in custody

A

Either way

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71
Q

What type of prosecutions does the 6th am right to counsel apply to

A

ALL Felony prosecutions and any misdemeanor prosecutions in which jail time is imposed

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72
Q

What stages of the prosecution does the 6th am right to counsel apply

A

All critical stages- evidentiary hearings, post indictment lineups, post indictment interrogations, all parts of trial

It does not apply to pre-indictment lineups or appeal proceedings

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73
Q

Does a defendant have a right to be present at a photo array

A

No

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74
Q

does a d have right to counsel at pre-indictment line up? Post indictment lineUp?

A

no right to counsel at pre indictment lineup

Right to counsel at post-indictment lineup and if violated, witness id is excluded from trial

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75
Q

what is the exclusionary rule

A

illegally obtained evidence is inadmissible at TRIAL unless an exception applies

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76
Q

what type of proceedings does the exclusionary rule apply to

A

TRIAL not prelim hearings or grand jury

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77
Q

exceptions to exclusionary rule

A

1) knock and announce- if officers executing an arrest warrant fail to knock and announce, evidence can still come in

2) inevitable discovery- if evidence would have been discovered anyway thru lawful means, it can come in

3) indpt source

4) attenuation in causal chain- intervening events and passage of time can remove taint of unconstitutional conduct

5) GOOD FAITH

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78
Q

What is the good faith exception to the exclusionary rule

A

officers who relied on existing law that was later declared unconstitutional or a warrant later found to be defective, as long as acting in good faith, they can use evidence obtained

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79
Q

when is suppression of evidence an issue

A

Only if there is an underlying constitutional violation- of 4th, 5th or 6th am. then ask if exclusionary rule applies and if an exceptions applies

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80
Q

Under 5th am, all felony charges must be initiated by ____

A

indictment by grand jury unless D waives indictment. Indictment requires probable cause to believe d committed the crimes charged

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81
Q

Do states require an indictment by grand jury for felony charges

A

No, they can use a grand jury indictment or an “information”- a prosecutor filing charges. If they use an information- there must be a prelim hearing to determine if there is probable cause

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82
Q

what is unique about grand jury hearings

A

Defendants do not have right to testify
witnesses do not have right to counsel in the room
Juries can hear evidence obtained illegally or hearsay
Hearings are held in secret
Grand jury does not have to be unanimous

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83
Q

For a guilty plea to be valid what must the defendant do

A

knowingly and intelligently waive rights- thru plea allocution
plea can not come thru force, threats
D is entitled to competent assistance of counsel in plea bargaining process after charged

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84
Q

What does the 8th am protect

A

excessive bail

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85
Q

bail is usually available unless….

A

the d poses a flight risk or threat to community

Presumption in favor of bail

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86
Q

When does D have a right to a jury trial

A

For all serious offenses for which the authorized punishment is more than 6 months

87
Q

In a fed criminal case, how many members should be on the jury

A

12 and decision must be unanimous

states can have juries of 6 or more in criminal cases

88
Q

what are the two ways to remove potential jurors

A
  1. for cause- unlimited
  2. preemptory- just can’t be for race/sex, # of preemptory challenges limited by statute
89
Q

When doe statute of limitations on speedy trial begine

A

When crime occurs

90
Q

What factors does a court look at when faced with speedy trial claim

A
  1. length of delay
  2. reason for delay
  3. whether D asserted his rights to a speedy trial
  4. ris of prejudice to D
91
Q

WHen can a court close trial proceedings

A

if there is a substantial likelihood of prejudice to D

92
Q

Under the Crawford doctrine and confrontation clause, when would a statement be barred

A

If it is testimonial and the Declarant is UNAVAILABLE and the D had not prior opportunity to cross examine the witness

93
Q

are a defendant’s own statements always admissible against him

A

YEs

94
Q

The prosecution must prove every element of a crime by what standard

A

Beyond a reasonable doubt

95
Q

The due process clause requires that Judges possess neither ___ nor ___ bias

A

Actual nor apparent

96
Q

What does the Brady doctrine require

A

Prosecutors must turn over all exculpatory evidence to defense including
1) evidence that shows D is not guilty
2) evidence that would enable D to impeach credibility of Prosecution’s witnesses

97
Q

If there is joint representation of defendants, what must a judge do

A

If there is an actual conflict of interest, the judge must tell defendants that the joint representation is a risk and give them the opportunity to get separate counsel.

98
Q

What is the Strickland test

A

to determine if a D was denied effective counsel
1) did lawyer’s performance fall below the range of reasonable conduct of lawyers
2) is there a reasonable probablilty that had the lawyer performed effectively, the result would have been different?

99
Q

if it is proven that d was denied effective assistance of counsel, what happens?

A

conviction gets reversed.

100
Q

Is life without parole for crimes committed while a juvenile constitutional

A

No

101
Q

For what type of cases can the death penalty be imposed

A

ONLY IF THE VICTIM DIES

102
Q

for what type of defendants can the death penalty not be imposed

A

-defendants under 18 when they committed the crime
-suffering from cognitive impairment
- insane at time of execution

103
Q

when does the 8th am provisions preventing cruel and unusual punishments apply?

A

After you are convicted of a crime

104
Q

What are the three protections of the double jeopardy clause

A
  1. can’t be prosecuted for same offense after acquittal
    2), or after conviction.
    3) can’t have multiple prosecutions for same offense
105
Q

can a defendant be tried in to different states or fed/state for same crime?

A

Yes

106
Q

When does jeopardy attach?

A

When jury is sworn in or
in a bench trial when the first witness is sworn in

107
Q

if the jury deadlocks or the counsel engages in misconduct, can the D be retried

A

Yes

108
Q

can a judge enhance criminal sentences beyond statutory maximums based on facts other than those decided by a jury?

A

NO but sentence enhancements based on priors (without jury approval) is fine.

109
Q

What is a protective sweep

A

quick and limited visual inspection of home to search where people may be hiding. permitted when an arrest is occurring in a home - part of a search incident to lawful arrest

110
Q

when is a search of an automobile allowed when a person is being arrested

A

1) if the person is near the car and may pose a threat to the officer’s safety or a need to protect evidence from being tampered with
2) if evidence of the crime (for the arrest) may be found in the vehicle

111
Q

what is the plain error doctrine

A

d who failed to preserve a claim of error in district ct is still entitled to appellate relief if
1) district ct committed error under the law
2) error is obvious
3) error affected D’s substantial rights

112
Q

to determine if curtilage is protected what 4 steps are applied

A
  1. proximity of area to home
  2. if area is included within enclosure surrounding home
  3. nature of uses to which area is put
  4. steps taken by resident to protect area from observation by passersby
113
Q

5 situations where the good faith exception would NOT apply

A
  1. no reasonable officer would rely on affidavit supporting warrant
  2. warrant is defective on face
  3. warrant supported by fraud
  4. magistrate has wholey abandoned his judicial role
  5. warrant was improperly executed
114
Q

what constitutes an unreasonable search?

A
  1. if the govt invades a place protected by a reasonable expectation of privacy
  2. if the govt physically intrudes on a constitutionally protected area for the purpose of gathering info
115
Q

3 exceptions to miranda requirements

A
  1. public safety
  2. routine booking
  3. undercover police
116
Q

where and how can statements in violation of miranda be used at trial

A

For impeachment

117
Q

how is evidence obtained from a non- mirandized confession usable

A

it is admissible at trial as long as the confession was not coerced

118
Q

Does an overnight guest have a reasonable expectation of privacy in a private home

A

Yes- to the areas of the home the guest had permission to enter

119
Q

is a verdict by 11 jurors ok?

A

Only if you started with 12 and one was excused for good cause after the trial began

120
Q

what is transactional immunity

A

= blanket/total immunity. fully protects a witness from prosecution based on testimony

121
Q

what is use and derivative use immunity

A

Protects from the prosecution using that witness’s own testimony or evidence derived from that testimony against the witness

122
Q

when police are interrogating a suspect who has waived his Miranda rights but then there is a long break - several hours, what must police do before resuming the interrogation

A

Re-mirandized him

123
Q

Which right to counsel applies BEFORE trial but when the suspect is in custodial interrogation

A

5th am right to counsel

124
Q

Is the 5th am right to counsel automatic?

A

No, they must affirmatively invoke. If they start talking, they waive the right

125
Q

When does the 6th am right to counsel start

A

Immediately at trial/judicial proceedings

126
Q

is the prosecutor required to present exculpatory evidence to the grand jury

A

No

127
Q

If a statement is taken in violation of miranda, is it admissible

A

NO

128
Q

if Physical evidence is obtained as a result of a non-mirandized statement, is it admissible

A

Yes- as long as the statement was voluntary and not coercerd

129
Q

Can you assert your 4th am rights in someone else’s home?

A

NO

130
Q

Is an anonymous tip enough for probable cause

A

NO

131
Q

Under the automobile exception, when can police do a warrantless search of a car

A

If they PROBABLE CAUSE to believe it has evidence of a crime. Then they can look in any container where evidence could be

132
Q

Does the 5th am priviledge to avoid self incrimination apply to evidence that may subject someone to civil liability

A

NO

133
Q

can corporations plead the 5th?

A

NO

134
Q

For Miranda rights, what are the two key factors

A

D must be in custody and it must be an iterrogation

135
Q

Is a written waiver required for miranda

A

NO

136
Q

Under the 6th amendment, do you need to affirmatively invoke your right to counsel

A

NO, it is automatic once you have been charged

137
Q

does the 6th am right to counsel attach to an uncharged crime

A

No- only current charges. right to counsel is diff for diff charges

138
Q

Can a statement taken in violation of Miranda be used at trial

A

NO

139
Q

To get the death penalty, what must a jury find

A

At least one aggravating circumstance (beyond a reasonable doubt)

140
Q

How to start Crim pro essay

A

The 4th amendment prohibits unreasonable searches and seizures. then check if there was govt conduct. Then does D have standing. Then was there a search or seizure.

141
Q

Define seizure

A

Govt by means of physical force or showing of authority has restrained person’s freedom of movement. Test- would a RP feel free to leave. Typically an arrest.

142
Q

When is the only time a warrantless arrest is allowed

A

If the officers has probable cause to believe a felony is committed

143
Q

What does a Terry stop require

A

Reasonable suspicion someone is engaged in criminal activity

144
Q

What is required for a traffic stop-

A

Reasonable suspicion or probable cause a traffic law has been violated

145
Q

For Crim pro essay, how to discuss seach

A

When conduct violates D’s reasonable expectation of privacy. Explain why D had REP- and why it constituted a search
Then was there a valid search warrant- was there probable cause, particularity
if not, was there a viable exception to warrant requirement

146
Q

describe the exclusionary rule and when it applies

A

If the 4th am, search and seizure is violated, then evidence obtained is excluded from trial and fruits of the poisonous tree- other evidence obtained from that search is also excluded

147
Q

4 exceptions to exclusionary rule

A
  1. inevitable discovery
  2. independent source
  3. passage of time
  4. good faith
148
Q

Waiver of miranda must be ____ and _____

A

knowing and voluntary

149
Q

if D invokes right to counsel but later makes a voluntary statement is that admissible

A

Yes

150
Q

Once D invokes right to counsel under 5th am, can the police ask him about ANY crimes

A

NO

151
Q

if a first confession is obtained in violation of miranda and then rights are read and D confesses again, would that 2nd confession be admissible

A

Yes if 1st is result of gf mistake

152
Q

if d invokes right to counsel under 6th am, can police approach D about other charges

A

Yes

153
Q

Can capital punishment be imposed for felony murder

A

Yes but D must have killed, attempted to kill or intended to kill the person

154
Q

Is using a trained sniffing dog on someone’s porch a search?

A

Yes

155
Q

What is the block burger test

A

used to see if two crimes are the same for the purpose of double jeopardy. One element between the two crimes must be different

156
Q

Are Miranda warnings required if the suspect is not aware the interrogator is a police officer- ie undercover person

A

NO

157
Q

is a volunteered statement blurted out in violation of miranda admissible?

A

YES. Volunteered statement is not via an interrogation

158
Q

Does an officer need a warrant or warrant exception to take a handwriting sample

A

NO- no REP in handwriting and it is not a search

159
Q

Can a grand jury consider illegally obtained evidence

A

Yes

160
Q

if a confession comes immediately after an unlawful arrest should it be suppressed

A

Yes b/c too closely tied to unlawful arrest

161
Q

Are the 5th am protection against self incrimination and Miranda warnings limited to US citizens

A

NO, non citizens are entitled to same protections

162
Q

Does an illegal arrest- w/o a search warrant require dismissal of the charge if the person was properly charged

A

NO

163
Q

if police seek issuance of an ANTICIPATORY search warrant when is probable cause met?

A
  1. at the time of issuance there is PC to believe the triggering condition will occur AND
    2.if condition does occur there is a fair probability that contraband or evidence of the crime will be found at place to be searched
164
Q

When is in court identification testimony admissible

A

only if sufficiently RELIABLE

165
Q

Does an improper out of court id always taint an incur id?

A

NO, in court id is only suppressed if deemed unreliable

166
Q

school officials acting independent of law enforcement need ___ that a student is violating the law or school rules to conduct a search

A

Reasonable suspicion. But methods to conduct search must be
- reasonably related to objective of search
-Not excessively intrusive considering kid’s age, sex, nature of infraction

167
Q

Does probable cause to believe a vehicle contains evidence of a crime justify a warrantless search of passenger?

A

No

168
Q

For double jeopardy to apply, what needs to happen in first prosecution

A
  • jury was impaneled, sworn in and judge heard evidence
    -and 1st prosecution ended with conviction, acquittal or mistrial
169
Q

can a statement in violation of miranda be used to impeach

A

YES

170
Q

if one offense is the lesser included offense of another are they considered the same for double jeopardy

A

Yes unless an event necessary to establish the greater offense occurred after a plea was entered or the greater offense was charged before the plea

171
Q

Is a plane/helicopter flying at 500 ft a search

A

NO

172
Q

Does a confession to an informant in your cell violate your right to self incrimination or right to counsel

A

NO- as long as the informant does not question the suspect or do anything to ELICIT an incriminating response

173
Q

do jurors hearing death penalty case have to be willing to impose the death penalty

A

Yes

174
Q

are road side stops usually custodial

A

NO

175
Q

for an interrogation to be custodial does a suspect need to be aware he or she is dealing with an agent of the govt

A

YES- i.e if they are talking to an undercover officer it is not custodial

176
Q

What are factors to determine “custody” for miranda

A

location and duration of questioning
statements made in questioning
Physical restrains
Manner of interrogation.
IT is subjective

177
Q

right to jury trial is when at state and fed level

A

At fed level all the time due to 6th am
At state level - in criminal trials involving sentences > 6 mo in prison

178
Q

police may NOT randomly stop cars unless

A

1) reasonable suspicion of violation of the law
2) stop if based on neutral, articulable stds

179
Q

When is a search of a car permitted w/o a warrant

A

If the police have probable cause- then they can search anywhere that could hold the evidence they are looking for- even in a locked container

180
Q

define custody

A

formal arrest or restraint on freedom of movement associated with formal arrest. Whether RP would have believe he could leave given totality of evidence

181
Q

4 factors to determine if curtilage is protected

A
  1. proximity to house
  2. if included in enclosure around house
  3. nature of use of area
    4.steps taken by resident to protect area from observation by passersby
182
Q

Priviledge against self incrimination applies to what type of cases

A

CRIMiNAL CASES ONLY

183
Q

for the plain view exception to apply-

A
  1. officer must be lawfully on premises
  2. unlawful nature of item is apparent
  3. officer has lawful access to item
184
Q

is derivative physical evidence from a non- mirandized confession admissible

A

Yes

185
Q

what is the open fields doctrine

A

property outside the curtilage of the home is not protected by the 4th am, even if fenced or no trespassing signs. No REP in open fields

186
Q

If police get consent to search from a party they reasonably believed had authority to consent to search but he didn’t, is that ok

A

Yes so long as police reasonably believe he had authority

187
Q

Can the govt conduct warrantless searches of business in highly regulated industries (like gun shops) due to urgent public interest

A

YES- b/c highly regulated industry, urgent public interest–> NO warrant required

188
Q

Is getting DNA samples from felon ARRESTEES a violation of their 4th am rights

A

NO

189
Q

Under the automobile exception- can officers search the truck

A

Yes, if there is probable cause to believe evidence is in the trunk. Remember, automobile exception requires probable cause to believe evidence of crime is in the car

190
Q

Under Search incident to Lawful arrest, what part of the car can officers search

A

Just passenger area- NOT the TRUNK, and can only search the car if it is reasonable to beli3eve it has evidence of the crime for which the suspect was arrested… So if arrested for a failure to pay child support, can’t search the car!!

191
Q

What can be the basis of a search of school lockers by public school officials?

A

Reasonable suspicion.

192
Q

Is random drug testing allowed for public school kids involved in an extracurricular activity

A

Yes- as an administrative search

193
Q

For emergency circumstances- i.e hot pursuit of suspect, officers need what?

A

Probable cause to believe suspect committed a crime and is in a particular place or if there is a serious injury or threat of injury or evidence of a crime will likely disappear before warrant can be obtained

194
Q

For a Terry FRISK, what does an officer need

A

reasonable belief the suspect is armed and dangerous. Can only frisk for weapons

195
Q

For a Terry stop, what does an officer need

A

Reasonable suspicion that criminal activity is afoot

196
Q

To prove ineffective assistance of counsel, what two things must a D show

A
  1. lawyer’s performance fell below objective std of reasonableness and
  2. there is a reasonable probability that but for the shitty lawyer, the result would have been different
197
Q

If the fact pattern mentions “GRAND JURY” what should you be thinking

A

No lawyer required
Exclusionary rule does NOT apply

198
Q

two types of immunity- what is the difference
Use and derivative use immunity vs
transactional immunity

A

Use and derivative immunity- prosecution will NOT use witness’s testimony against him in later trial BUT W can still be charged with crime

Transactional immunity- blanket/total immunity. Prosecution will Not prosecute W for any crime he testifies about

199
Q

If offered immunity, does D have to testify

A

Yes- can’t plead the 5th

200
Q

does the exclusionary rule apply to civil proceedings? I.e wrongful death lawsuits

A

NO- so… evidence obtained in violation of rights CAN be admitted

201
Q

two prong test used to determine if out of court identification is admissible

A

To prevail, the defendant must demonstrate that
1) the procedure was impermissibly suggestive and 2) that there was a substantial likelihood of misidentification.

202
Q

Can passengers in a car challenge a search of thay car? What about a seizure?

A

Passengers can NOT challenge a search of the cat but they cAN challenge an unconstitutional seizure of the car

203
Q

Does the exclusionary rule-evidence taken in violation of 4th am right- apply in deportation hearings?

A

No

204
Q

Would questioning a suspect who is in extreme pain from an injury - gunshot wound- render the confession involuntary

A

Yes

205
Q

Is a person pulled over for a traffic stop “in custody” for miranda purposes?

A

No

206
Q

Is a person on parole or probation considered “in custody” for miranda

A

No

207
Q

Does being in prison for one crime automatically place prisoner in custody when officers question him abt another crime

A

No

208
Q

Can police question a subject after a significant break if the subject initially invoked right to counsel?

A

No

209
Q

If suspect invokes right to silence can police later try again to question him after significant break

A

YES

210
Q

When confession is obtained without miranda warninga, can fruits of confession be entered into evidence at trial?

A

Yessss

211
Q

Does fraud in inducement equal consent for sex or can someone be charged for rape if they say they will marry u if u have sex with them

A

It equals consent

212
Q

For misdemeanors, when is a defendant entitled to court appointed counsel

A

Only if conviction could result in jail sentence

213
Q

6th am guarantees rt to jury trial for all felonies and what types of misdemeanors?

A

All felonies andnon petty misdemeanors-so ones with punishment of greater than 6mo in jail

214
Q

What is requirwd by 4th am prior to entering a house to execute a search warrant

A

Must knock and announce. Identidy self. Unless exigent circ.

If no knock and announce= violation of 4th

Bar Exam (19 decks)

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