Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

BAR Prep > Crim Pro > Flashcards

Crim Pro Flashcards

1
Q

4th Amendment rights

A

-Prohibition on unreasonable searches and seizures
-Exclusionary rule

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

5th Amendment rights include

A

-No self-incrimination
-No double jeopardy
-Miranda rights
-RtC before crim proceedings begin

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

6th Amendment rights

A

-Speedy trial
-Public trial
-Trial by jury (crim/civil)
-Confrontation of witnesses
-RtC after crim proceedings begin

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

8th Amendment rights include

A

-No cruel and unusual punishment
-No excessive fines

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

A seizure is

A

any exercise of control by governmental agent over a person or thing

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Determining that a seizure occurred requires finding

A

under the totality of the circumstances, a reasonable person would feel they are not free to decline the officer’s request or leave

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

An arrest must be based on

A

Probable cause

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Probable cause is

A

based on the totality of the circumstances, a reasonable person would believe that a crime is being/has been committed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Terry Stop requires

Terry Frisk requires

A

Articulable facts supporting:

Stop - reasonable suspicion of criminal activity

Frisk - reasonable suspicion that the individual is armed and dangerous

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Whether an officer had requisite suspicion to support a Terry Stop is judged based on

A

Totality of the circumstances

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Reasonable suspicion is

A

More than vague suspicion, but less than probable cause

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Reasonable suspicion can be based on an informants tip if

A

There is an indicia of reliability

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

To comport with durational limits of a Terry stop, the police must

A

act diligently and reasonably to confirm or dispel their suspicions

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

During a Terry stop, the police may ask _____ and may ____ if they refuse to respond

A

the person to identify themselves

arrest them

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

A detention becomes an arrest if

A

PC arises OR if the police exert sufficient control

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

The police can stop a car if

A

they have reasonable suspicion that a law has been violated

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

A dog sniff around a car ____ a search _____

A

is NOT

so long as it occurs during the stop and the stop is not extended beyond the time necessary to conclude the interaction

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

The effect of a police officer’s good faith mistake of law on a seizure

A

It does not invalidate the seizure as long as it was reasonable

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

An automobile stop constitutes a stop of _____ meaning ____

A

ALL occupants

They have standing to assert a violation of their 4th A by unreasonable seizure

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

A checkpoint is allowed if guided by:

A

-a neutral, articulable standard
-closely related to a special law enforcement need relating to vehicles

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Police may in the interest of safety, order occupants out of a vehicle and frisk if ____

A

Frisk - if they reasonably believe the occupants are armed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Pretextual stops are _____

A

allowed so long as there is at least reasonable suspicion to believe a law has been violated

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Detentions to obtain a warrant are ____ if ____

A

Valid

The officer has reasonable suspicion there are drugs hidden in the home (valid to preserve evidence)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

The use of deadly force is a _____ warranted under the 4th Amendment only _____

A

seizure

where reasonable to do so under the circumstances

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
The 4th Amendment only protects against ____ conduct
Unreasonable Governmental
26
The 4th A is implicated by a search and seizure if either
1. A governmental agent searches/seizes an area where the individual had a reasonable expectation of privacy OR 2. Physical intrusion by the government into a constitutionally protected area to obtain info
27
To have standing to object to a search at a residence, a person must
-Own or have a right to possession of the place -be in their home (whether they own) -be an overnight guest of the owner of the place
28
If a person has no interest in the place of seizure but does have an interest in the property, a person has standing to challenge under 4th A rights if
They had a reasonable expectation in the item or area searched
29
There is no right to privacy in
things held out to the public (voice, handwriting, paint on outside of car, account records from a bank, open fields, airspace, odors, garbage on the curb)
30
To be facially valid, a warrant must be
Supported by probable Cause to believe seizable evidence will be found AND Particularity about place to be searched/items to be seized AND Issued by a neutral and detached magistrate
31
A warrant to search authorizes police to _____ nonsuspects but not to _____
detain search them unless there is pc
32
Exceptions to the Warrant Req
Well Erica: Space Ass Can Seem Super Plain, But Clap Cheeks -SITA -Automobile Exception -Consent -Stop and frisk -Spoliation of Evidence -Plain View -Border searches -Convos -Conscience
33
SITA is valid if
Contemporaneous to a constitutional arrest
34
Scope of a SITA (in general)
Must be incident to a constitutional arrest and contemporaneous to arrest Scope includes: -The person of the arrestee -Anywhere within their reach -Areas they could obtain weapons or destroy evidence -And a premises sweep if accomplices are present Search is proper even if the suspect is secured
35
Scope of a SITA involving an autombile
A search of the passenger compartment is allowed IF 1. The arrestee is unsecured (not handcuffed/in the car) OR 2. The police reasonably believe that evidence of the offense for which the person was arrested may be found in the vehicle
36
An inventory search incident to arrest is allowed if
Pursuant to an established department procedure
37
The Automobile Exception to the Warrant Req allows a search if
The police have probable cause to believe that a vehicle contains fruits, instrumentalities, or evidence of a crime
38
The scope of a search pursuant to the automobile exception to the warrant requirement is
Anywhere in the vehicle, including any containers or passenger's belonging, so long as the area might reasonably contain the item for which they had probable cause to search
39
The Plain View exception to the warrant requirement allows a warrantless seizure if
-The officer is legitimately on the premises -Evidence of crime or contraband is in plain view -It is immediately apparent that the item is evidence
40
Consent allows a warrantless search if
Any person with apparent equal right to use or occupy the property gives consent UNLESS a co-occupant is present and objects.
41
Stop and Frisk (Terry Stop) allows a warrantless search if
The stop is supported if there is articulable and reasonable suspicion of criminal activity and a search is of the outer garments is supported if there is articulable reasonable suspicion that the suspect is armed
42
The plain feel doctrine allows
An officer to reach into a suspect's clothing if the officer reasonably believes, based on plain feel alone, that there is a weapon or contraband
43
An automobile stop can turn into a terry stop if
there is reasonable belief that a person in the car is armed and dangerous, allowing search of the suspected person and the vehicle (limited to where the weapon could be)
44
Concern for spoliation of evidence allows a warrantless search if
Evidence could disappear before a warrant is obtained
45
Hot pursuit justifies a warrantless search if
The police are in hot pursuit of a fleeing felon (typically within 15 minutes)
46
A search in a public school
Doesn't require a warrant or probable cause, it only requires reasonable suspicion and -moderate chance of finding evidence of wrongdoing -methods of search are reasonably related to the purpose of the search -search is not excessively intrusive
47
Border searches are valid without a warrant if
An officer reasonably suspects that a vehicle contains undocumented aliens
48
Wiretapping requires a warrant and can be issued if
1. There is PC 2. The suspects are named 3. The conversations are described with particularity 4. The tap is for a limited time 5. The tap is terminated when the desired info has been obtained 6. The court is informed what was recorded
49
A warrant is required for a wiretap, but a speaker assumes risk that
the person they are talking to has allowed the government to listen or is wired for sound. There is no 4th Amendment claim if they make no attempt to keep a conversation private.
50
The catchall for warrantless searches states
That any evidence obtained in a manner that shocks the conscience is inadmissible
51
For a confession to be admissible under the 14th A it must be
Voluntary as determined by the totality of the circumstances. It is not involuntary if there is some official compulsion.
52
Admission of an involuntary confession may not warrant overturning the conviction if
It was harmless error
53
The 6th Amendment right to counsel requires counsel at
all critical stages after judicial proceedings have begun
54
Unlike the 5th Amendment right to counsel, the 6th is
Offense specific and does not apply until after formal proceedings begin
55
The 6th Amendment right to counsel can
be knowingly and voluntarily waived. Counsel doesn't have to be present for the waiver UNLESS counsel has been requested.
56
The failure to provide counsel at trial results in
an automatic reversal of the conviction
57
The 5th Amendment Miranda rights are triggered by
Custody and interrogation
58
Interrogation occurs
1. Where a person is being interrogated by someone they know is a government agent AND 2. The agent uses words or conduct likely to elicit incriminating responses
59
Custody occurs if
A reasonable person would not feel free to terminate the interrogation AND (for Miranda purposes) if the environment is inherently coercive similar to a station house interrogation
60
Invocation of right to remain silent must be ____ by the police
Scrupulously honored (can only be reinitiated after a substantial amount of time and a new Miranda warning)
61
The invocation of right to counsel and the right to silence must be
explicit and unambiguous
62
Once the right to counsel is asserted
All questioning must cease unless -Detainee reinitiates questioning -Detainee is released and reMirandized after 14 days
63
Evidence obtained in violation of Miranda rights is
Generally inadmissible except for as impeachment
64
A second properly warned confession is inadmissible if ____, may be admissible if ___
inadmissible if the violation was intentional to obtain information without providing Miranda warnings May be admissible if it was not in bad faith
65
Nontestimonial evidence obtained as a result of unmirandized questioning is
admissible unless the failure was purposeful
66
An exception to the Miranda requirement exists if
there is a reasonable concern for public safety
67
The 6th A RtC provides the right for certain identifications post charge
Line up - right to counsel Photo array - no right
68
A lineup violates due process if it is
Unnecessarily suggestive AND there is substantial likelihood of misidentification
69
An identification may be admissible even where a lineup violated due process if
there is an independent source for the identification (like a witness from the scene of the crime)
70
Examples of exceptions to the fruit of the poisonous tree:
-fruits of unmirandized statements -independent source -sufficient attenuation -violations of the knock and announce rule -good faith mistake
71
A prosecutor has a duty to disclose evidence that is ____ when ____
-Evidence is favorable for def -Reasonable probability the result would be different
72
A codefendant's confession implicating the other is inadmissible unless
-All parts referring to the other def can be eliminated OR -Confessing def takes the stand OR -Confession of nontestifying co-def is being used to rebut the def's claim of a coerced confession

BAR Prep (14 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions