Crim Pro

Question 1

plain view exception

Answer 1

exception to the warrant requirement: (i) the police must be legitimately on the premises where the item is found; (ii) the item must be evidence, contraband, or a fruit or instrumentality of a crime; (iii) the item must be in plain view; and (iii) it must be immediately apparent (i.e., probable cause) that the item is evidence, contraband, or a fruit or instrumentality of a crime.

Question 2

4th amendment

Answer 2

As a general rule, the Fourth Amendment prohibits unreasonable searches and seizures. Generally, for a search to be reasonable, it must be pursuant to a warrant issued by a neutral and detached magistrate and based on probable cause to believe that seizable evidence or fruits of a crime will be found in the place to be searched. However, certain warrantless searches are deemed reasonable.

Question 3

5th amendment

Answer 3

1. The right to indictment by the grand jury before any criminal charges for felonious crimes
2. A prohibition on double jeopardy
3. A right against forced self-incrimination
4. A guarantee that all criminal defendants have a fair trial, and
5. A guarantee that the government cannot seize private property without making a due compensation at the market value of the property.

Question 4

is signed confession at the police station shortly after arrest, sufficient in and of itself to convict?

Answer 4

no, a criminal conviction cannot rest entirely on an uncorroborated extrajudicial confession. If the defendant dose not admit guilt in court, the prosecution must introduce extrinsic evidence that at the least tends to establish the trustworthiness of the crime; the confession must be show to be trustworthy.

Question 5

Gerstein hearing

Answer 5

is a hearing to determine probable cause to hold a detainee who was arrested without a prior finding of probable cause (not pursuant to an arrest warrant or grand jury indictment)

Question 6

An information

Answer 6

he prosecutor most states west of the Mississippi crimes are charged this way. also used when the defendant waives his right to a grand jury indictment.

Question 7

True bill

Answer 7

if a charging grand jury determines probable cause to prosecute it will return a bill of indictment as a “true bill”

Question 8

waiver of 5th and 6th right to counsel

Answer 8

right to counsel may be waived by a knowing and voluntary waiver judged by a totality of the circumstances
5th - if defendant is given Miranda warnings the defendant must make an unambiguous and specific request for counsel
6th - does not require the presence of counsel unless the defendant already requested counsel.

Question 9

Terry stop based on informer’s tip

Answer 9

officer can make Terry stop based on a n informers tip if the tip was accompanied by indicia of reliability. Reliability can come from the fact that the informer is known by the police officer and has provided reliable tips in the past. An anonymous tip can also be reliable, but it generally must include more information than can be seen by a casual observer (predictive information). It’s not required that the informer reveal his identity.

Question 10

Terry stop

Answer 10

officer need only have reasonable articulable suspicion that a crime is occurring is about to occur or has just occurred and that the person stopped is involved or might have evidence relating to the crime.

Question 11

peremptory strikes

Answer 11

a peremptory challenge to a juror is the right to strike a juror without cause. most states allow a certain number. Generally, a peremptory strike may be based on any rational or rational factor. Because such strikes require court enforcement, they involve state action. because the equal protection clause prohibits the government from discriminating not he basis of race or sex, neither the prosecutor of the defendant can bas a peremptory challenge on juror’s race or sex.