Crim Pro

Question 1

Search Warrant – Requirements

Answer 1

Presumptively valid if:

1. Issued by neutral + detached magistrate
2. Based on PC
3. Supported by a sword oath or affidavit
4. Particularly described the palace to be searched + items seized

Question 2

Search Warrant – Rebutting its validity

Answer 2

D can challenge the validity of the search warrant by proving by a preponderance of the E that:

1. PO application has a false statement
2. Statement was necessary for finding PC
3. PO knew, or recklessly disregarded its falsity

Once rebutted, E must be suppressed

Question 3

Policy Flyovers –violation?

Answer 3

No, not a violation of 4A search bc:

1. Aerial observations are not physical intrusions
2. Person has no reasonable expectation of privacy in items and areas exposed to public view

Question 4

No resonable expectation of privacy

Answer 4

• Aerial view of backyard/house
• Bank records
• Things exposed to public view (e.g., open fields, abandoned property)
• Physical characteristics (e.g., handwriting, vocal sound)
• Conversations with undercover officers & informants
• Pen registers (i.e., records of dialed telephone numbers)
• Smells emanating from cars & other items
• Prison inmate’s cell
• Automobile’s vehicle identification number (VIN)

Question 5

is 5A privilege against self incrimination limited to US citizens

Answer 5

NO

Question 6

When is a person in custody `

Answer 6

1. placed under formal arrest

or

2. person’s freedom of movement is restrained to such a degree that a reasonable person would not feel free to terminate the encounter
   - reasonable person does not feel comfortable leaving

Question 7

Does an illegal arrest bar the prosecution of of an arrestee who was properly charged?

Answer 7

NO, if they were properly charged, it does not bar it

Question 8

When can police enter a TP home to arrest a suspect

Answer 8

Police may enter a TP’s home to legally execute an arrest warrant only when they have

(1) a search warrant,

(2) exigent circumstances, or

(3) the third party’s consent.

But an illegal arrest does not bar subsequent prosecution of the arrestee, so long as the arrestee was properly charged.

Question 9

When is a suggestive OOC identification allowed for in court ID testimony?

Answer 9

P needs to show that the ID is substantially reliane –– no substantial likelihood of misidentification

Question 10

Standard school officials need to search kids

Answer 10

Reasonable suspicion