Crim Pro

Question 1

Police Checkpoints

Answer 1

Valid stop so long as:
1. Conducted in non-discriminatory manner, and
2. Purpose of checkpoint is closely related to issue affecting automobiles

Question 2

Seizures of Person

TAPS

Answer 2

1. Traffic stop
2. Arrest
3. Police checkpoint
4. Stop & Frisk

Question 3

4th Amendment Search Rule Statement

Answer 3

A search occurs when government conduct violates a D’s reasonable expectation of privacy.

Question 4

Search Warrant Requirements

Answer 4

A valid warrant must:
1. Be based on probable cause
2. Issued by a detached and neutral magistrate, and
3. Describe with particuality the people and places to be searched and items to be seized

Question 5

Exclusionary Rule Exceptions

Go In Any Time

Answer 5

1. Good faith reliance on defective warrant
2. Inevitable discovery through lawful means
3. An independent source
4. Passage of time

Question 6

Exceptions to Warrant Requirement

Answer 6

1. Exigent Circumstances
2. Search incident to arrest
3. Consent
4. Automobile exception
5. Plain view
6. Evidence from administrative search
7. Stop & frisk

Question 7

Exigent Circumstances Exception

Answer 7

Exigent circumstances can exist if there is a hot pursuit, reasonable apprehension that evidence would be destroyed, or police or public safety.

Use totality of the circumstances to determine if exigent circumstances exist

Does not include if police created the circumstances

Question 8

Search Incident to Lawful Arrest

Answer 8

1. Lawful arrest - must be based on probable cause
2. Scope of search - arrestee and his immediate surrounding area

Question 9

Stop & Frisk Warrant Exception

Answer 9

Stop - officer must have reasonable suspicion the person is engaged in criminal activity

Frisk - officer can seize an object whose identity is immediately apparent as contraband

Question 10

Consent Warrant Exception

Answer 10

Consent must be voluntary and search must be within the scope of consent

Question 11

Automobile Exception

Answer 11

Police can search any part of D’s car if they have probable cause to believe it contains contraband or evidence of a crime

Question 12

Plain View Exception

Answer 12

Officers do not need a warrant to seize evidence in plain view if the police are lawfully in the location and the criminal nature of the item is immediately apparent

Question 13

5th Amendment Rule Statement

Answer 13

Statements made as a result of a custodial interrogation are inadmissible unless accompanied by a Miranda warning.

Question 14

Custodial

Rule + Test

Answer 14

A person is in custody if they reasonable believe they are not free to leave or are otherwise deprived of their freedom in a signficant way.

Test - would a reasonable person believe that they were free to leave?

Question 15

Interrogation

Answer 15

A person is subject to interrogation if the police engage in any conduct that is likely to elicit a response, whether incriminating or not.

Question 16

Statements obtained from Miranda violation

Answer 16

Statements - inadmissible except to impeach

If statement leads to physical evidence - admissible

Question 17

6th Amendment Right to Counsel

Answer 17

The 6th Amendment guarantees a right to counsel for a criminal D at all critical stages, attaching at indictment, information, or formal charges.

ONLY attaches for a specific charge

Applies to all felonies and misdemeanors in which jail time or suspended jail sentence is imposed

Question 18

Photo Arrays

Answer 18

Neither D nor D’s lawyer has right to be present BUT photos must be turned over to D

Question 19

Line Up Evidence

Answer 19

A line up that was impermissibly suggestive will be suppressed at trial

Question 20

Exclusionary Rule

Answer 20

Illegally obtained evidence is inadmissible at a criminal trial and evidence obtained as a result of the violation are fruits of the poisonous tree.

Question 21

Jury Challenges - 2

Answer 21

1. For Cause - unlimited number
2. Peremptory - can be made for any reason except race or sex

Question 22

Confrontation Clause

Answer 22

A D has a right to confront the witnesses against him.

If a statement is testimonial, the 6th Amendment bars admission if:
1. Declarant is unavailable, and
2. D had no prior opportunity to cross-examine witness

Question 23

Ineffective Assistance of Counsel - Strickland Test

Answer 23

1. Performance of counsel - reasonable conduct?
2. Prejudice - reasonable probability that had counsel performed effectively, the result would have been different

If ineffective assistance –> D’s conviction must be reversed

Question 24

Blockburger Test

Answer 24

Ask whether each statutory provision requires proof of an element that the other does not

Question 25

Apprendi Doctrine

Answer 25

The 6th Amendment prohibits judges from increasing criminal sentences beyond the statutory maximums based on facts other than those decided by the jury beyond a reasonable doubt

Question 26

Competence to Stand Trial

Answer 26

Test - whether D comprehends the nature of the proceedings against him and can assist in his defense

Question 27

Guilty Pleas

Answer 27

Judge must ensure that D is aware of:
1. Nature and essential elements of the charged offense
2. Maximum and any mandatory minimum sentence that can be imposed after a guilty plea, AND
3. Constitutional rights to be waived