Crim Pro

Question 1

Search and Seizure questions to ask yourself

Answer 1

Who is conducting the Search? What is a Search? and When can they Search?

Question 2

Who is conducting the Search?

Answer 2

Government official OR someone under the direction of the Government (government agent)

Question 3

What is a Search?

Answer 3

A search occurs where you have an expectation of privacy (behind closed doors, etc.)

Question 4

When can they Search?

Answer 4

If they have probable cause

Question 5

what is probable cause?

Answer 5

A reasonable person could conclude that items related to criminal activity can be found at the location

Question 6

If the elements are met, those conducting a Search need

Answer 6

A warrant

Question 7

Without a warrant, evidence is generally

Answer 7

inadmissible

Question 8

Warrants are issued by

Answer 8

neutral and detached magistrates

Question 9

Warrant has to be

Answer 9

specific about where, what, and whom the warrant covers

Question 10

Cops cannot

Answer 10

exceed scope of warrant

Question 11

exception to exceeding scope of warrant

Answer 11

anything in plain sight is admissible

Question 12

Once the cops find what they are looking for

Answer 12

the Search must end

Question 13

How many exceptions are there to the warrant requirement?

Answer 13

(1) Consent, (2) Hot Pursuit, (3) Auto Exception, (4) Exigent Circumstances, (5) Search incident to lawful arrest, (6) Protective Sweep, (7) Stop and Frisk

Question 14

(1) Consent

Answer 14

Owner of property may consent, or a 3rd party who has actual or apparent authority can consent to a search

Question 15

(2) Hot Pursuit

Answer 15

Police may pursue a fleeing suspect into a home when they have probable cause to make an arrest and when that arrest was already in motion in a public place within their jurisdiction

Question 16

(3) Auto Exception

Answer 16

Can look in closed compartments of a car but there has to be probable cause that the car has contraband

Question 17

(4) Exigent Circumstances

Answer 17

Emergency circumstances that lead to reasonable belief that evidence may be lost or destroyed

Question 18

(5) Search incident to a lawful arrest

Answer 18

After arrest, the cop may search the person and area within person’s wingspan

Question 19

(6) Protective Sweep

Answer 19

Reasonable belief other suspects are in the house. Must search for suspects only, not contraband

Question 20

(7) Stop and frisk

Answer 20

Cops need reasonable suspicion that criminal activity is afoot

Question 21

Miranda protections only apply

Answer 21

to custodial interrogations

Question 22

When taken into custody, if defendant asks for lawyer

Answer 22

all questions must stop

Question 23

What are custodial interrogations?

Answer 23

Custody - you are in custody when you are not free to leave (reasonable person would not feel free to leave)

Interrogations - Cop is trying to elicit criminal information

Question 24

Exceptions to Miranda protections

Answer 24

Voluntary statements are not protected under Miranda rights

Question 25

Waiving Miranda

Answer 25

Must be voluntary under the totality of the circumstances

Question 26

Silence (Miranda)

Answer 26

Silence does not mean waiver

Question 27

To waive Miranda rights, the defendant must

Answer 27

know and appreciate that they are doing so

Question 28

Double Jeopardy

Answer 28

Defendant cannot be tried for the same crime twice

Question 29

If there was no ______, then no double jeopardy

Answer 29

Trial #1

Question 30

Types of proceedings that do not result in DJ

Answer 30

If Gran Jury fails to indict, a pretrial hearing, or anything else that occurs prior to the trial starting

Question 31

When does trial #1 begin?

Answer 31

In a Jury trial - when jury is impaneled and sworn in

In a Non-Jury trial - when first witness is sworn in

Question 32

For double jeopardy to attach

Answer 32

there must be a final judgment in the first trial

Question 33

Exception to final judgment requirement for DJ

Answer 33

Separate Sovereign

Question 34

Types of separate sovereign

Answer 34

state court, then federal court

Fl court, then CA court

Common facts, but not the same elements and not the same crimes