Crim Pro

Question 1

Does merely being a passenger in a car give you standing to object to a search of that car?

Answer 1

no.
Merely being a passenger in someone else’s car does not create a reasonable expectation of privacy with regard to a search of the car.

Something more is needed to have standing to challenge the search, such as if the roommate owned the car (not indicated by the facts).

Question 2

what are the exceptions to the double jeopardy rule?

see card

Answer 2

legislative intent

new evidence for greater offense

Question 3

can D be sentenced under multiple statutes for the same offense, if the legislature intended it?

Answer 3

Yes, its an exception to DJ: Legislative Intent

D can be sentenced for the “same crime” (meets the Blockburger test) under multiple statutes if the legislature intended for it. AKA the legislature created multiple statutorily defined offenses that carry separate punishments. The same “crime” meets each of these statutes, and D’s single conduct makes him guilty of each of these offenses. D can take on the separate sentences of each of these statutes, if these punishments are imposed at a single trial.

• For ex, if a statute provides, D can be sentenced for both robbery and using a weapon during the commission of the robbery . if one statute carries sentence of 2 years and the other 5, he will go to prison for 7 years