Crim Pro

Question 1

reasonable expectation of privacy test

Answer 1

1. person must have a subjective expectation of privacy
2. AND that expectation must be objectively reasonable

Question 2

when is the use of technology a search?

Answer 2

when the technology is not in general use or generally available to the public, then it is a search

Question 3

Does a person have a reasonable expectation of privacy in their movements?

Answer 3

Yes, monitoring of a person’s movements with GPS tracking FOR AT LEAST 7 DAYS is a violation of that person’s privacy

Question 4

curtilage

Answer 4

area immediately outside of a home that society recognizes as being afforded special privacy protections under property law (ex front porch or back patio)

Question 5

Curtilage vs open fields factors

Answer 5

1. how close is the area to the house
2. is the area enclosed with a common fence with the house
3. is the area used for traditional residential purposes
4. what measures did the home owner take to protect the area from being viewed by people

Question 6

when is property seized?

Answer 6

when law enforcement engages in meaningful interference with a person’s possessory interest

Question 7

when is a person seized?

Answer 7

when, from an objective standpoint, a reasonable person would believe that they are not free to disregard the police and leave

Question 8

The automobile exception

Answer 8

police can search a car without a warrant if they have probable cause

Question 9

SITA a car’s driver

Answer 9

allows an officer, after arresting a car’s driver, to search the person and the car’s glove box
(Does not apply if the person is detained and away from the car)

Question 10

Inventory searches

Answer 10

allows officers to warrantless search a car after impounding it, so long as the search is pursuant to PREEXISTING STANDARDIZED POLICY

Question 11

hot pursuit exception

Answer 11

when officers have probable cause to believe that a suspect who committed a felony offense has fled into a home, the officers may enter the home without a warrant

Question 12

preventing destruction of evidence exception

Answer 12

if officers reasonable believe that evidence is imminently being destroyed, then they may enter without a warrant

Question 13

Can officers SITA search a phone?

Answer 13

No

Question 14

K-12 special needs exception

Answer 14

school officials may conduct a warrantless search of students if they have a REASONABLE SUSPICION that a student possesses contraband

Question 15

closely regulates businesses exception

Answer 15

government actors may conduct a warrantless search of closely regulates businesses if legislation says they can
(ex pawnshops, gun salesmen, junk yards)

Question 16

what is required for police to enter a home with an arrest warrant

Answer 16

police must reasonably believe that
1. the home is the defendant’s residence and
2. the defendant is actually present when the officers enter the home

Question 17

can police enter a third party residence to arrest someone with an arrest warrant?

Answer 17

Not without a separate search warrant for the third party residence

Question 18

Reasonable suspicion

Answer 18

a suspicion based on specific, articulable facts objectively supporting the assumption that a suspect is or is about to commit a crime

Question 19

can anonymous informants provide reasonable suspicion

Answer 19

Yes, but they must supply sufficient descriptive and predictive information that is corroborated by officers

Question 20

how long does a terry stop last?

Answer 20

only long enough for an officer to confirm or deny their reasonable suspicion

Question 21

how can an officer search during a terry stop?

Answer 21

open handed pat down of the outer clothing

Question 22

what kind of proceedings does the exclusionary rule not apply to

Answer 22

grand jury, pre lims, sentencing, parole
Also immigration cases, admin proceedings, and civil trials

Question 23

4th amendment standing

Answer 23

in order to challenge admissibility based on 4th amnd. grounds, the D must have a privacy or property interest related to the officer’s search

Question 24

Car occupants 4th amnd. standing

Answer 24

Only a driver has standing to challenge a search. All occupants can challenge a stop.

Question 25

Home visitors 4th amnd. standing

Answer 25

Overnight guest has standing. Commercial guest does not.

Question 26

independent source exception

Answer 26

despite an officers fourth amnd. violation
1. the officer had an entirely independent source of probable cause that was untainted by the violation and
2. a judge issued a search warrant to the officer in a manner entirely unattributable to the officer’s earlier violation

Question 27

inevitable discovery exception

Answer 27

prosecution must prove beyond a preponderance of the evidence that
1. the contested evidence would have been discovered by constitutional means completely apart from the violation and
2. a substantial alternate line of investigation was being pursued at the time of the violation

Question 28

Good Faith Exception

Answer 28

exclusionary rule does not apply if a police officer reasonably relies on some objective factor in engaging in a search or seizure (ex. facially valid warrant, reliance on a computer database, reliance on precedent)

Question 29

what is required for a person to invoked the 5th

Answer 29

their testimonial response would have to produce a realistic posibility of self incrimination

Question 30

testimony-only immunity

Answer 30

prosecution cannot use any incriminating testimony. Person offered this can still invoke the 5th

Question 31

derivative use immunity

Answer 31

prosecution cannot use any testimony or evidence gathered through said testimony. Person offered this CANNOT INVOKE THE 5TH

Question 32

Transactional immunity

Answer 32

provides immunity from prosecution for any offense to which the testimony relates.
Person offered this CANNOT INVOKE THE 5TH

Question 33

Involuntary confessions

Answer 33

incriminating statement that was not the product of free will or rational capacity

Question 34

Involuntary confession factors

Answer 34

1. defendant’s characteristics and
2. the specific conduct interrogating officers used to obtain the confession

Question 35

Custody RE Miranda

Answer 35

suspect has either been arrested or, from an objective standpoint, otherwise has been deprived of their freedom of movement in a significant way

Question 36

Interrogation RE Miranda

Answer 36

incriminating questions or its functional equivalent (statement made by an officer that the officer should have known was reasonably likely to elicit an incriminating response)

Question 37

When can officers reinitiate communication after a D invokes his right to remain silent?

Answer 37

after a significant amount of time (at least several hours)

Question 38

Break in custody rule RE Miranda

Answer 38

If a person invokes their right to counsel and is then released. That invocation is good for 14 days. After that a new invocation is required

Question 39

when does the 6th amendment right to counsel attach?

Answer 39

when adversarial judicial proceedings commence. This means the D has been charged in some manner. (Complaint then arraignment, pre lim, or indictment)

Question 40

to what does the 6th amendment right to counsel apply?

Answer 40

all critical stages of prosecution

Question 41

Does the 6th right to counsel apply to all charges against a D

Answer 41

6th amendment right to counsel is offense specific. Ex. charged with burglary, a confession to a murder without counsel present is not protected

Question 42

Does the 6th require a custodial interrogation?

Answer 42

NO, just that an officer or their agent deliberately illicit incriminating information

Question 43

when does one have a right to appointed counsel?

Answer 43

indigent defendants charged with a felony or misdemeanor carrying a day or more of jail time

Question 44

Strickland test for effective assistance of counsel

Answer 44

1. did the attorney perform deficiently
2. did that deficient performance prejudice the defendant

Question 45

How to gage deficient performance

Answer 45

court asks whether the challenged conduct fell below the level of performance expected of a reasonably competent attorney. An attorney is presumed to be effective.

Question 46

How to gage prejudice for IAC

Answer 46

reasonable probability that, but for the deficiency, the result would have been different

Question 47

when do you have a right to a jury?

Answer 47

if your crime is punishable by a maximum of over 6 months. 6months or less and there is no right to a jury trial

Question 48

when does jeopardy attach?

Answer 48

When a trial jury is sworn in or, in a bench trial, when the first witness is sworn in or the first piece of evidence is submitted

Question 49

collateral-estoppel doctrine

Answer 49

if a judge or jury finds a D not guilty based on the lack of an essential fact, then the state cannot charge D with a related offense, provided a conviction would be factually inconsistent with the original acquittal