Crim Pro

Question 1

what is a stop and frisk

Answer 1

Stop: reasonable suspicion (totality of circumstances) based on articulable facts that someone was involved in illegal activity, and must be a limited intrusion on ∆’s freedom of movement

Frisk
* Officer WITHOUT PC can pat down outer clothing if reasonable suspicion that person was doing crime and its needed for safety
o Plain feel exception: if officer feels something that he can tell is contraband, can seize it

Question 2

when are checkpoints to gather info about a specific crime ok

Answer 2

 The primary purpose is to apprehend someone other than the motorists
 The stop significantly advances a public concern
 The stop is tailored to fit important investigative needs and is minimally invasive

Question 3

requirement for warrants

Answer 3

 Neutral magistrate
 Upon finding of probable cause
 Described with particularity

Question 4

when is arrest ok without warrant

Answer 4

if there is probable cause or

if there is a substantial chance of criminal activity

Question 5

facts supporting probable cause for an arrest

Answer 5

 Officer observation
 Info from reliable source
 Evidence seized during stop and based on reasonable suspicion, plain view, or consensual search

Question 6

elements to think about for each and seizure

Answer 6

o Government conduct
o Reasonable expectation of privacy or physical intrusion on protected area

Question 7

exceptions to search warrant requirement

Answer 7

o Incident to lawful arrest: must be reasonable in scope and incident to lawful arrest
 Wingspan
 Home – protective sweep
 Vehicle – justified if
* Arrestee is within reaching distance of passenger compartment during search or
* It is reasonable that evidence of the offense might be in vehicle

Question 8

when can cops search passenger compartment during a stop and frisk

Answer 8

okay if police have reasonable suspicion that ∆ is dangerous and could get immediate control of weapons, can search car for places where weapon might be

Question 9

what is the automobile exception

Answer 9

Can search any part of car if there is PC that it contains evidence of a crime

Question 10

plain view doctrine

Answer 10

 In public view- no REP
 In private view- if officer is on premises for lawful purpose and sees something in plain view and the incriminating nature of it is immediately apparent, officer can seize

Question 11

elements for warrant to wiretap

Answer 11

 Limited period of time
 PC that specific crime has been or is about to be committd
 Identify people and conversations

Question 12

exclusionary rule

Answer 12

o Fruit of the poisonous tree: all evidence from an illegal search will be excluded

Question 13

exceptions to exclusionary rule

Answer 13

o Inevitable discovery
o Independent source
o Attenuation: passage of time, intervening events
o Good faith
o Isolated police negligence
o Knock and announce
o In court ID is fine

Question 14

when does good faith not save a bad warrant

Answer 14

Doesn’t apply if warrant is defective on its face, judge is egregious, no reasonable officer would rely on

Question 15

5th amendment privilege

Answer 15

no person shall be compelled in criminal case to testify against themselves

Question 16

applicability of sixth amendment right to counsel

Answer 16

 Automatically applies at all critical stages
 Attaches when state becomes adversary

Question 17

test for ineffective assistance of counsel

Answer 17

 Attorney’s representation fell below objective standard of reasonableness and
 It prejudiced ∆ such there is a reasonable probability the outcome would’ve been different

Question 18

test for attorney conflict of interst

Answer 18

Must show actual conflict and adverse effect on counsel’s performance

Question 19

2 prong test for impermissible suggestability

Answer 19

 ∆ must prove ID Was impermissibly suggestive and
 Substantial likelihood of misidentification

Question 20

state’s duty to disclose

Answer 20

 Affirmative duty to disclose any material evidence favorable to ∆ that would negate guilt or diminish culpability

Question 21

when is state’s failure to disclose material favorable to ∆ grounds for reversal

Answer 21

• Evidence is favorable to ∆ and
• Failure to disclose caused prejudice against ∆

Question 22

test for discrimination in jury pool

Answer 22

o Distinctive group excluded
o Group not fairly represented in jury pool and
o Underrepresentation resulted from systematic exclusion of group

Question 23

requirements to enter guilty plea

Answer 23

o Must be intelligent and voluntary and made to judge
o Judge must advise ∆ and make sure no duress
o Judge must decide there is factual basis for plea

Question 24

balancing test for speedy trial rights

Answer 24

Length + reason for delay, ∆’s assertion of right, prejudice to ∆

Question 25

what can’t you have at trial

Answer 25

o No actual or apparent bias by judge
o Prosecutor can’t msstate law, talk to ∆ without counsel, express opinions on ∆’s guilt, comment on him not testifying

Question 26

Testimonial out of court statements by witnesses not allowed unless

Answer 26

• I) witness is unavailable and ∆ had prior opportunity to cross
• Ii) witness is unavailable because of ∆

Question 27

what are non testimonial statements

Answer 27

statements made for primary purpose of helping police in an investigation or emergency

Question 28

bruton rule: confession by non testifying co ∆ at joint trial against ∆ violates 6th unless

Answer 28

Neutral references are used with a limiting instruction

Question 29

appellate rights to counsel

Answer 29

 First appeal as of right: ∆ is guaranteed EPC and right to counsel
 Discretionary appeal: indigent ∆ doesn’t have right to counsel unless conviction was based on guilty or no lo contendre

Question 30

plain error rule

Answer 30

∆ who failed to preserve claim of error is entitled to appellate relief when
o I) the district court committed error under law in effect when appeal is heard (law has changed)
o Ii) error is obvious under that law
o Iii) error affected ∆’s substantial rights

Question 31

exception to miranda

Answer 31

public safety at risk