Crim Pro

Question 1

general essay organization approach

Answer 1

1. identify remedy
2. identify right
3. identify violation

Question 2

exclusionary rule: rule statement

Answer 2

The exclusionary rule will suppress evidence obtained in violation of a defendant’s rights under the (4th/5th/6th) Amendment, applicable to the states through the Fourteenth Amendment.

Question 3

rule statement: exclusion of derivative evidence

Answer 3

Derivative evidence discovered as a result of the primary violation is also excluded as “fruit of the poisonous tree” unless an exception applies.

Question 4

exceptions to fruit of the poisonous tree

Answer 4

1. inevitable discovery
2. independent source
3. attenuation
4. good faith reliance (on facially valid warrant or law later struck down)

Question 5

in what situations does fruit of the poisonous tree not apply?

Answer 5

1. isolated negligence by cops
2. knock and announce violations
3. witness’s in court identification

Question 6

rule statement: fourth amendment

Answer 6

fourth amendment protects persons from unreasonable search and seizure by the government

Question 7

three required elements of 4A claim

Answer 7

1. governmental conduct / state action
2. reasonable expectation of privacy
3. standing

Question 8

test for whether a person has been seized

Answer 8

would a reasonable innocent person feel free to decline the officer’s requests or end the encounter?

Question 10

when is a police pursuit a seizure?

Answer 10

intentional use of force

Question 11

when is a detention appropriate?

Answer 11

reasonable suspicion to investigate supported by articulable facts
must be brief and only long enough to verify or dispel suspicions

Question 12

when is a frisk appropriate?

Answer 12

officer believes D is armed and may also frisk for weapons

Question 13

what must an arrest be supported by?

Answer 13

probable cause at time of arrest

Question 14

when can yo arrest someone at their home?

Answer 14

requires warrant supported by PC

Question 15

when can you arrest someone in public?

Answer 15

warrantless arrest in public is valid if officer observed crime
if officer did not, warrant is required for misdemeanor, but not felony

Question 16

when is traffic stop appropriate?

Answer 16

reasonable suspicion that a law was violated

if at border, random search w/o reasonable suspicion ok. if not, pursuant to standard (not random) and purpose is vehicle-related

Question 17

requirements for warrant supported by PC

Answer 17

1. description with particularity
2. neutral and detached magistrate
3. properly executed

Question 18

exceptions for warrantless search

Answer 18

“ESCAPES”
1. exigent circumstances
2. search incident to arrest
3. consent
4. auto exception
5. plain view
6. evidence from admin search
7. stop and frisk

Question 19

four questions to ask in confession fact pattern

Answer 19

1. was D in custody?
2. was D subject to interrogation?
3. Were miranda warnings given?
4. was there a waiver?

Question 20

when must a confession be suppressed?

Answer 20

defendant was in custody and subject to interrogation but not given miranda warnings

however, so long as voluntary, can be used for impeachment (unless D unambiguously invoked right to silence or counsel)

Question 21

standard required for arrest

Answer 21

probable cause

Question 22

when is a person in custody?

Answer 22

1. placed under formal arrest, or
2. person’s freedom of movement is restrained to such a degree that a reasonable person would not feel free to terminate the encounter

Question 23

when can police enter a third party’s home to legally execute an arrest warrant?

Answer 23

1. search warrant
2. exigent circumstances, or
3. third party consent

Question 24

when police seek issuance of an anticipatory search warrant, when is the probable cause requirement met?

Answer 24

1. at the time of issuance, there is PC to believe the triggering condition will occur, and
2. if condition does occur, fair probability that contraband or evidence of a crime will be found

Question 25

general standard for school officials conducting a search of a student’s person

Answer 25

reasonable suspicion that student is violation / has violated the law or school rules

Question 26

particular requirements for search conducted of student’s person pursuant to reasonable suspicion

Answer 26

search methods must be
1. reasonably related to the objective of the search, and
2. not excessively intrusive considering the student’s age, sex, and nature of infraction

Question 27

standard for police search of individual who was passenger in a car for which cops have probable cause to believe contained evidence of a crime

Answer 27

cops must have probable cause to believe that evidence is on the passenger

Question 28

when is a checkpoint to gather information about a specific crime reasonable?

Answer 28

1. the primary purpose is to apprehend individuals other than the motorists,
2. the stop significantly advances a public concern, and
3. the checkpoint is tailored to fit important criminal investigatory needs and minimally interfere with 4A rights

Question 29

how long does the obligation for police to honor the invocation of Miranda right to counsel last after release from custody?

Answer 29

terminates 14 days after release from custody