Crim Pro

Question 1

Does an officer subjective intentions, play any role in the reasonableness of a seizure under the fourth amendment?

Answer 1

No under Whren v US

Question 2

Can an officer order a driver and passengers out of a vehicle during a valid traffic stop

Answer 2

Yes, they can under Maryland v Wilson

Question 3

A court should admit a lay witness’s opinion testimony only if it is:

Answer 3

1) rationally based on the witness’s perception, 2) helpful to clearly understand the witness’s testimony or determine a fact in issue, and 3) not based on scientific, technical, or other specialized knowledge.

Question 4

Does identification of a controlled substance require expert formal training?

Answer 4

NOPE

Question 5

Is jury selection a critical stage of trial with which the defendant is guaranteed a right to be present under the sixth amendment confrontation clause?

Answer 5

Yes

Question 6

In a Bench Trial

A judge may enter a partial finding against the nonmovant after _________

Answer 6

The nonmovant has been fully heard of the issue. If that resolves a party’s claim or defense, the court may enter a judgment on partial findings.

Fed. R. Civ. P. 52(c)

Question 7

Under the MPC, the requisite mens rea, if not stated in statute is what?

Answer 7

Recklessly

Question 8

For larceny, generally even the slight use of force to gain possession of another’s property is sufficient. What is the quality the force must have?

Answer 8

the force used by the defendant must be more than the amount necessary to effectuate taking and carrying away the property.

Question 9

Attempt murder is a ____ intent crime.

Answer 9

Specific intent

Question 10

True or False: There must be actual intent to be convicted of attempted murder.

Answer 10

True. It is a specific intent crime.

Question 11

When is deadly force as self-defense permitted?

Answer 11

when the defendant reasonably believes danger of death or serious bodily harm is immediate.

Question 12

Is a blood draw as part of a valid warrant considered to be a major medical procedure that would shock the conscious?

Answer 12

No, it is a reasonable, minimally invasive medical procedure.

Question 13

5th amendment privilege against self-incrimination extends to a witness in any proceeding, whether civil or criminal, formal or informal, if

Answer 13

the answers provide some reasonable possibility of incriminating the witness in future criminal proceedings.

Question 14

Exigent circumstances exist when

Answer 14

police have probable cause to believe that a warrantless entry and/or search is needed to:
1) prevent imminent destruction of relevant evidence (evanescent evidence)
2) protect police and/or the public from immediate physical harm (emergency situation), or
3) pursue a fleeing suspect after a felony occurs (hot pursuit)

Question 15

Is a parolee who is summoned to appear before a parole officer in custody

Answer 15

No, and is thus not entitled to Miranda warnings

Question 16

Under the third-party doctrine, individuals generally have no reasonable expectation of privacy in information voluntarily turned over to a third party, so no warrant is required to collect such information.

However, a warrant is required for

Answer 16

historical cell-phone sit-location data even if held by a third party

Question 17

Does the eight amendment prohibition against cruel and unsual punishment forbids imposing a death sentence on a defendant with an intellectual disability?

Answer 17

Yes, intellectual disability requires in IQ score of 70 or below

Question 18

A defendant’s due process rights are violated when the prosecution prejudicies the defendant by failing to timely disclose Brady evidence. What is Brady evidence?

Answer 18

Brady evidence is (1) evidence that is favorable to the defendant (exulpatory or impeachment evidence) and (2) material to guilt of punishment.

Question 19

Does the 4th amendment apply to a subpoena for a witness to testify before a grand jury?

Answer 19

Nope.

Question 20

Does the sixth amendment right to counsel apply when the person has an attorney appointed, is in there cell, and bragging to an undercover cop?

Answer 20

NO

Question 21

Denial of the oppurtunity to cross-examine a prosecution witness with regard to bia violates

Answer 21

the confrontation clause.

Question 22

A witness may invoke the right against self-incrimination in response to specific questions. However, such an invocation after testimony has already been made may violate

Answer 22

a defendant’s right to confront witness guaranteed by the 6th and 14th amendments

Question 23

If a higher charge is dismissed against a defendant, then testimony is offered on a lesser charge that would prove the higher charge - may the complaint be amended to add back the higher charge?

Answer 23

NO - that would violate double jeopardy

Question 24

Common law conspiracy requires proof that at least two persons entered an agreement with the specific intent to accomplosh a criminal act.

When the conspired act violates a statute designed to protect members of a given class - can a member of that class be guilty of the criminal act or conspiracy?

Answer 24

NO

Question 25

Can intent to permanently deprive another of his-her property be formed later by accidentally damaging or destroying the property?

Answer 25

NO

Question 26

Double jeopardy does not probhibt a second prosecution for the same offense when

Answer 26

1) the defendant was convicted of a lesser offense at the first trial
2) the second prosecution involves a greater offense
3) the facts necessary to prove that offense did not exist during the first trial

Question 27

When do statutes of limitations start to run?

Answer 27

Once all elements of the crime have occurred

Question 28

What does it mean to challenge a potiential juror for cause during vio dire?

Answer 28

Challenge is for a juror whose view would subtantially impair his/her ability to be impartial when deciding the case

Question 29

Can someone be guilty of attempt even if it was factually impossible to complete the intended crime?

Answer 29

Yes.

i.e. factual impossibility is not a defense to attempt

Question 30

Is legally impossibility a defense to attempt?

Answer 30

Yes.

Question 31

Can officers enter a neighbors property to view into a home and use the plain use doctine?

Answer 31

YES
Why? because the homeowner will have no standing as the intrustion was onto the neighbors property not theirs and you have knowingly exposed the crime/criminal activities to others

Question 32

Does a voluntary warrantless search need to have informed consent?

Answer 32

NOPE