CRIM PRO

Question 1

Who must be doing search or seizure:

Answer 1

Government or anyone acting under direction of government.

Question 2

What area equals a search:

Answer 2

anywhere you have a reasonable expectation of privacy

Question 3

Standard for conducting a search:

Answer 3

Probable Cause

Question 4

cop + search + probable cause=

Answer 4

NEED A WARRANT

Question 5

What is admissable from a search if there was no warrant?

Answer 5

Nothing

Question 6

Open field doctrine:

Answer 6

not conducting a search because no expectation of privacy

Question 7

What info is on a warrant?

Answer 7

where; who; what can be searched

Question 8

Can cop exceed the scope of a search warrant?

Answer 8

NO

Question 9

What does cop have to do once they find what they were looking for pursuant to the warrant?

Answer 9

Must not conduct any additional searches

Question 10

Exceptions to Warrants:

Answer 10

(1) Consent:
(2) Search incident to lawful arrest:
(3) Stop and frisk:
(4) Protective sweep:
(5) Exigent circumstances:
(6)Automobile exception:

Question 11

Who may consent to a search:

Answer 11

owner of property or one who has actual or apparent authority

Question 12

What is a search incident to lawful arrest:

Answer 12

if lawfully arrested, may search anything on their person or within their wingspan/reach.

Question 13

STOP AND FRISK

Answer 13

STOP: reasonable suspicion that criminal activity is afoot;

FRISK: reasonable suspicion of weapons on the person. On the street

Question 14

Protective sweep:

Answer 14

someone is arrested in their home, and they want to search rest of house to look for more criminals/suspects;

Question 15

Standard to conduct protective sweep

Answer 15

reasonable belief other suspects are present.

Question 16

Exigent circumstances:

Answer 16

emergency; reasonable belief that evidence may be lost or destroyed.

Common ex: fleeing or evidence may be lost or destroyed

never infer emergency

Question 17

Automobile exception:

Answer 17

if probable cause exists, police maay search enntire vehicle, including trunk/container/compartments, that may contain evidence they are searching for.

Question 18

Automobile Exception Requirements

Answer 18

1) probable cause to search the vehicle AND
2) probale cause must arise before the search begins

Question 19

Only afforded Miranda warnings if

Answer 19

custodial interrogation

Question 20

Custody

Answer 20

a reasonable person would not feel free to leave (doesn’t mean you’re in handcuffs)

Question 21

Interrogation

Answer 21

cops trying to illicit criminal response/information

Question 22

Voluntary Statements

Answer 22

If suspect starts talking on their own: then not subject to Miranda and admissible.

Question 23

Waiving Miranda

Answer 23

Never infer waiver. Silence is not waiver. Must be voluntary and based on totality of circumstances

Question 24

Double Jeopardy

Answer 24

Can’t be tried for the same crime twice.

Question 25

Double Jeapordy Requirements

Answer 25

1. Has to be on trial 2. A final judgement on the MERITS. 3. Same jurisdiction.

Question 26

Double Jeapordy Seperate Sovereign Rule:

Answer 26

if your tried in FL court and found NG, can still try u in fed ct. If in FL state court NG, can still be tried in Alabama