Crim Pro

Question 1

Crim Pro - 4TH A STANDING

Answer 1

1) ∆ had a subjective expectation of privacy

2) Society objectively considers there to be privacy in the thing searched

Question 2

Crim Pro - TERRY STOP

Answer 2

Stop = in view of all circ’s, reasonable person would have believe he was not free to terminate the encounter or otherwise decline the officer’s request

Reasonable Suspicion = particularized, objective basis for suspecting a person of criminal activity

Question 3

Crim Pro - TERRY FRISK

Answer 3

Police must have reasonable suspicion that the suspect is armed AND dangerous.

Limited search of outer clothing for assault weapons is allowed.

Question 4

Crim Pro - POLICE CHECKPOINTS

Answer 4

Police may set up temporary roadblocks to stop cars w/o individualized suspicion the drive has violated the law, IF:

1) cars are stopped on a neutral, articulable basis AND
2) the roadblock is designed to serve purposes closely related to a particular problem related to automobiles

Question 5

Crim Pro - PROBABLE CAUSE

Answer 5

Practical, common sense decision whether, given all of the circ’s set forth in the affidavit, including the veracity and basis of knowledge of persons supplying HS info, there is a FAIR PROBABILITY that contraband or evidence of a crime will be found in a particular place OR that a crime has been committed and the person to be arrested committed it.

Question 6

Crim Pro - SEARCH WARRANT REQUIREMENTS

Answer 6

1) Supported by PC
2) Describe place and things to be searched w/ reasonable particularity
3) be issued by a neutral and detached magistrate

Question 7

Crim Pro - WARRANT LIST EXCEPTION

Answer 7

1) Consent
2) Plain View
3) Automobile Exception
4) Search Incident to Lawful Arrest
5) Inventory Search
6) Exigent Circumstances

Question 8

Crim Pro - CONSENT EXCEPTION

Answer 8

• Must be knowing, valid, and intelligent
• By someone the officer reasonably believes has authority to give it

If 2+ people control the property, 1 can give consent UNLESS the other is present and objects or was removed to prevent objection

Question 9

Crim Pro - PLAIN VIEW EXCEPTION

Answer 9

An officer in a lawful vantage point may seize items in plain view w/o a warrant if their incriminating nature is immediately apparent

Question 10

Crim Pro - AUTOMOBILE EXCEPTION

Answer 10

Warrant is not required if police have PC to believe evidence of a crime or contraband is inside when the vehicle is found being, or readily capable of being, used on the highways or stationary in a place not regularly used for residential purposes.

Extends to any containers w/in the vehicle that might contain the contraband.

Question 11

Crim Pro - SEARCH INCIDENT TO LAWFUL ARREST

Answer 11

LAWFUL ARREST

1) Warrant OR
2) In public when officer sees ∆ commit felony or misdemeanor OR has PC to believe ∆ is/has committed a felony

SEARCH

1) Must take place in connection w/ or immediately after
2) Area searched is w/in wingspan of arrestee
3) When arrestee is not secured UNLESS it is reasonable to believe evidence of the offense of arrest may be found in the vehicle

Question 12

Crim Pro - INVENTORY SEARCH

Answer 12

Police may conduct a thorough inventory search or an arrestee when he is booked pursuant to established department procedure.

Question 13

Crim Pro - EXIGENT CIRCUMSTANCES

Answer 13

Threat that, if the time is taken to obtain a warrant, evidence will be lost or destroyed.

Question 14

Crim Pro - EXCLUSIONARY RULE EXCEPTIONS

Answer 14

1) Impeach ∆ who testifies
2) Independent source
3) inevitable discovery
4) attenuation of the taint
5) police acted in good faith reliance on facially valid warrant
6) fed habeus, civil tax, grand jury, civil deportation, or parole revocation hearing
7) knock and announce violations

Question 15

Crim Pro - 14TH A CONFESSIONS

Answer 15

Whether confession was voluntary, looking at the totality of the circumstances.

Involuntary confessions are inadmissible for ANY purpose.

Question 16

Crim Pro - 6TH A CONFESSIONS

Answer 16

Prohibits DELIBERATE ELICITATION of incriminating statements w/o the presence of an attorney after the INITIATION of adversary judicial proceedings.

Offense specific - police may continue to question ∆ on other, even factually related, charges.

Question 17

Crim Pro - 5TH A CONFESSIONS

Answer 17

Prosecution may not use statement stemming from CUSTODIAL INTERROGATION of ∆ unless he was given Miranda warnings prior to questioning.

CUSTODY = seizure or other functional equivalent of arrest

INTERROGATION = direct questioning or any statement or conduct by police that they should know are reasonably likely to elicit an incriminating response

Question 18

Crim Pro - PUBLIC SAFETY EXCEPTION

Answer 18

When the primary purpose of the questioning is to protect the police or public from an imminent danger of serious harm, the suspect’s statements are admissible even w/o a Miranda warning or waiver.

Question 19

Crim Pro - 5TH A RE-INITIATION OF QUESTIONING

Answer 19

RIGHT TO SILENCE
Once invoked, questioning must immediately cease and may only be re-initiated after a reasonable amount of time and only as to a separate crime

RIGHT TO ATTY
Once invoked, questioning may not be initiated absent the presence of counsel UNLESS accused himself re-initiates communication OR is 1st released into the general prison population for at least 14 days and re-Mirandized.

Question 20

Crim Pro - IDENTIFICATIONS

Answer 20

6th A = right to counsel at post-charge corporeal lineup

14th A = can’t be so unnecessarily suggestive as to create a very substantial likelihood of irreparable misidentification

1) opportunity to view at scene
2) degree of attention
3) accuracy of description
4) degree of certainty
5) time between crime and ID

Subsequent IDS are suppressed as fruit unless prosecution can show by C+CE that it is independent of the tainted out of court ID

Question 21

Crim Pro - INFORMANTS

Answer 21

5th A = not interrogation unless KNOWN law enforcement

6th A = violated when:

1) paid gov’t informant is place deliberately in ∆’s cell
2) after ∆ has been charged, and
3) is not merely silent, but deliberately elicits statements regarding the charged crime

Question 22

Crim Pro - RIGHT TO SPEEDY TRIAL

Answer 22

Attaches when ∆ is arrested and held to answer for a crime or formally charged.

Remedy = dismissal w/ prejudice

FACTORS:

1) length of delay
2) reason for delay
3) whether ∆ asserted
4) prejudice to ∆

Question 23

Crim Pro - PLEAS

Answer 23

Must be voluntary and intelligently made.

Just must advise ∆ personally, on the record, and in open court of:

1) nature of charge
2) critical elements of the offense
3) Maximum possible penalty and any mandatory minimum
4) that he has a right to plead not guilty and that pleading guilty waives his right to a jury trial

Question 24

Crim Pro - INEFFECTIVE ASSISTANCE OF COUNSEL

Answer 24

∆ may not be IMPRISONED for any offense w/o the assistance of counsel, absent a waiver.

∆ must show:

1) atty’s exercise of judgment and representation fell significantly below the reasonable standard of care, AND
2) but for this failure, he would not have been convicted

Question 25

Crim Pro - RIGHT TO JURY TRIAL

Answer 25

In any crim proceeding where ∆ faces a POTENTIAL sentence of longer than 6 months.

Includes right to jury SELECTED from a fair cross-section of the community.

Question 26

Crim Pro - DOUBLE JEOPARDY

Answer 26

Prohibits trial more than once for the SAME OFFENSE by the SAME SOVEREIGN.

Jeopardy attached:

• In jury trial, when the jury is impaneled and sworn
• In bench trial, when 1st W is sworn and the court begins to hear evidence

Question 27

Crim Pro - RIGHT TO REPRESENT SELF

Answer 27

On request of accused, ct must determine whether:

1) request is knowingly and intelligently made
2) he is competent to represent himself in that he has a factual and rational understanding of the proceeding