Crim Pro Flashcards
Is entrapment an affirmative defense?
Yes. Can require ∆ to show by PoE that he was entraped.
Is evidence of two prior convictions for sale of narcotics allowed in for an existing trial about sale of cocaine to an undercover cop?
Yes. MIMIC Act. to show motive.
Is the remedy for an unlawful arrest reversal of the conviction?
NO. An unlawful arrest alone has no bearing on a subsequent criminal prosecution.
Woman in fitting room is being watched by undercover detective at a vantage point where she could see into the rooms. Detective saw woman enter, stuff dress into purse, and leave.
By prearranged signal, detective notified police officer near door, who detained the customer. Customer arrested, dress retreived from her purse.
Motion to suppress the dress. Granted?
Grant. 3 Issues.
Issue 1. Was this a search or seizure? Yes. Search by watching fitting room. REP? Yes. closed from public view and REP that won’t be watched.
Issue 2. Was the search by a state actor? Yes. Detective working for police which was conducting surveillance.
Issue 3. Warrant exception? No plain view, no other exception applies.
Thus, violation of 4A. So grant motion.
Can death penalty be imposed for accomplice to FM who did not take or intend to take or intend that lethal force be used?
No, would violate 8A. But could still be guilty of FM if it was it is a foreseeable crime during the commission, attempt or flight from the felony.
If cops direct a principal to search a students backpack, does the warrantless exception for school searches apply?
No. Would need either PC or a warrant to search. Cannot use the principal to circumvent the warrant or PC requirement.
Probable Cause
TRC
Trustworthy Facts or Knowledge (can be in part on anon informant)
RB
Crime Committed
Terry Stop
Stop - RS, RT
Frisk - if RB A/D, pat outer. If believe W/C, can seize.
Auto Stop
RS that violation of law.
Sniff not search.
All occupants have standing.
Pretext ok.
Roadblocks
NAScar
Seizures of the Person - General Rule
Gov REPs Wear PPE
Government Action
REP
Warrant - Proper and Properly Executed
Warrant Requirement
PCP, NDM, can AntiP
PC, Particularity, Netural Detached Mag
Warrant Execution
If you dont execute properly, you SUCK.
Scope
(no) Unreasonable delay
Coming w/ 3rdP unless to ID
Knock + announce
Exigent Cir
EE, HP (<15 min), Emer Cir
SITLA
A = L, S= L
Scope = Wingspan + Contemporaneous
Can check pockets
RUD - car
RB related to arrest
Unsecured
Destruction likely
Consent to Warrantless Search
Must not be product of D or C. E or I.
No landlord, no employer.
Ok if Police RB could give consent.
Scope = RB of what given.
3rdP can give if not there.
Auto Exception
Auto = All parts of car where RB thing be.
Anything mobile
Plain View
IA (5 senses) + LP + PV + FICE
School Search
MC + RR + NEI.
Not allowed if at direction of cops. Then need PC or warrant.
Exclusionary Rule
Evidence in violation of 456A inadmissible to prove guilt.
Exceptions to Exclusionary Rule
GF SIIIICK
Enforcement of Exclusionary Rule
Q for judge, not jury.
Gov est admissibility by PofE.
Can testify @ suppress hear w/o later being admitted against
Pre Trial ID
US MIL UIS
not Unnecessarily Suggestive such that mis-ID Likely Unless Independent Source
14A DPC Confessions
14 Pretty Cute COWS = exclude fruit + confession
- Police coercive conduct?
- Overcome will of suspect?
= exclude fruit and confession.
6A R2C
6A, applied to states thru 14A.
In crim pros, ∆ has right to AoC during ACS AFPS.
FP = IPA, not arrest or booking.
Any attempt to ION W = E
W = KIV
All critical stages, after formal proceedings start.
FP = indict, arraign, prelim hear. not arrest or book.
Illicit incrimination O N W E
Which amendment requires that the state must prove every element of a crime BRD?
14A, DPC.
Can a judge hear new evidence @ a sentencing hearing and determine by a preponderance of the evidence?
No, violation of 6A right to jury trial. Jury must hear the evidence and decide BRD.
