Crim Pro Essays

Question 1

When must Miranda be read?

Answer 1

• custodial - arrest OR reasonable person would have believed he could not leave under the totality of the circumstances
• interrogation - a) questioning OR any words or actions that the police know or should know are reasonably likely to elicit an incriminating response b) initiated by a known (as opposed to undercover) law-enforcement officer

Question 2

When are police checkpoints permissible?

Answer 2

Police checkpoints are valid, as long as the stop is:
* conducted in a non-discriminatory manner and
* the purpose is for an articulable reasonable beyond general crime prevention (DUI checkpoint okay, checking for contraband not okay)

Question 3

Exceptions to the warrant requirement

Answer 3

• Plain View - lawfully in location + criminal nature immediately apparent
• Automobile Exception - probable cause car contains contraband or evidence of crime
• Search Incident to Lawful Arrest - immediately surrounding area (wingspan) or if at home anywhere from which an attack is likely
• Exigent Circumstances - totality of the circumstances, hot pursuit of fleeing felon, delay would result in immediate evidence destruction or danger to safety
• Terry Stop and Frisk - reasonable suspicion person engaged in criminal activity –> reasonable suspicion that armed –> plain feel
• consent - voluntary = no threats + no false assertion of lawful authority, only in places where consent given

Question 4

Exceptions to the exclusionary rule

Answer 4

• inevitable discovery (hypothetical)
• independent source (was actually)
• passage of time (attenuation)
• good faith reliance on defective warrant

Question 5

5th Amendment

Answer 5

The 5th Amendment provides that no person shall be compelled in a criminal case to testify against himself. The right applies to testimonial evidence **coercively obtained **by the police.

Question 6

Due Process

Answer 6

Under the Due Process Clause, which is applicable to the states under the 14th Amendment and the federal government under the 5th Amendment, police line-ups must not be conducted in a manner that is unnecessarily suggestive or provides a substantial likelihood of misidentification.

Question 7

6th amendment

Answer 7

The 6th Amendment right to counsel automatically applies at all critical stages of prosecution after formal proceedings begin. The right attaches when the state initiates prosecution through an indictment or formal charge and ends at the sentencing stage.
waiver of right must be knowing and voluntary