Crim Pro MCQ Rules 2 Flashcards
Does the fifth amendment protect against voluntary incriminating statements?
NO.
The Fifth Amendment only protects against compelled self-incrimination—i.e., the act of implicating oneself in a crime through custodial interrogation or testimony. This protection does not extend to voluntary incriminating statements
When does a 4th amendment search take place?
A Fourth Amendment search occurs when the government:
- Physically intrudes upon a constitutionally protected area to obtain information or
- Invades a person’s subjective expectation of privacy that society would deem reasonable.
Can a 4th amendment search happen if an officer hears a statement from a place where the Offer is lawfully permitted to be?
NO.
*Remember: A statement or conversation can be the subject of a government search—e.g., if police trespass upon a person’s property to listen to a conversation. But no search occurs if an officer hears a statement from a place where the officer has a lawful right to be.
Is a photo array identification considered a critical stage for the purpose of the 6th amd.?
NO.
A photo-array identification is not a critical stage because the accused is not present and is not in danger of being misled or overpowered by the police or a government attorney
What is a hung jury?
A jury that cannot reach a unanimous verdict after deliberation. AKA a deadlocked jury.
When does double jeopardy attach?
When the jury is impaneled and sworn in.
Is there double jeopardy protection for a mistrial?
NO.
There is no bar to a second prosecution when a mistrial is declared:
1. At the defendant’s request or with the defendant’s consent or
2. Due to manifest necessity—i.e., a situation rendering it impossible to continue the trial or reach a fair outcome, a hung/deadlocked jury.
When can the death penalty be imposed on an accomplice to felony murder?
If the accomplice did not kill, attempt to kill, or intend to kill, then the death penalty cannot be imposed on the accomplice unless the accomplice:
- Significantly participated in the commission of the underlying felony and
- Acted with reckless indifference to human life.
What is the physical-trespass test?
Under the physical-trespass test, a Fourth Amendment search occurs when the government physically intrudes upon a constitutionally protected area to obtain information.
What is curtilage?
The curtilage (e.g., porch, yard) is a constitutionally protected area since it immediately surrounds and is closely associated with a person’s home.
When are officers permitted to intrude on a person’s curtilage?
Police have an implied license to briefly intrude upon a person’s front curtilage in the same manner as an ordinary visitor (e.g., to knock on the front door to speak with the homeowner).
However, entering the curtilage in an unusual manner for an uncommon purpose (e.g., to conduct a dog sniff for drugs) constitutes a Fourth Amendment search and must be supported by a warrant.
Is there a constitutional right to present witnesses at a grand jury?
NO, bc a grand jury only has the investigatory power to indict (not the judicial power to convict), witnesses do not enjoy the full complement of constitutional protections during grand jury proceedings.
Is there a constitutional right to counsel for witnesses in a grand jury?
NO. A grand jury witness may consult with an attorney outside the grand jury room. But there is no constitutional right to have counsel inside the grand jury room—even when the witness is the target of the grand jury investigation
What is the scope of a protective sweep?
A protective sweep is permitted if police have a reasonable suspicion that there is a confederate (i.e., someone who might launch an attack) in spaces immediately adjacent to the place of arrest. However, the sweep must be limited to a quick visual inspection of places in which a person might be hiding.
What is the scope of a search warrant?
The search may not exceed the authority granted by the warrant. Therefore, the search must end once the items specified in the warrant have been seized. If not, items seized during the extended search should be suppressed unless an exception to the warrant requirement applies.
Do double jeopardy protections apply to administrative proceedings?
NO.
Double-jeopardy protections do not apply to administrative proceedings—e.g., a disciplinary hearing stemming from criminal conduct.
What is the dual sovereignty doctrine?
Under the dual-sovereignty doctrine, a federal and a state court, or two different states, can prosecute a defendant for the same crime. However, the same state cannot prosecute a defendant twice for the same conduct.
What is the administrative-search exception to the warrant requirement?
Under the administrative-search exception to the warrant requirement, businesses in highly regulated industries (e.g., liquor stores) are subject to warrantless administrative searches. This exception is designed to advance public welfare—not traditional law enforcement objectives like searching for evidence related to a murder.
What are some common items & areas where there is no reasonable expectation of privacy?
- Bank records
- Things exposed to public view (eg, open fields, abandoned property)
- Physical characteristics (eg, handwriting, vocal sound)
- Conversations with undercover officers & informants
- Pen registers (ie, records of dialed telephone numbers)
- Smells emanating from cars & other items
- Prison inmate’s cell
- Automobile’s vehicle identification number (VIN)
What is an anticipatory search warrant?
A warrant that becomes effective only upon the occurrence of a triggering condition—the probable cause requirement is met if:
- At the time of issuance, there is probable cause to believe that the triggering condition will occur AND
- If the condition does occur, there is a fair probability that contraband or evidence of a crime will be found at the place to be searched.
What are mandatory presumptions?
Mandatory presumptions compel the fact finder to reach a conclusion from basic facts unless and until it is rebutted.
Can mandatory presumptions be used against a criminal Defendant?
NO.
These cannot be used against a criminal defendant to establish an element of the charged crime. Such use would violate the defendant’s due process rights by relieving the prosecution of its burden to prove every element of the charged crime beyond a reasonable doubt.
What is the standard for school searches?
School officials need only have a reasonable suspicion that a student is violating (or has violated) the law or school rules to search that student. Then, the search methods must be (1) reasonably related to the objective of the search and (2) not excessively intrusive considering the student’s age, sex, and the nature of the infraction.
What is the standard to search a car passenger?
Police must have probable cause to believe that evidence is on the passenger before searching the passenger because probable cause to believe that a vehicle contains evidence of a crime does not justify a warrantless search of a person who is, or had been, a passenger in the vehicle.
