CRIM - SPARKS - Factual Triggers & Fact Patterns

Question 1

“A asked B to rob the corner liquor store.” - triggers what?

Answer 1

Solicitation

1. Encouraging another
2. to commit a crime
3. with the specific intent
4. that the crime be committed

Question 2

“A asked B to rob the liquor store. B agreed to A’s proposal.” - triggers what?

Answer 2

Conspiracy.

1. An agreement
2. Between two or more people
3. to commit an unlawful act
4. with the specific intent that the crime be committed

Question 3

BB gun - triggers what?

Answer 3

• Discuss handgun violation
• BUT make distinction - a handgun is one that uses gunpowder
• Therefore, should not be charged

Question 4

” A pointed gun at B.” - triggers what?

Answer 4

Reckless endangerment

1. Conduct
2. that creates a substantial risk
3. of death
4. or serious bodily injury
5. that the actor disregards

2nd Degree Assault

1. placing one
2. in reasonable fear
3. of an imminent battery

Question 5

“A took the contents of the cash register while pointing a gun…” - triggers what?

Answer 5

Robbery

1. Theft or larceny (define elements)
2. by use of force

Robbery with a deadly weapon

1. Theft or larceny (define elements)
2. with a weapon
3. likely to cause death or serious bodily injury

Question 6

“A took the contents of the cash register.” - triggers what?

Answer 6

Theft (Larceny Form)

1. the tresspassory
2. taking and carrying away
3. of the personal property
4. of another
5. with the intent to deprive

Question 7

“A large quantity of marijuana was found in A’s room” - triggers what?

Answer 7

Possession of marijuana with the intent to distribute.

Amount has to be large enough to suggest that it is not merely for personal use.

Question 8

Search or seizure of persons or property - triggers what?

Answer 8

4th Amendment Search & Seizure Clause

Applicable to the states through 14th amendment incorporation, prohibits governmental warrantless searches and seizures, with limited exceptions.

Question 9

Officer stops A without a warrant. - triggers what

Answer 9

Stop and Frisk Exception

Foundation: 4th Amendment Search & Seizure Clause (applied to the states through 14th amendment incorporation) prohibits governmental warrantless searches and seizures, with limited exceptions.

Rule: A warrantless traffic stop is permitted where the officer has reasonable articulable suspicion to believe the suspect violated the traffic laws.

Think Also: Pretextual Stop Rule

Question 10

Long stop? (time-wise?) - triggers what?

Answer 10

Duration.

A stop may last no longer than necessary to effectuate its objective.

Question 11

Officer searches bag, finds cocaine, seizes. - triggers what?

Answer 11

Plain View Exception

[4th Amendment S & S Foundation]

The plain view exception validates a warrantless seizure where there is a prior valid instrusion and an item is seen in plain view that is immediately apparent as evidence of a crime.

Question 12

Search of a vehicle - without a warrant. - triggers what?

Answer 12

The Automobile Exception

[4th Amendment S & S Foundation]

1. The automobile exception
2. validates a warrantless search of a vehicle
3. where the officer has probable cause to believe
4. there is contraband in the vehicle.