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Criminal Due Process > Criminal Due Process Quiz #1 > Flashcards

Criminal Due Process Quiz #1 Flashcards

1
Q

Standing for our purposes is…

A

When your personal rights are violated

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2
Q

T/F; Wolf v. Colorado gave the exclusionary rule to the states

A

False

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3
Q

T/F; States cannot have different application of the law than the USSC

A

False

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4
Q

T/F; the USSC hears every case

A

False

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5
Q

Criminal procedure is…

A

Rules that govern whether a violation of criminal law has occurred

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6
Q

When ratified, the Bill of Rights…

A

only intended to limit the federal government

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7
Q

Duncan v. Louisiana held…

A

right to jury trial incorporated to states

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8
Q

In Rakas v. Illinois, Rakas lost because…

A

he had no expectation of privacy in the car, gun, or ammo (had no standing)

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9
Q

You searched my purse and turn over illegal items to the police

A

I can file MTS but will not win

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10
Q

The SJC and USSC are similar in that…

A

they both decide what cases they will hear

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11
Q

I will not win MTS for your search of my purse because…

A

you are not a government agent

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12
Q

Is there a difference between criminal law and criminal procedure?

A

Yes; criminal law defines the rights and obligations of individuals in society, criminal procedure defines individual’s rights during the criminal process

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13
Q

In Smith vs. Maryland, is there an expectation of privacy in phone numbers dials by an individual?

A

No

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14
Q

In Katz v. United States, is attaching a listening device to the outside of a public phone booth a violation of 4th Amendment?

A

Yes

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15
Q

The Katz holding stands because

A

Katz had a reasonable expectation of privacy that society is willing to accept (2-part test)

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16
Q

T/F; States can have rules/laws that differ from a USSC case/ruling

A

True

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17
Q

T/F; In California v. Greenwood, garbage placed at a curbside is protected by the 4th Amendment

A

False (intended for a 3rd party)

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18
Q

T/F; Standing is automatic for anyone accused of a crime

A

False

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19
Q

You tell your best friend all your “secret” illegal activities and she tells the police and you’re arrested, is this legal?

A

This is legal, you have no 4th Amendment protections here because your friend is not a government agent

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20
Q

T/F; The exclusionary rule is the remedy for defendants who claim that their 4th Amendment right has been violated

A

True

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21
Q

Which Massachusetts court(s) is/are courts of law?

A

SJC and Appellate courts

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22
Q

What are the 4 factors for curtilage?

A

1) The distance from the home to the location
2) Whether the location is in an enclosure surrounding the home
3) The nature of the use to which the location is put
4) The steps taken by the resident to protect the area from observation by people passing by

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23
Q

T/F; The 4th Amendment only limits governmental action, not private searches and seizures

A

True

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24
Q

What are the sources of procedural law?

A

State constitutions, United State constitution, and the USSC

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25
Q

Which is the highest court in MA

A

Supreme judicial court

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26
Q

T/F; Curtilage includes open fields

A

False

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27
Q

“Secure in their persons” includes…

A

A person’s body head-toe, internal body (blood, DNA, saliva, etc.), and the clothing on a person’s body

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28
Q

T/F; “No trespass” signs on a property are enough to establish curtilage

A

False

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29
Q

For our purposes, if something is a search…

A

The 4th Amendment may apply

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30
Q

The current test(s) to establish a reasonable expectation of privacy

A

The trespass doctrine and Katz 2-part test

31
Q

4th Amendment

A

Protects people from unreasonable searches and seizures by the government

32
Q

Kyllo v. United States

A

Agent suspects Kyllo of growing marijuana in his triplex in Oregon; agent uses a thermal imager (detects infrared radiation) across the street from his car at 3 am in January; detects heat needed for grow lamps; uses this info plus other tips to get a warrant; searches Kyllo’s home, finds marijuana, arrests him

33
Q

Kyllo issue

A

Does the use of thermal-imaging divides aimed at a private home from a public street constitute a search with the meaning of the 4th A?

34
Q

Kyllo holding

A

The use of a thermal imager does constitute a search; Kyllow wins

35
Q

Kyllo reasoning

A

Thermal imager is “sense enhancing technology” that cannot be obtained by the general public, therefore this info could not have been found without a physical intrusion; relies on Katz 2-part test

36
Q

Katz v. United States

A

Katz is suspected of transmitting gambling info over the phone in a phone booth; federal agents attach recording device to the outside of the phone booth; recordings are used to indict Katz

37
Q

Katz issue

A

Is the placement of a recording device on the outside of a phonebooth considered to be a “search” under the 4th Amendment?

38
Q

What does the USSC say about Kat’s claim that the phone booth was constitutionally protected?

A

There’s no such this as a constitutionally protected area, the 4th Amendment protects people

39
Q

Katz holding

A

The placement of the recording device on the phone booth is considered a search; Katz wins

40
Q

Katz reasoning

A

Katz closed the door behind him, it’s an enclosed space, so he expected to not be heard; the 4th Amendment extends any time a person has an expectation of privacy that is both subjective and objectively reasonable in the eyes of a majority

41
Q

Katz 2-part test

A

1) A person has to have exhibited an actual expectation of privacy
2) The expectation must be one that society is prepared to recognize as reasonable
An AND test

42
Q

Curtilage

A

The area immediately surrounding a dwelling

43
Q

Criminal law is…

A

A system of laws concerned with crimes and the punishment of individuals who commit crimes

44
Q

Smith v. Maryland

A

McDonough is robbed by Smith and gives a description of Smith and the Monte Carlo he was driving to police; McDonough receives threatening phone calls from Smith; police ask phone company to record the numbers dialed from the phone at Smith’s house using a pen register; pen register records calls from Smith’s to McDonough’s; police go to Smith’s and find a phone book with the page tabbed to McDonough’s number

45
Q

Smith issue

A

Did the use of a pen register without a warrant violate the 4th A protection against unreasonable searches and seizures?

46
Q

Smith holding

A

The use of a pen register without a warrant violate did not the 4th Amendment; Smith loses

47
Q

Smith reasoning

A

The numbers Smith dials are shared with a 3rd party

48
Q

What is Smith’s creative second argument and the USSC’s response?

A

Smith called from his home which is protected; the 4th Amendment protects people not places

49
Q

Wolf v. Colorado (1949)

A

Law enforcement breaks into Wolf’s office and copy medical records indicating he was conspiring to perform abortions; Wolf objected to evidence material that would be considered inadmissible in federal court

50
Q

Wolf issue

A

Were the states required to exclude illegally seized evidence from trial under the 4th and 14th Amendments?

51
Q

Wolf holding

A

The 4th Amendment now applies to the states; Wolf still loses because the courts do not provide him any remedy to exclude the evidence because USSC leaves it to states to decide

52
Q

Wolf reasoning

A

If this happened in the federal courts there would be no question that is was an illegal search

53
Q

Courts of law

A

Only hear cases where an error of law is alleged; no witnesses, juries, or testimony; strictly determine of there was an error of law (Supreme Judicial Court and Appellate Court)

54
Q

Trial Courts

A

Where trials are conducted and witness testimony is heard

55
Q

Supreme Court

A

The highest judicial court in a country or state

56
Q

Rakas v. Illinois (1978)

A

Robbery occurs, witnesses give description of a car; car is stopped; rifle shells and 2 rifles are found, everyone in the car is arrested; Rakas and other passengers claim they didn’t own car, rifles, or shells, but the evidence should still be suppressed for them

57
Q

Rakas issue

A

Did the police violate Rakas’ 4th Amendment rights by searching a car in which he was the passenger?

58
Q

Rakas holding

A

Rakas loses

59
Q

Rakas reasoning

A

Rakas did not show any legal expectation of privacy in the car, with the guns, with the ammunition; no standing

60
Q

Motion to Suppress

A

A way to exclude evidence that the police got illegally; defendant has to sign an affidavit that he/she states his/her expectation of privacy; information cannot be used against them later

61
Q

MA court structure (highest to lowest)

A

Supreme Judicial Court, Appeals Court, Superior Court, District Court

62
Q

Supreme Judicial Court (SJC)

A

The Commonwealth’s (MA) highest appellate court

63
Q

California v. Greenwood

A

Greenwood suspected of selling drugs from his home; police ask trash company to set aside the garbage Greenwood leaves at the curb; police find evidence of drug use is Greenwood’s trash, used to obtain a warrant

64
Q

Greenwood issue

A

Did the warrantless search and seizure of Greenwood’s garbage violate the 4th Amendment’s protection against unjustified search and seizure?

65
Q

Greenwood holding

A

The search and seizure of Greenwood’s garbage did not violate the 4th Amendment; Greenwood loses

66
Q

Greenwood reasoning

A

Greenwood did not have a reasonable expectation of privacy because the garbage was intended for a 3rd party and the curb is not considered curtilage

67
Q

Duncan v. Louisiana (1968)

A

Duncan, Black teen, accused of assaulting a white boy; Duncan request a jury trial, request is denied because the Louisiana Constitution grants jury trials only in cases where capital punishment OR imprisonment at hard labor is on the table

68
Q

Duncan issue

A

Is the 6th Amendment right to jury trial applicable to the states through the 14th Amendment?

69
Q

Duncan holding

A

The 6th Amendment’s right to jury trial is applicable to the states through the 14th Amendment; Duncan wins

70
Q

Duncan reasoning

A

If this happened in federal court this wouldn’t have even been a question/issue; 6th Amendment is a “fundamental bedrock” of law and inherent in the American scheme of justice, intended to protect people from the government

71
Q

United States v. Jones (2012)

A

Jones is suspected of selling drugs; police attach a GPS tracker to Jones’ car and use it to follow him for months; use the data as evidence to convict him; lower court decides to suppress the data obtained while the car was parked at Jones’ residence but allows all other data

72
Q

Jones isse

A

Does the use of a GPS tracker attached to a vehicle and the subsequent use of that GPS to monitor a vehicle’s movements on public streets constitute a search/seizure according to the 4th Amendment?

73
Q

Jones holding

A

Does the use of a GPS tracker attached to a vehicle does constitute a search; Jones wins

74
Q

Jones reasoning

A

Under the common-law trespassory test, the Government physically occupied private property for the purpose of obtaining information

Criminal Due Process (9 decks)

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