Criminal Essay

Question 1

Essay

Arrest Warrant Execution Home
Knock and Announce

Answer 1

When executing a warrant the police must “knock and announce” their purpose, and wait a reasonable time, or be refused admittance before forcibly entering the residence.

Question 2

Essay

Search with Warrant
Plain View

Answer 2

To be reasonable, police action pursuant to a warrant must be related to the objective of the warrant.
* in addition, the police may conduct a protective sweep to ensure officer safety while executing a warrant.

Plain View:
1) the police may make a warrantless seizure of evidence when they are legitimately on the premises, and

2) They have PROBABLE cause to believe that the item in plain view is evidence, contraband or a fruit or instrument of crime.

Question 3

Essay

Robbery
Nevada

Answer 3

Is the taking of personal property from another against their will be force or threat of force.

Nevada does not recognize intent to permanently deprive.

Question 4

Essay

Investigatory Detention

Answer 4

Detention:
* Occurs when a reasonable person would not feel free to leave.

• police may detain a person if they have REASONABLE SUSPICION by ARTICULABLE facts a person is involved in criminal activity.
• The detention must be brief and no longer than necessary to verify suspicion.
  = If suspicion comes from an anonymous tup, it must be accompanied with indicta of reliability to be reasonable.
• Length of Detention
  = In Nevada, an officer has 60 minutes to release or arrest a person he detains, otherwise the detention is unreasonable per se and ripens into an arrest for which probable cause is necessary.

Question 5

Search of Residence (Valid Warrant)

Answer 5

1) Based on Probable Cause
2) Describe w/ Reasonable precision the place to be searched and the item to be seized.
3) By a neutral and detach magistrate.
* The officer requesting the warrant must submit an affidavit containing sufficient fact to show probable cause.

Warrant Affidavit:
1) State probable cause for issuance, and names who support

2) The affidavit must be incorporated into the warrant by reference, physically attached to it and left at premise where warrant was served.

Question 6

5th Amendment

use and Derivative use immunity

Answer 6

Guarantee that the witness’s testimony and evidence located by means of the testimony will not be used against the witness.

• a Defendant may be compelled to answer questions if he has been given use and derivative use immunity.
• Prosecution cannot use the testimony or any evidence obtained as a result of the testimony in a prosecution against the Defendant.
• federal Prosecutors may use evidence obtained as a result of a state grant of immunity
• even though the immunity was given in the state and not federal court, the use and derivative use testimony leading to the 5th amendment implication is based on the testimony not being altered to be used in any criminal proceeding, state or federal.

Question 7

Seizure of Person

Answer 7

A police officer may stop a person on REASONABLE SUSPICION that a crime is being or was committed.
* The police must have reasonable suspicion and articulable facts as to the basis for the stop.

Question 8

Crimes Essay

Search

Answer 8

Is an intrusion into an area where a person has a reasonable expectation of privacy and generally requires a warrant.

Question 9

Thing to remember about a search warrant of a home:

Answer 9

A affidavit must be incorporated into the warrant and left at the premises with the warrant.

Question 10

Crimes

6th Amendment Rights- Co -Conspirator

Answer 10

Grants defendant the right to confront adverse witnesses.
* if a co-conspirator confession implicates his co-defendant and they are being tried together, the statement cannot be admitted unless portions about the co-defendant are eliminated.

Question 11

Crimes

14th Amendment: Due Process (Photo-Line up)

Answer 11

Protects a person against the deprivation of life, liberty and property without due process of law.

• A photo lineup will violate the due process if it unreasonable/unnecessarily suggestive and likely to result in misidentification.

Remedy:
* Is to exclude the in court identification

• however, an in-court identification supported by an independent source will cure the due process violation.
• The typical independent source is opportunity of the witness to view the defendant at the time of the crime.