Criminal Law

Question 1

Who must be doing the search?

Answer 1

Government agent (cop)

Question 2

Was there a search?

Answer 2

Search is violation of expectation of privacy
House = yes
Car = in some cases
Open field = no

Question 3

What must cop have in order to search?

Answer 3

1. Probable cause (PC)

Cop can rely on informant for pc

2. Warrant
   If you see pc and no warrant, its likely invalid.

If the info turns out to be wrong on warrant, is search still ok?

-Yes, as long as cop acted reasonably and in good faith on the info.

Question 4

Warrant

Answer 4

Neutral and detached magistrate

Facts are fresh and not out of date

Specific of person, place, and object that’s being searched.

Question 5

Once found Items

Answer 5

Once cop finds what he’s looking for, cop cannot search for other things.

Exception

• Plain view bc you’re not searching.
• Cops can do a reasonable sweep (more people) after lawful arrest if they have reasonable belief that someone else is present.

Question 6

Search without a warrant

Answer 6

-Consent
Must be voluntary
Apparent authority
If two people own property, one says yes and other says no, no
consent.

-Incident to lawful arrest
Lawful arrest
Within the wingspan (bookbag, briefcase)

-Inventory search at police station

-Exigent circumstances (emergency)
Cop saw defendant destroying evidence

-Auto exception
If police have pc the car is carrying contraband (car is doing something wrong), valid
If cop pulls someone over for speeding, must need additional information.

-Hot pursuit

-Boarder searches.
If in foreign country searching an alien, search is allowed

-Dog sniffs in a public place,
no search has been committed

Question 7

Stop and Frisk

Answer 7

Reasonable suspicion that criminal activity is afoot for stop

For frisk, cop must have additional information (seeing end of gun in shirt)

Question 8

Harmless error rule

Answer 8

If they can prove beyond a reasonable doubt that they would’ve found the evidence anyway (from another source), commission would stand.

Question 9

Miranda

Answer 9

“Custodial Interrogation”

1. Custody (custodial)
   - Means not free to leave
   - Objective test
2. Interrogation
   - police knew or should have known they’re trying to elicit a criminal response from suspect.

Question 10

After Miranda have been read

Answer 10

Suspect may volunteer statement
admissible

Waive Miranda
Based on the totality of the circumstances

Ask for lawyer
all questions must stop
Harmless error rule could apply

Question 11

Once Booked

Answer 11

-Generally, suspect has right not to self-incriminate. But you can have suspect conduct certain acts (physical evidence).

Walk (to see limp) Blood test

-Line ups Cannot be unnecessary suggestive No right to council prior to indictment.

After he’s charged, then has right to council (6th amendment)

• Right to council = After charges have been brought, presumption council did everything right. Must knowingly waive right to council.
• Co-defendants sharing council If conflict, then suspects can get another one. -Undercover cop in jail cell = violate right to council

Question 12

Jury Trial

Answer 12

• Have the right to jury trial if offense is longer than 6 months
• Juror must be cross section of community If excluded based on race = violates equal protection

State trial 6-member jury = must be unanimous

State trial 12-member jury = not have to be unanimous

Federal trial 12-member jury = must be unanimous

-Defendant has right to Speedy trial public trial unless judge has an overriding interest to close trial.