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AB Worksheets > Criminal Law _ CRIM PRO > Flashcards

Criminal Law _ CRIM PRO Flashcards

1
Q

Definition – Government Action Requirement

SEARCH & SEIZURE

A

Search & Seizure must be made by a government agent or at the direction of the government

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2
Q

Definition – Search

SEARCH & SEIZURE

A

A government search of a location with a reasonable expectation of privacy

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3
Q

Open Fields Doctrine:

SEARCH & SEIZURE

A
  • Open areas with no expectation of privacy
  • Not a search
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4
Q

Definition – Probable Cause

SEARCH & SEIZURE

A

A reasonable person would conclude it is more probable than not that a crime has taken place

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5
Q

Hypo: A cop has probable cause that Jon has cocaine in his closet. Can the cop enter Jon’s house to search for the cocaine?

SEARCH & SEIZURE

A

If the cops enter Jon’s house without a warrant and finds cocaine, it will be inadmissible

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6
Q

Definition – Warrant Requirement
( ____ ) Must be pursuant to a warrant

SEARCH & SEIZURE

A

Generally, searches must be pursuant to a warrant

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7
Q

Elements of a Warrant:

SEARCH & SEIZURE

A

1) Issued by detached magistrate
2) Facts must be fresh
3) Persons/Places must be specific
4) Cannot exceed the scope

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8
Q

AdaptiTip

Typically police must ( ____ ) but a search will still be valid if they have a warrant

SEARCH & SEIZURE

A

Typically police must “Knock and Announce” but a search will still be valid if they have a warrant

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9
Q

Informants

SEARCH & SEIZURE

A
  • Police can rely on informants for probable cause
  • To find if an informant is reliable, look to the totality of the circumstances
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10
Q

Plain View:

SEARCH & SEIZURE

A
  • Police can seize what is in plain view during a lawful search

Example:
o Police in your house with a warrant see marijuana
cigarettes on the stairs

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11
Q

Illegal Search:

SEARCH & SEIZURE

A
  • Will NOT automatically dismiss indictment
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12
Q

Protective Sweep

SEARCH & SEIZURE

A
  • Search for additional criminals
  • Allowed for safety with proof of others present
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13
Q

Consent

EXCEPTIONS TO THE WARRANT RULE

A
  • One who has control/apparent authority over the property
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14
Q

Co-occupant Consent:

EXCEPTIONS TO THE WARRANT RULE

A
  • A present co-occupant can refuse
  • A non-present co-occupant cannot refuse
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15
Q

Search Incident to Lawful Arrest:

EXCEPTIONS TO THE WARRANT RULE

A

1) Arrest must be lawful
2) Search of person/wingspan

Examples:
o Briefcase
o Pockets

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16
Q

Arrest of a Car Occupant:

EXCEPTIONS TO THE WARRANT RULE

A

Police may search passenger compartment IF:
1) Occupant is unsecured
2) Reasonable belief of evidence of CRIME OF
ARREST

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17
Q

Inventory Search:

EXCEPTIONS TO THE WARRANT RULE

A
  • After arrest at the police station, police can search the person/car
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18
Q

Exigent Circumstances:

EXCEPTIONS TO THE WARRANT RULE

A
  • Reasonable belief evidence may be lost or destroyed
  • Exception to the Warrant Rule

Do not pick an exigent circumstance answer choice unless there are exigent circumstances discussed in the facts, even though it may legally be correct, it is the wrong answer

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19
Q

Automobile Exception:

Illegal Automobile Stop –
No Traffic Violation:

EXCEPTIONS TO THE WARRANT RULE

A
  • If there was no reason to pull the car over, nothing found is admissible
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20
Q

Automobile Exception:

Legal Automobile Stop –
Traffic Violation:

EXCEPTIONS TO THE WARRANT RULE

A
  • Police cannot search the car
  • Unless some evidence of other crimes

During a stop for a traffic violation, police cannot search the car, glove box, or trunk unless there is evidence of another crime

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21
Q

Automobile Exception:

Automobile Stop – Probable Cause:

EXCEPTIONS TO THE WARRANT RULE

A
  • Police may search entire car if probable cause the car is carrying contraband
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22
Q

Boarder Search:

EXCEPTIONS TO THE WARRANT RULE

A

* No warrant necessary

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23
Q

Search Outside United States:

EXCEPTIONS TO THE WARRANT RULE

A
  • US officials may search you on foreign land
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24
Q

Dog Sniff:

EXCEPTIONS TO THE WARRANT RULE

A
  • NOT a search in a public place
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25
Q

Stop & Frisk:

EXCEPTIONS TO THE WARRANT RULE

A
  • STOP: Reasonable suspicion** **criminal activity is afoot
  • FRISK: Reasonable belief** person is **armed & dangerous
26
Q

Automobile Checkpoints:

EXCEPTIONS TO THE WARRANT RULE

A
  • Checkpoints allowed with generic, uniform method for stop
27
Q

AdaptiTip
If a question asks what is the best argument for admitting the evidence, look for { ____ }

EXCEPTIONS TO THE WARRANT RULE

A

AdaptiTip
If a question asks what is the best argument for admitting the evidence, look for one of the exceptions

28
Q

Miranda Elements:

MIRANDA

A

1) Custody
2) Interrogation

29
Q

Definition – Custody

MIRANDA

A

Reasonable person would not feel free to leave

AdaptiTip
You don’t need to be handcuffed to be in custody

30
Q

Definition – Interrogation

MIRANDA

A

Police attempting to a elicit criminal response

31
Q

AdaptiTip
Do the police need to give Miranda warnings IMMEDIATELY?

MIRANDA

A

The police do not need to give Miranda warnings immediately

32
Q

Volunteered Statements:

MIRANDA

A
  • No Miranda required if suspect volunteers information
33
Q

Miranda Warnings:

MIRANDA

A

1) Right to remain silent
2) Anything said can be used against you
3) Right to an attorney
4) If you cannot afford one, one will be provided

34
Q

Invoking Right to Counsel:

MIRANDA

A
  • If you request a lawyer, all questioning must STOP
35
Q

Waiver of Miranda Rights:

MIRANDA

A
  • Knowingly & Voluntary
  • Totality of Circumstances
36
Q

Right Against Self-Incrimination:

MIRANDA

A
  • Never required to testify
  • May be required to perform physical acts
  • Cannot be forced to make statements

Examples:
o Walk with a limp
o Put on the glove

37
Q

Lineups & IDs:

MIRANDA

A
  • Cannot be unnecessarily suggestive
  • Totality of Circumstances

Examples:
o The only tall guy
o The only guy with a beard
o The only guy with gray hair

38
Q

Lineups

RIGHT TO COUNSEL

A
  • NO right to counsel PRIOR to Indictment
  • Right to counsel AFTER Indictment
39
Q

Foundation for Rights:

RIGHT TO COUNSEL

A
  • Fifth Amendment Right BEFORE charges or Indictment
  • Sixth Amendment Right AFTER formal charges
40
Q

Right to Effective Counsel:

RIGHT TO COUNSEL

A

1) Did lawyer deviate from the norms
2) Reasonable probability the outcome would have been different

41
Q

Waiver of Right to Counsel:

RIGHT TO COUNSEL

A
  • Must Knowingly waive
42
Q

Timing

RIGHT TO COUNSEL

A
  • Defendant has a right to Counsel at all CRITICAL STAGES of prosecution
43
Q

Just memorize this LMFAOOOOO

RIGHT TO COUNSEL

A
44
Q

AdaptiTip
Generally, the critical stages are {PRE or POST} -indictment

RIGHT TO COUNSEL

A

Generally, the critical stages are post-indictment

45
Q

Shared Counsel:

RIGHT TO COUNSEL

A
  • Co-defendants can share counsel unless conflict arises
46
Q

Undercover Officer in Jail Cell:

RIGHT TO COUNSEL

A
  • Violates Right to Counsel
  • Not Miranda
47
Q

Guilty Plea:

RIGHT TO A FAIR TRIAL & PLEAS

A
  • Entered Voluntarily & Intelligently
48
Q

Severance

RIGHT TO A FAIR TRIAL & PLEAS

A
  • If two defendants are tried together, one can sever for Unfair Prejudice
49
Q

Impartiality

RIGHT TO A FAIR TRIAL & PLEAS

A
  • Right to UNBIASED Judge
50
Q

Competency

RIGHT TO A FAIR TRIAL & PLEAS

A
  • Defendant must be competent to understand charges
  • Defendant may be medicated
51
Q

Jury Trial Rights:

RIGHT TO A FAIR TRIAL & PLEAS

A
  • Sentence is longer than 6 months
  • Jury is a cross-section of community
  • State trial by 6 members must be unanimous
  • State trial by 12 members need not be
    unanimous
  • Federal trial by 12 members must be
    unanimous
  • Exclusion of a juror based on race/gender
    violates Equal Protection
52
Q

Right to Public Trial:

RIGHT TO A FAIR TRIAL & PLEAS

A
  • Press may attend UNLESS overriding interest to close trial
  • Does not apply to Grand Jury
53
Q

Right of Confrontation:

RIGHT OF CONFRONTATION

A
  • Right to confront & cross-examine all witnesses
54
Q

Co-defendant Confessions:

RIGHT OF CONFRONTATION

A
  • A** co-defendant’s confession** can only be used against the other if available to testify
55
Q

Right to Confront Out-of-Court Statements:

RIGHT OF CONFRONTATION

A
  • Testimonial Statements are inadmissible
  • Non-testimonial Statements are admissible

NOTE:
Definition – Non-Testimonial Statements
Made during an emergency

56
Q

Prosecution’s Burden:

PROCEDURAL RIGHTS

A
  • Must prove all elements BEYOND A REASONABLE DOUBT
57
Q

Defendant’s Burden:

PROCEDURAL RIGHTS

A
  • Must prove a defense by PREPONDERANCE OF THE EVIDENCE
58
Q

Presumptions

PROCEDURAL RIGHTS

A
  • NO Mandatory Presumptions in criminal cases
  • Violates Due Process
59
Q

Complete this:

AdaptiTip
During jury instructions, elements of a crime must be proven by the {PROSECUTION or DEFENSE} & elements of a defense must be proven by the {PROSECUTION or DEFENSE}

PROCEDURAL RIGHTS

A

During jury instructions, elements of a crime must be proven by the prosecution & elements of a defense must be proven by the defendant

60
Q

Grand Jury:

PROCEDURAL RIGHTS

A
  • Accused has no right to be present
  • Exclusionary Rule does NOT apply
  • Witness has NO Right to Counsel **INSIDE the room
61
Q

Double Jeopardy:

A
  • Cannot be tried for the same crime twice
  • Does not apply to anything BEFORE first trial

Example:
o Grand jury
o Preliminary hearings

62
Q

Jeopardy Attaches:

A
  • Jury Trial: Jury is sworn in
  • Bench Trial: First witness is sworn in

AB Worksheets (33 decks)

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