Criminal Law and Procedure

Question 1

Exigent Circumstances

Answer 1

Exceptions to Warrant Requirements:

(1) Evanescent Evidence (imminent threat that evidence of crime will be lost or destroyed)
(2) Emergency Situation (immediate threat of physical harm to police or public)
(3) Hot Pursuit (immediate pursuit if fleeing FELONY suspect)

Question 2

Merger of Inchoate & Completed Crimes

Answer 2

Attempt = Merges with completed crime

Solicitation = Merges with completed crime

Conspiracy = NO MERGER with completed crime

Question 3

Waiving Sixth Amendment Right of Counsel

Answer 3

Waiver must be made:

(1) Knowingly
(2) Intelligently and
(3) Voluntarily

Question 4

Can D be charged with attempt to possess stolen property if the property was not really stolen? (Eg, undercover cop sting)

Answer 4

Yes, D can still be charged even though the circumstances are not what they believe them to be, as long as D intended to possess stolen property.