Criminal Law and Procedure - Barbri Flashcards
Whether a seizure occurs depends on what?
Whether, under the totality of the circumstances, a reasonable person would feel free to decline the officers’ requests or otherwise terminate the encounter.
Does an officer boarding a bus constitute a seizure of the person?
No, so long as a reasonable person would believe that he was free to leave.
Is a search valid under the Fourth Amendment with consent?
Yes, provided it is voluntary and intelligent.
A person in custody must be informed that:
- he has the right to remain silent;
- anything he says can be used against him in court; and
- if he cannot afford an attorney, one will be appointed to him if he so desires.
What is the holding of Payton v. New York?
There, the Supreme Court held that, absent an emergency, a forcible, warrantless entry into a residence for the purpose of making a felony arrest is an unconstitutional violation of the Fourth Amendment as made applicable to the states by the Fourteenth Amendment.
What is battery?
An unlawful application of force to the person of another resulting in either bodily injury or an offensive touching
When does mistake of fact affect criminal guilt?
Only if it shows that the defendant did not have the state of mind required for the crime.
Will a conviction be overturned merely because improperly obtained evidence was admitted at trial?
No, not necessarily
When may a police officer use deadly force when chasing a fleeing felon?
A police officer may use deadly force to apprehend a fleeing felon when the felon threatens death or serious bodily harm and deadly force is necessary to prevent his escape.
Can a police officer use deadly force to apprehend an unarmed, nondangerous felon?
No!
What is use of a deadly weapon in the commission of a battery?
Aggravated battery
What is necessary for a person to use deadly force in self-defense?
A person must reasonably believe that he is faced with imminent death or great bodily harm.
What is necessary for a search based on a search warrant to be constitutionally valid?
The warrant must be based on probable cause and must describe with reasonable precision the place to be searched and the items to be seized.
Does a search warrant authorize the police to search persons found on the premises who are not named in the warrant?
No. However, if the police have probable cause to arrest a person discovered on the premises to be searched, they may conduct a warrantless search of her incident to the arrest.
If a person is NOT named in the warrant, and circumstances justifying an arrest of that person do NOT exist, the police may search her person for the objects named in the search warrant only if…
They have probable cause to believe that she has the named objects on her person