Criminal Pro (VA)

Question 1

What is the Blockburger Test?

Answer 1

The government can only prosecute an individual for violating two different statutory provisions arising from a single course of conduct if each offense requires the government to prove an element that it does not have to prove for the other offense

Question 2

What is an Alford plea?

Answer 2

permits a defendant to consent to a conviction by pleading guilty, but not admitting that they in fact committed the offense.

Question 3

What are the disadvantages of an Alford plea?

Answer 3

An Alford plea is treated the same as a guilty plea in that it is a waiver of all of the constitutional rights attached to a criminal trial, waives the right to appeal, and waives any objections to the admissibility of evidence.

Question 4

What are the advantages of an Alford plea?

Answer 4

Without an acknowledgement that the Defendant in fact committed the crime, it cannot be used as an admission by him in civil litigation.

Question 5

What is the community caretaker doctrine?

Answer 5

A police officer may enter premises without a warrant if the officer faces an emergency that threatens the health or safety of an individual or the public. This does not permit an officer to conduct a warrantless search of people’s homes.

Question 6

What must be included in an affidavit for a search warrant?

Answer 6

An affidavit must describe places, things, or persons to be searched.

Question 7

After what period of time is a search warrant void if it is not executed?

Answer 7

15 days after its issuance

Question 8

What are the rules for No-Knock warrants in Virginia?

Answer 8

Virginia prohibits the use of no-knock warrants by law enforcement officers.

Question 9

Is a motion to suppress illegally seized evidence appealable?

Answer 9

Yes, but only after a final judgment on the merits.

Question 10

Arrest warrants must:

Answer 10

1) describe the offense charged with reasonable certainty;
2) specifically name or describe the accused;
3) be directed to the appropriate officers;
4) command the person named be arrested and brought before the appropriate court; and
5) be signed by the magistrate

Question 11

No warrant is needed to arrest for misdemeanors

Answer 11

1) not committed in the presence of police when motor vehicles are involved;
2) for shoplifting when the officer has probable cause based upon the complaint of an eyewitness;
3) when the officer receives a telephone or radio message that there is a warrant on file for the offense;
4) when the police receive an electronic message describing a suspect
5) where the police have reasonable grounds to believe that a person committed an assault and battery against a family or household member;
6) when made by a correctional officer in relation to a prisoner escape

Question 12

What does it mean to be in custody?

Answer 12

If a reasonable person with like age, mental and physical condition, intellect, etc., as the suspect would believe that they are not free to go.

Question 13

Are confessions resulting from illegal arrests or searches admissible?

Answer 13

No, they are inadmissible.

Question 14

What is the harmless error test?

Answer 14

A conviction will not be overturned for erroneous admission of an involuntary confession if the government can show that there was other overwhelming evidence of guilt.

Question 15

What are the general requirements for a search to be “reasonable”?

Answer 15

1) There must be a valid search warrant (there are exceptions), and
2) The search must be based on probable cause

Question 16

What is probable cause?

Answer 16

Probable cause is based on facts from which a reasonable person would conclude that there is a “fair probability” that a crime occurred or that evidence of the crime will be found

Question 17

Is hearsay admissible for determining probable cause?

Answer 17

Yes

Question 18

When considering whether there is probable cause, how is the sufficiency of an informant’s tip determined?

Answer 18

By the totality of the circumstances and rests on corroboration by the police of enough of the informant’s information to allow the magistrate to make a “common sense practical” determination that probable cause exists.

Question 19

What are the two core requirements for a facially valid search warrant?

Answer 19

1) Probable Cause, and
2) Particularity

Question 20

What must a warrant describe with particularity?

Answer 20

The items to be searched and items to be seized. If it does not, the warrant is unconstitutional, even if the underlying affidavit gives such detail.

Question 21

The magistrate who issues the warrant must be

Answer 21

neutral and detached ( a state attorney general is not neutral).

Question 22

What items are subject to seizure?

Answer 22

1) Contraband
2) Fruits of crime
3) Instruments of crime
4) Evidence that a crime was committed or that a particular person committed it

Question 23

Are police authorized to detain and search persons found on searched premises?

Answer 23

A warrant for contraband authorizes the police to detain occupants of the premises during the search, but a search warrant does not authorize the police to search persons found on the premises who were not named in the warrant. (exceptions: Terry pat down for weapons)

Question 24

A search warrant issued on the basis of an affidavit will be held invalid if the defendant establishes ALL 3 of the following:

Answer 24

1) A false statement was included in the affidavit by the officer applying for the warrant;
2) The officer intentionally or recklessly included the false statement; and
3) The false statement was material to the finding of probable cause

Question 25

What constitutes a search?

Answer 25

A search is a governmental intrusion into an area where a person has a reasonable and justifiable expectation of privacy.

Question 26

What are the warrantless search exceptions?

Answer 26

SPACES
1) Search Incident to a Lawful Arrest (SILA)
2) Plain View
3) Automobile
4) Consent
5) Exigent Circumstances
6) Special Needs

Question 27

What is the Plain View Doctrine?

Answer 27

A law enforcement officer may conduct observations and seize items if:

1) The police didn’t violate 4th Amendment to arrive at the place from which they observed item to be searched or seized;
2) see such evidence in plain view; and
3) It was immediately apparent that the item was evidence of the crime or contraband

Question 28

Who has authority to consent to a search?

Answer 28

Any person with an apparent equal right to use or occupy the property.
1) Someone with actual authority
2) Someone with apparent authority (reasonably believed by police to have access)

Question 29

What is the automobile exception to warrantless searches?

Answer 29

If the police have probable cause to believe that a vehicle contains fruits, instrumentalities, or evidence of a crime, they may search the whole vehicle and any container that might reasonably contain the item for which they had probable cause to search.

Question 30

Can the police search a vehicle located in the curtilage of a suspect’s home under the automobile exception to the warrant requirement?

Answer 30

No, the police need a warrant.

Question 31

What are the four ways an automobile might be searched without a warrant?

Answer 31

1) Automobile Exception to a search warrant
2) SILA
3) Terry Stop
4) Inventory Search (Special Needs)

Question 32

What is the exigent circumstance warrant exception?

Answer 32

Police can effect a warrantless search or seizure , including entry into a private dwelling, if they reasonably conclude that quick action is necessary to prevent harm to people or destruction of evidence.

Question 33

What is the scope of a search incident to a lawful arrest?

Answer 33

Police may search:
1) the person of the arrestee
2) Areas into which the person might reach to obtain weapons or destroy evidence (“wingspan”)

Question 34

When can police search an automobile incident to arrest without a warrant?

Answer 34

Only if at the time of the search:
1) the arrestee is unsecured and still may gain access to the interior of the vehicle; or
2) the police reasonably believe that evidence of the offense for which the person was arrested may be found in the vehicle

Question 35

Police may make an inventory search as long as

Answer 35

they follow an existing department policy

Question 36

What is a Terry stop?

Answer 36

Police may stop a person without probable cause for arrest if they have an articulable and reasonable suspicion of criminal activity.

Question 37

What is a Terry frisk?

Answer 37

A pat down of the outer clothing and body to check for weapons

Question 38

Is evidence obtained from a Terry frisk admissible?

Answer 38

Yes. During a pat down, an officer may reach into the suspect’s clothing and seize any item that the officer reasonably believes, based on “plain feel” is a weapon or contraband.

Question 39

If a vehicle is properly stopped for a traffic violation and the officer reasonably believes that a driver or passenger may be armed and dangerous, the officer may:

Answer 39

1) Conduct a frisk of the suspected person, and
2) search the vehicle as long as it is limited to the areas in which a weapon may be placed

Question 40

What is the evidentiary standard for a terry frisk?

Answer 40

a reasonable suspicion supported by specific and articulable facts that suspect is armed and dangerous. It is justified by a concern for officer’s safety only.

Question 41

What is the evidentiary standard for a terry stop?

Answer 41

a reasonable suspicion supported by specific and articulable facts that criminal activity is afoot.