Criminal Procedure

Question 1

The Fourth Amendment protects against:

Answer 1

Unreasonable searches and seizures

Question 2

A person has standing to raise a Fourth Amendment challenge if:

Answer 2

He has a reasonable expectation of privacy in the thing searched or seized

Question 3

Fourth Amendment applies to:

Answer 3

Searches and seizures conducted by government agents in areas where the complaining individual has a REP

• An agent usually needs a warrant
• Exceptions: exigent circumstances, search incident to arrest, consent, automobile exception, plain view, inventory searches, special needs, Terry stop/frisks

Question 4

Plain View

Answer 4

If officers are lawfully in a position from which they view an object, if its incriminating character is immediately apparent, and if the officers have lawful right to access to it, they MAY SEIZE WITHOUT WARRANT

Question 5

Terry Stops and Frisks

Answer 5

Fourth Amendment permits detention of an individual for a brief period of time if the police have REASONABLE, ARTICULABLE SUSPICION that the individual has bee recently involved in criminal activity

Question 6

If a confession is at issue, what are the important constitutional provisions to consider?

Answer 6

Fourteenth amendment, Sixth amendment, Fifth amendment

Question 7

Anything other than an unequivocal request for counsel will:

Answer 7

Not be sufficient to invoke one’s Fifth Amendment Miranda Rights

Question 8

Officers are virtually never required to tell D that:

Answer 8

A lawyer is trying to contact him

Question 9

Fourteenth Amendment - voluntariness under Due Process Clause

Answer 9

Standard for excluding a confession under the DPC is:

(1) whether the police subjected the suspect to coercive conduct and
(2) whether the conduct was sufficient to overcome the will of the suspect

*Neither the confession or fruits of confession will be admitted if violated

Question 10

Sixth Amendment - Right to Counsel

Answer 10

Sixth Amendment, as applied to the states through the Fourteenth Amendment, provides that the accused has the right to have assistance of counsel for his defense

• Attaches when judicial proceedings have begun and applies to all critical states of the prosecution after formal charges are filed
• Once attached, any attempts to deliberately elicit an incriminating statement about the offense that the D was charged with, in absence of counsel or a knowing, intelligent, and voluntary waiver, violates Sixth Amendment

Question 11

Fifth Amendment - Right to Counsel and Right to Remain Silent

Answer 11

Officers are required to read Miranda warnings to a suspect when the suspect is subjected to a custodial interrogation

• Warnings are not required if the questions are intended to immediately protect public safety

Question 12

When is a suspect in CUSTODY for purpose of Fifth Amendment?

Answer 12

When there is a formal arrest OR a restrain on freedom of movement to the degree associated with a formal arrest

*Reasonable person would not feel free to leave

Question 13

When is a suspect being INTERROGATED for purposes of Fifth Amendment?

Answer 13

Questioning by officers or any words or actions that the officers should know are reasonably likely to lead to an incriminating response from the suspect

Question 14

Valid Miranda Waiver

Answer 14

Can only be made after Miranda warnings are given

• Suspect must make a knowing, intelligent, and voluntary waiver (low bar)

Question 15

Valid Miranda Invocation

Answer 15

For both the right to remain silent and the right to counsel, the suspect must be EXPLICIT, UNAMBIGUOUS, and UNEQUIVOCAL in making the request

Question 16

If there is a Fifth Amendment violation:

Answer 16

Statements are excluded from the prosecutor’s case in chief

• Physical fruits are not excluded if the statements were made voluntarily