Criminal Procedure

Question 1

Seizure - definition

Answer 1

any exercise of control by a government agent over a person

occurs when a RP would not feel free to decline an officer’s requests

Question 2

Arrest - definition

Answer 2

when police take a person into custody against their will for criminal prosecution or interrogation

Question 3

4A Requirements for an Arrest

Answer 3

• Probable cause = trustworthy facts/knowledge sufficient for a RP to believe a suspect has committed or is committing a crime for which arrest is authorized under law
• Based on a totality of the circumstances
• A warrant is required for a nonemergency arrest of a person in their home

Question 4

Investigatory Detentions - Requirements

Answer 4

-Police must have a reasonable suspicion of criminal activity
-Supported by articulable facts
+If have reasonable suspicion, can frisk detainee

Question 5

Automobile Stops - Requirements

Answer 5

-Reasonable suspicion to believe a law has been violated (even if pretextual)
Note: a dog sniffing is not a search

Question 6

Automobile Checkpoints/Roadblocks - Requirements

Answer 6

• Stop cars based on neutral, articulable standards

- Must be designed to serve purposes closely related to a particular problem for automobiles

Question 7

4A Standing - where people have a reasonable expectation of privacy

Answer 7

• If own/have a right to possess the place searched
• If place searched is their home
• If person is an overnight guest of the owner of the place searched

Question 8

Requirements for a valid search warrant

Answer 8

probable cause

particularity

Question 9

Requirements to hold a search warrant on the basis of an affidavit invalid

Answer 9

1. false statement was included in the affidavit by the affiant
2. affiant intentionally or recklessly included the false statement
3. the false statement was material to the finding of probable cause

Question 10

Primary exceptions to warrant requirement (6)

Answer 10

Incident to constitutional arrest
Automobile
Plain View 
Consent
Stop and frisk
Hot pursuit/evanescent evidence/emergency aid

Question 11

Warrant exception: search incident to constitutional arrest

Answer 11

1. valid arrest
2. contemporaneous in time and place
3. can search the person and their wingspan

Glove compartment: can search if the arrestee is unsecured and can still gain access OR reasonably believe evidence of the offense arrested for is in the vehicle

Question 12

Warrant exception: automobile

Answer 12

• Probable cause to believe that the automobile contains the fruits, evidence, or instrumentality of a crime
• Can search the whole vehicle (in relation to what expect to find)

Question 13

Warrant exception: plain view

Answer 13

• Police have a right to be where they are
• See evidence, fruits, or instrumentalities of a crime
• In plain view
• Have probable cause to believe it is evidence, contraband, fruit, instrumentality

Question 14

Warrant exception: stop and frisk

Answer 14

STOP: Articulable and reasonable suspicion of criminal activity
FRISK: Can pat down outer clothing, seize any item that an officer reasonably believes is contraband based on its “plain feel”

Automobile: if a vehicle is stopped for a traffic violation, and officer reasonably believes a driver/passenger is armed and dangerous; can (1) conduct a frisk of person + (2) search the vehicle

Question 15

6th Amendment Right to Counsel

Answer 15

After judicial proceedings have begun
Right to counsel in all critical stages of a criminal prosecution
-Offense-specific; can be waived knowingly and voluntarily

Question 16

Miranda warnings - when required + relevant definitions

Answer 16

Under 5A, required prior to a custodial interrogation

Custody: 1) would a reasonable person feel free to terminate/leave? 2) does the environment present the same coercive pressures as station house questioning?

Interrogation: is the conduct likely to elicit an incriminating response?

Question 17

Miranda - what must police do if invoke right to remain silent/attorney?

Answer 17

Right to remain silent: police must scrupulously honor request and cannot badger. May later resume questioning on another crime.

Right to attorney: police must scrupulously honor request. All questioning must cease until attorney present or suspect reinitiates.

Question 18

Exclusionary rule - definition

Answer 18

-Prohibits introduction of evidence in violation of a defendant’s 4, 5, 6A rights , as well as any evidence from the exploitation of the unconstitutionally obtained evidence (fruits of poisonous tree)

Question 19

Exceptions to fruit of the poisonous tree doctrine (5)

Answer 19

Fruits from statements obtained in violation of Miranda warnings
Evidence obtained from an independent source of the illegality
Evidence obtained due to intervening acts of free will by the defendant (remote causal connection between illegality + obtaining)
Evidence that would have been inevitably discovered
Violations of knock and announce rule

Question 20

Speedy Trial right - factors considered, when attaches

Answer 20

LRAP
Length and reason for delay
Whether defendant asserted the right
Prejudice to the defendant

Attaches: once the defendant has been arrested/charged

Question 21

Right to public trial - pretrial proceedings vs. trial

Answer 21

Pretrial: presumptively open, but suppression hearings may be closed under limited circumstances
Trial: press and public have a 1A right to attend

Question 22

Right to jury trial: length of sentence

Answer 22

More than 6 months’ prison sentence authorized

Question 23

Right to jury: number of jurors

Answer 23

Minimum 6, unanimous verdict

Question 24

Right to counsel: 5A vs. 6A

Answer 24

5A: Before charges, right to an attorney for questioning
6A: After charges, offense-specific

Question 25

Double Jeopardy rule

Answer 25

A defendant can’t be retried for the same offense once it is attached

• jury trial: once jury is empaneled/sworn
• bench trial: once first witness is sworn
• juvenile: no criminal trial for same offense

Question 26

Double Jeopardy exceptions (5)

Answer 26

• hung jury
• manifest necessity to abort first trial
• defendant appeals conviction by right or based on WEIGHT OF EVIDENCE
• defendant breaches plea deal
• defendant elects for separate trials

Question 27

Standard to defective assistance of counsel

Answer 27

1) deficient counsel

2) but for the deficiency, the proceeding would differ (standard = reasonable probability)