Criminal Procedure

Question 1

Fourth Amendment

Answer 1

unreasonable search and seizures

Question 2

Seizures

Answer 2

: when an officer by physical contact or show of authority intentionally terminates or restrains persons freedom of movement

whether a reasonable person would feel free to disregard officer and leave

Question 3

Terry Stop

Answer 3

• Officer has reasonable suspicion based on articulated facts to believe suspect is or about to be engaged in criminal activity
  1. More than vague suspicion, but less than probable cause

pat down for weapons

Question 4

if Terry stop is unlawful but probable cause develops

Answer 4

there can be a lawful arrest and evidence can be used

Question 5

Arrest standard

Answer 5

probable cause

Question 6

Warrantless arrest

Answer 6

• OK if in public place if crime committed in presence or based on probable cause to believe felony committed
  1. Only felony if not in presence of officer
• Only inside house if
  1. Exigent circumstances – felony hot pursuit or danger to others
  2. Consent to enter

Question 7

search incident to arrest

Answer 7

(i) Exception to rule – can be used against person
(ii) Lawful arrest permits officers to make a contemporaneous search of person and immediate surrounding areas
* To protect from weapons/dangers
* Precent destruction/concealment of evidence
(iii) Street: wingspand
(iv) Home: D and surrounding area
(v) Car: passenger compartment if D has access to vehicle at time
* No search after put in squad car

Question 8

traffic stops

Answer 8

• Must have reasonable suspicion to stop a car
  1. May pat down for weapons if reasonable suspicion weapons

Question 9

traffic checkpoints

Answer 9

• Checkpoints: no need for RS if they pull over everyone, designed serve purpose closely related to particular problem pertaining to automobiles
  1. NOT seeking incriminating info from drivers, special law enforcement needs

Question 10

Searches

Answer 10

cannot be a violation of an individual’s reasonable expectation of privacy by the government

Question 11

Places with reasonable expectation of privacy

Answer 11

(i) Home
(ii) Hotel room
(iii) Office
(iv) Luggage
(v) Backyard/curtilage of home

Question 12

Places without reasonable expectation of privacy

Answer 12

(i) Public streets
(ii) Open fields
(iii) Garage cans
(iv) Abandoned property
(v) Cell

Question 13

Search warrant reqs

Answer 13

(i) PC & particularity  needed in places where REOP
(ii) Requirements
* (1) neutral magistrate; (2) PC fruit, instrumentalities or evidence of crime; (3) describe property and place with particularity

Question 14

Expectations for search warrants

Answer 14

• search incident to valid arrest: immediate area (passenger compt car)
• administrative search of highly reg industry: admin regs
• stop and frisk: RS – weapons or contraband
• plain view: lawfully present and see in plain view (or smell)
• automobile exception: PC if contraband in car even without arrest – whole vehicle
• consent – voluntary and apparent authority to consent
• exigent circumstance – hot pursuit or immediate danger
• special government purpose

Question 15

5th amendment

Answer 15

interrogatories and self incrimination
Miranda warnings