Criminal Procedure

Question 1

Exclusionary Rule

Answer 1

bars evidence or confessions that are obtained in violation of the 4th and 14th amendments from being presented at trial

does not apply to grand jury proceedings

Question 1

“Hot Pursuit”

Answer 1

Police may use any force reasonable under the circumstances, including deadly force, to stop a fleeing suspect who may be endangering innocent bystanders. Police may also enter and search a private dwelling (including 3rd party) when in reasonable pursuit of a fleeing suspect.

Question 2

Terry stop

Answer 2

Police may legally stop a person without probable cause if they have reasonable and articulable suspicion of criminal activity

Question 3

Scope of Terry frisk

Answer 3

Limited to the defendant’s outer clothing

Question 4

Plain feel doctrine

Answer 4

During a Terry frisk, an officer may reach inside the defendant’s clothing and seize any item that the officer reasonably believes is a weapon or contraband based on its plain feel

Question 5

Terry frisk

Answer 5

At the time of a Terry stop, if the officer reasonably believes the person may be armed and dangerous, they are authorized to conduct a protective frisk to locate any weapon that may endanger the officer’s safety

Question 6

Totality of the circumstances test

Answer 6

used to determine whether the seizure of a person has occurred

Question 7

Seizure of a person

Answer 7

Occurs where a reasonable person believes they are not free to leave (in custody) and where a reasonable person would feel free to decline an officer’s request and terminate the encounter