Criminal Procedure

Question 1

Appeals

Answer 1

Any aggrieved party may appeal to the court of appeals from a final conviction in a criminal case

Question 2

Search

Answer 2

Generally, a person’s home can be searched only pursuant to a warrant, but a warrant is not required if

Question 2

Spousal Privilege

Answer 2

In criminal cases, spouses are allowed to testify

They may also be compelled to testify on behalf of each other

A spouse has a privilege against being compelled to testify as a witness against the other except in three situations (present in facts?)

(1)

(2)

(3)

The privilege belongs to the testifying spouse

Question 3

Consent to Search Home

Answer 3

Consent can come from the owner or occupier of the residence, or any person with an apparent equal right to occupy or use the property

A search is valid even if it turns out that the person consenting to the search did not actually have such right, as long as the police reasonably believed that the person had the authority to consent

Question 3

Standing

Answer 3

To object to an illegal search and seizure under the Fourth Amendment, the individual raising the claim must have standing (i.e., reasonable expectation of privacy)

Based on the totality of the circumstances

Question 4

Search and Seizure “Dismissal” Motion

Answer 4

There is no basis to dismiss the case even if there was a 4th Amendment violation

The proper remedy is to suppress the evidence, not dismiss the charges

The court may voluntarily dismiss some charges if some evidence is suppressed

Question 5

Terry Stop

Answer 5

A police officer may stop a suspect based on reasonable articulable suspicion that the suspect has committed or is committing a crime

Same principle allows stops of vehicles

Question 6

Search Incident to Arrest

Answer 6

After placing a suspect under arrest, an officer may search the car that the suspect was in if the officer had probable cause to believe that the car may contain evidence of the crime for which the arrest was made

Question 6

Automobile Exception

Answer 6

If police have probable cause to believe that a vehicle, such as automible, contains contraband or fruits, instrumentalities, or evidence of a crime, they may search the vehicle without a warrant

The search may extend into any part of the automobile for which the police have probable cause to search, including the trunk and locked compartments

Question 7

Voluntary Confession

Answer 7

(1) Statement is voluntary; and (2) Does not violate Miranda (statement not in response to “interrogation”

The 5th Amendment does not preclude evidentiary use of a statement that was volunteered, and that was not in response to any police questioning

Question 8

Refusal of Breathalyzer Test

Answer 8

Under VA code, a person arrested for drunk driving may refuse the test and his refusal may not be admitted against him on drunk driving charge except to refute a defense based on the absence of a chemical test

The refusal also would be admissible in a separate trial on the charge of refusing to submit to a breathalyzer test

Question 9

Miranda

Question 10

Probable Cause

Answer 10

Probable Cause is present when, at the time of arrest, the officer has within his knowledge reasonably trustworthy facts and circumstances sufficient to warrant a reasonably prudent person to believe that the person to be arrested has committed or is committing a crime

Probable cause is judged by the totality of the circumstances

Question 11

Plain View Exception

Answer 11

Under Plain view exception to the warrant requirement, police may seize illegal items which they observe in their plain view so long as they have the right to be where they observe the items and that it is immediately apparent to them that the items are contraband