Criminal Procedure

Question 1

Bill of rights is which amendments?

Answer 1

The first 10

Question 2

T/F) The BORs not directly applicable to states.

Answer 2

True. Courts use DP clause of 14A to incorporate and make BORs applicable to states.

Question 3

__ ___ clause of 14A used by courts to make some of the bill of rights applicable to states.

Answer 3

DP clause of 14A

Question 4

BORs are ___ interests that may not be taken away without due process [14A] of law.

Answer 4

liberty interests

Question 5

______ ______ : DP does not require the states to honor BORs. However, ___ ___ of rights that are of ‘fundamental importance’ helps apply As to the states.

Answer 5

Selective incorporation

Question 6

S.I. is used for what sort of rights?

Answer 6

Those that are of fundamental importance

Question 7

The ____ Amendment of the United States Constitution protects citizens from unreasonable searches and seizures by the government.

Answer 7

4A

Question 8

4A is not a gurantee against all searches & seizures, only those by FED that are what?

Answer 8

Unreasonable

Question 9

4A only applies to a space where person has…

Answer 9

REOP

Question 10

4A requires that FED must have warrant based on what?

Answer 10

Probable cause

Question 11

The Supreme Court said yes, the Fourth Amendment does apply everywhere. It protects people, not just property. Even though Katz was in a public place, he still had a right to privacy for his phone calls. The agents didn’t physically go into the phone booth, but that doesn’t matter. The only way to fully protect Katz’s rights would have been to get a warrant for the wiretap.

Answer 11

Katz v. US

Question 12

REOP test originates from what case?

Answer 12

Katz v. US

Question 13

REOP test? - From Katz

Answer 13

1. Person has REOP [subjective]
2. That expectation is reasonable [objective]

Question 14

T/F) Invasion of the privacy of a home does not have to be physical, can be electronic via monitoring equipment.

Answer 14

True

Question 15

Do business guest at the home have REOP?

Answer 15

Less so than a social guest.

Question 16

_____ privacy: The area of land around a house or dwelling counts as part of the home.

Answer 16

Curtilage privacy

Question 17

Curtilage analysis:
1.
2.
3.
4.

Answer 17

1. Proximity to dwelling
2. Enclosed?
3. What is it used for?
4. Steps taken to prevent observation?

Question 18

T/F) Cops can trespass onto open field areas [unlike curtilage areas] with no 4A violations.

Answer 18

True

Question 19

___ ___ doctrine: You have no REOP on information that is readily turned over to 3rd parties. IE: Cops can access credit card, bank, and phone records.

Answer 19

3rd party doctrine

Question 20

Is there a REOP when traveling on public roads?

Answer 20

No. US v. Knottz

Question 21

Is there REOP of the airspace above your home?

Answer 21

No.

Question 22

When can search be conducted without warrant?

Answer 22

1. PC +
2. Exigent circumstance

Question 23

3 required elements of K&A rule?

Answer 23

1. Announce Police [Identity]
2. Announce Police [purpose]
3. Allow [sufficient time] to answer / open door

Question 24

T/F) Failure to comply with K&A 3 rules may render warrant defective.

Answer 24

True!

Question 25

What is the purpose of the K&A rule as related to satisfying 4A?

Answer 25

It satisfies the “reasonableness” standard.

Question 26

Warrants must say with ______, the places, persons, etc. to be searched.

Answer 26

Peculiarity [avoids overstep of ops]

Question 27

This court held that the knock and announce rule is part of the reasonableness test required by the Fourth Amendment.

Answer 27

Wilson v. Arkansas

Question 28

The Fourth Amendment’s reasonableness requirement incorporates the common law rule that police must K&A identity+purpose before attempting forcible entry, unless?

Answer 28

Exigent circumstances exist and to do so would undermine law enforcement interest. [Flushing drugs]

Question 29

What case delivered the “automobile” exception to the warrant requirement?

Answer 29

Carroll v US

Question 30

According to CJ Rehnquist, how is probable cause analyzed?

Answer 30

Under the totatality-of-the-circumstances approach.

Question 31

The _________________ test is a legal standard that evaluates the validity of a search warrant based on an informant’s tip. It was developed by the Supreme Court in the cases Aguilar v. Texas (1964) and Spinelli v. United States (1969).

Answer 31

Aguilar-Spinelli test

Question 32

2 prongs of Aguilar-Spinelli test?

Answer 32

1. Knowledge
2. Veracity

Question 33

The Supreme Court replaced the Aguilar-Spinelli test with the _____________ approach in Illinois v. Gates (1983). The Court argued that the two-pronged test was too rigid and technical.

Answer 33

Totality of circumstances approach – CJ Rehnquist

Question 34

T/F) an “alert” by a drug-detection dog during a traffic stop provides probable cause to search a vehicle.

Answer 34

True

Question 35

How does Professor Lawton describe PC?

Answer 35

Enough [particularized] facts to lead [commonsense] ppl to believe = [Fair probability] that “fruits, instrumentalities, or evidence” of crime exist.

Question 36

_______ : Means by which crime occurred. [Weapons]

Answer 36

Instrumentalities

Question 37

______ : Stolen property is an example of this. Or money robbed from bank. _____ of a crime.

Answer 37

Fruits