Criminal Procedure

Question 1

What must a defendant be in order to assert a claim under the Fourth Amendment?

Answer 1

The alleged victim of the unreasonable search or seizure

This indicates that the defendant’s personal rights are at stake.

Question 2

Can a defendant raise the constitutional rights of a co-defendant?

Answer 2

No

Fourth Amendment rights are personal and cannot be asserted vicariously.

Question 3

True or False: Fourth Amendment rights can be asserted by a defendant on behalf of another person.

Answer 3

False

Each individual must assert their own rights.

Question 4

What does an officer need to do a Terry Stop?

Answer 4

Reasonable suspicion and articulable facts

Question 5

When questioning upon a Terry Stop, must an officer provide Miranda warnings?

Answer 5

No.