Criminal Procedure

Question 1

When does arrest occur

Answer 1

Defendant taken into custody for prosecution of interrogation

Question 2

Standard for arrest

Answer 2

Arrest must be made based on probable cause

Question 3

What is probable cause

Answer 3

Trustworthy facts or knowledge sufficient for a reasonable person to believe that the suspect has committed or is commuting a crime

Question 4

3 exceptions to not having an ARREST warrant for someone’s home

Answer 4

1. Risk defendant will escape. 2. Danger to police or any other person. 3. Defendant will destroy evidence

Question 5

How to obtain a suspect in home of 3rd party

Answer 5

1. SEARCH warrant for subject specifying location in third party home
2. Secure consent
3. Enter on 3 exceptions to normal ARREST warrant

Question 6

Standard for investigative detention

Answer 6

May only detain for investigative purposes of have reasonable suspicion of criminal acitivity supported by articulable facts

Question 7

Seizure of person standard

Answer 7

When a reasonable person would not feel free to terminate the encounter

Question 8

Standard for terry frisk

Answer 8

Reasonable suspicion that defendant is armed and dangerous

Question 9

Automobile stops standard

Answer 9

Stopping a car for traffic violation is a SEIZURE so must have reasonable suspicion of probable cause

Question 10

4 questions to ask if a SEARCH occurred

Answer 10

1. Is there a governmental agent
2. Is there a reasonable expectation of privacy
3. Did police physically intrude
4. Did defendant have standing meaning were his personal 4th amendment rights violated

Question 11

3 Requirements to a valid warrant

Answer 11

1. Approved by neutral and detached magistrate
2. Particularly describe the place to be searched and item to be seized
3. Supported by probable cause

Question 12

exceptions to the warrant requirement for searches

Answer 12

1. Exigent circumstances
2. Automobile exception
3. search Incident to ARREST
4. Consent
5. Plain View
6. Special needs
7. Terry frisks

Question 13

Standard for automobile exception to search warrant

Answer 13

Probable cause to believe that evidence or contraband found in car

Question 14

Scope of search for automobile exception search

Answer 14

Entire car that may reasonably contain the item

Question 15

Standard for search incident to arrest exception to a search without a warrant

Answer 15

Arrest is lawful (probable cause) and must be contemporaneous to the arrest.

Question 16

Scope of search for a search incident to arrest

Answer 16

Areas within the immediate control of a person including “grab zone”

Question 17

Special rule for automobile searches for searches incident to arrest

Answer 17

Limited to passenger cabin and may only search interior of defendant is unsecured or there is reason to believe that interior contains evidence for which defendant arrested

Question 18

Plain view standard

Answer 18

1. Police have lawful access to the vantage point from which they see items
2. Police have lawful access to items themselves
3. Criminality of object is immediately apparent

Question 19

Standard for special needs searches

Answer 19

Justified based on some special need separate from general interest in law enforcement.

Question 20

Standard for terry frisks

Answer 20

Reasonable suspicion that suspect armed and dangerous and dokey limited to safety

Question 21

Special rules for terry frisks for automobiles

Answer 21

1. Frisk interior of car if reasonable belief of weapon
2. Can order driver and passenger out of car without suspicion of weapon
3. Can only frisk the person if reasonable belief of weapon

Question 22

Custody standard

Answer 22

Defendant’s freedom of movement is limited to an extent that creates the same inherently coercive pressures that arise during a full station house based on an objective test

Question 23

Standard for interrogation

Answer 23

Express questioning or words or actions that the police know or should know would illicit an incriminating response

Question 24

Standard for whether an interrogation occurred

Answer 24

Defendant must know that the interrogator is working for police because otherwise the coercive atmosphere of police dominated interrogation is not present.