Criminal Procedure

Question 1

Criminal procedure
Seizure
Arrest

Answer 1

• when under the circumstances, a reasonable person would feel that he was not free to decline officer’s requests or terminate
• arrest - when in custody for purposes of prosecution or interrogation

Question 2

Criminal procedure

Stop and frisk

Answer 2

• if reasonable suspicion that involved
• if reasonable suspicion may be armed and dangerous, may frisk
• Must act in a diligent and reasonable manner in confirming or dispelling suspicions

Question 3

Criminal procedure

search of persons while executing warrant

Answer 3

• Police may detain occupants of the premises during search, but may not search persons not named in warrant

Question 4

Criminal procedure

searches not requiring warrant

Answer 4

1. Incident to proper arrest
   - area where he may reach or for accomplices if believe may be present
2. automobiles - if reasonably believe evidence of the offense for arrest may be found.
3. Incident to incarceration or impounding
4. Plain view - warrantless seizure - legally where he is, have p.c. to believe the item is contraband or evidence
5. ## Consented to search
6. stop and frisk - articulable and reasonable suspicion

Question 5

Criminal procedure

confessions

Answer 5

• Once proceedings have begun, cannot deliberately elicit incriminating statement.
• statement in violation of Sixth amend. right to counsel not admissible in case-in-chief, but may be used to impeach
• right to counsel in Miranda is fifth amendment right to be free from compelled self-incrimination; not sixth amend. protection

Question 6

Criminal procedure

Interrogation

Answer 6

• Words or conduct that police should know is likely to elicit a response from a detainee
• Waiver must be knowing and voluntary
• Explicit, unambiguous assertion of right must honor
• unambiguous wish for counsel, questioning must cease, 14 days later can try again