Criminal Procedure

Question 1

4th Amendment Stop & Search - Katz Test

Answer 1

1) Government action;
2) Does D have standing? a) D has a subjective expectation of privacy, & b) society objectively considers there to be privacy in the thing searched

Question 2

Terry Stop & Frisk

Answer 2

Police must show reasonable suspicion of criminal activity supported by articulable facts

Question 3

Police Checkpoints

Answer 3

Police may setup roadblocks to stop cars without individualized suspicion that the driver has violated the law if 1) cars are stopped on a neutral, articulable standard; & 2) the roadblock is designed to serve purposes closely related to a particular automobile problem

Question 4

Search Warrants

Answer 4

If there’s a search of the accused, their home or car, or what they’re carrying, there must be a warrant issued by a neutral magistrate that describes the place and object to be searched with reasonable particularity

Question 5

Exclusionary Rule + Exception

Answer 5

Without a warrant, illegally obtained evidence and all fruit from that evidence is excluded unless the police believed in good faith they were acting lawfully

Does not apply to grand juries

However, if D testifies falsely at trial, illegally obtained evidence can be be used to impeach D

Question 6

Administrative Searches

Answer 6

A warrant isn’t needed if searching a highly-regulated industry

Question 7

Warrantless Search Exception - Consent

Answer 7

Must be a knowing, valid, & intelligent giving of consent by someone with authority to do so

No violation for failing to tell someone they can refuse to consent

Question 8

Warrantless Search Exception - Plain View

Answer 8

Assuming the officer had a right to be where they are, the seized item is in plain view

Question 9

Warrantless Search Exception - Automobile Exception

Answer 9

If the police have probable cause to believe that a car contains contraband, they can search the entire car without a warrant, including all containers within it that might contain the contraband

PC to search a vehicle also creates PC search a passenger’s belongings in the car that might contain contraband

Question 10

Probable Cause

Answer 10

Reasonably trustworthy facts & circumstances sufficient to warrant a reasonably prudent person to believe that the suspect is committing or has committed a crime

Question 11

Warrantless Search Exception - Search Incident to a Lawful Arrest

Answer 11

A lawful arrest requires a warrant unless 1) the officer sees D commit a felony or has probable cause that D committed a felony, or 2) sees D commit a misdemeanor

A search incident to a lawful arrest can be made if it takes place in connection with the arrest, or immediately thereafter, & the area searched is within the arrestee’s wingspan

Question 12

Warrantless Search Exception - Inventory Search

Answer 12

Police may conduct an inventory search of an arrestee’s person when he’s booked pursuant to established department procedure

Question 13

Warrantless Search Exception - Exigent Circumstances

Answer 13

Threat that, in the time taken to obtain a warrant, the evidence will be lost or destroyed

Law enforcement can’t create the exigent circumstance

Question 14

Warrantless Search Exception - Inevitable Discovery

Answer 14

The police would’ve discovered the evidence even if they hadn’t acted illegally

Question 15

Warrantless Search Exception - Independent Source

Answer 15

The evidence was obtained independent of the original illegal conduct

Question 16

Confessions - 14th Amendment

Answer 16

The confession is voluntary, looking at the totality of the circumstances

Question 17

Confessions - 6th Amendment

Answer 17

There’s a right to counsel at all critical stages once adversary judicial proceedings have begun, i.e., post-charge

Question 18

Confessions - 5th Amendment

Answer 18

D must be given Miranda warnings before a custodial interrogation

Question 19

Miranda Warnings - Custodial

Answer 19

D isn’t, or doesn’t reasonably feel, free to leave

Question 20

Miranda Warnings - Interrogation

Answer 20

Any statement or conduct designed to elicit an incriminating response

Question 21

Re-Initiated Questioning after Right to Remain Silent

Answer 21

Questioning may only be re-initiated after a reasonable amount of time has passed, but only on a separate crime

Question 22

Re-Initiated Questioning after Right to Counsel

Answer 22

Questioning can’t be re-initiated absent presence of counsel unless at the request of the accused, or the accused is first released into the general prison population for at least 14 days & re-Mirandized

Question 23

6th Amendment Confrontation Clause

Answer 23

A co-D’s confession is admissible only if 1) statements concerning D are redacted or 2) the co-D is subject to cross-examination

Question 24

Identification - 14th Amendment Due Process Clause

Answer 24

The identification 1) can’t be unreasonably suggestive & 2) there can’t be a substantial likelihood of misidentification

Question 25

Informants - 5th Amendment

Answer 25

Miranda warnings need not be given where the interrogation is by an informant who D doesn’t know is working for the police

Question 26

Informants - 6th Amendment

Answer 26

1) Where a gov’t informant who is paid or promised something to obtain info on D is placed in D’s cell 2) after D has been charged, & 3) the informant deliberately elicits statements regarding the crime for which D is indicted, the 6th Amendment right to counsel is violated

Question 27

8th Amendment Bail

Answer 27

An accused is entitled to bail in an appropriate amount in a non-capital case in an amount designed to make it unlikely that D will flee

Question 28

Guilty Pleas

Answer 28

Judge must determine that a plea is voluntarily and intelligently made

Judge must, on record, personally advise D of the nature of the charge, the critical elements of the offense, the maximum penalty, the mandatory minimum penalty, that D has a right to plead not guilty, & that by pleading guilty, D waives his right to a trail

Question 29

Right to a Speedy Trial

Answer 29

Length of delay, reason for the delay, whether D asserted his right to a speedy trial, & prejudice to D

Question 30

Accused’s Right to Testify

Answer 30

D has a right to testify

Question 31

Accused’s Right of Self-Representation

Answer 31

On D’s request, the court must determine whether the request is knowingly and intelligently made, & whether the accused is competent to represent herself

Question 32

5th Amendment - Double Jeopardy

Answer 32

Once jeopardy attaches, D can’t be retried for the same offense (identical elements)

Question 33

Jeopardy attaches:

Answer 33

In a jury trial when the jury is sworn

In a bench trial when the first W is sworn

Question 34

Double Jeopardy Exceptions Permitting Retrial

Answer 34

Hung jury
Mistrial for manifest necessity
Retrial after successful appeal
Breach of plea bargain
Separate Sovereigns