Criminal Procedure

Question 1

Fourth Amendment

Answer 1

prohibition against unreasonable search and seizure

Question 2

Fifth Amendment

Answer 2

1. Privilege against compulsory self-incrimination

2. Prohibition against double jeopardy

Question 3

Eighth Amendment

Answer 3

prohibition against cruel and unusual punishment

Question 4

Exclusionary Rule

Answer 4

someone who has been the victim of an illegal search or a coerced confession can have the product of that illegal search or that coerced statement excluded from any subsequent criminal prosecution.

Question 5

Fruit of the Poisonous Tree Doctrine

Answer 5

The doctrine will not only exclude illegally seized evidence, but will also exclude all evidence obtained or derived from police illegality.

Question 6

3 ways the government can break the chain of unlawful police action & piece of evidence

Answer 6

1. independent source
2. Inevitable discovery
3. Intervening acts of free will

Question 7

Harmless Error Test

Answer 7

A conviction will be upheld if the conviction would have been resulted despite the improper evidence.

Question 8

Requirements for a Valid Search Warrant

Answer 8

1. probable cause and

2. particularity

Question 9

Probable Cause

Answer 9

A fair probability that contraband or evidence of a crime will be found in the area searched.

Question 10

Particularity

Answer 10

The warrant must state with particularity the place to be searched and the things to be seized.

Question 11

Exceptions to Warrant Requirement

Answer 11

1. Search Incident to Arrest
2. Automobile Exception
3. Plain View
4. Consent
5. Stop and Frisk
6. Evanescent Evidence, Hot Pursuit & special needs

Question 12

Search Incident to Arrest

Answer 12

Exception to Warrant

1. Arrest must be lawful
2. The arrest and search must be contemporaneous in time & place

Question 13

Search Incident to Arrest & Automobiles

Answer 13

The police may search the interior of the auto incident to arrest ONLY if:

1. the arrestee is unsecured and still may gain access to the interior of the vehicle; or
2. the police reasonably believe that evidence of the offense for which the person was arrested may be found in the vehicle.

Question 14

Community Care Taker Rule

Answer 14

Justifies a warrantless search if an officer faces an emergency that threatens the health or safety of an individual or the public.

Question 15

Plain View Doctrine

Answer 15

1. Police must be legitimately present at the location where he or she does the viewing of the item seized.
2. it must be immediately apparent that the item is contraband or fruit of a crime.

Question 16

Consent

Answer 16

For Consent to be valid, the consent must be voluntary and intelligent.

Question 17

Terry Stop

Answer 17

A brief detention for the purpose of investigating suspicious conduct.

Question 18

Terry Frisk

Answer 18

a pat down of the outer clothing and body to check for weapons.

Question 19

Evanescent evidence

Answer 19

evidence that might disappear quickly if the police took the time to get a warrant.

Question 20

Independent Source

Answer 20

A witness may make an in court identification despite the existence of an illegal lineup if the in-court identification has an independent source.