Criminal Procedure

Question 1

Who must conduct the search to implicate the 4th amend?

Answer 1

Government official, cops, or a person under the direction of the government

Question 2

You have no expectation of privacy in

Answer 2

open fields

Question 3

When can a search happen?

Answer 3

When there is PC

Question 4

What does PC mean?

Answer 4

A reasonable person could conclude that items related to criminal activity ca nbe found @ the location

Question 5

If you have a search, by a gov official, and PC, you need a ___

Answer 5

WARRANT

Question 6

An officer cannot exceed the ___ of the warrant

Answer 6

scope

Question 7

Once you find what you are looking for the search must

Answer 7

stop

Question 8

If officers rely on information that turns out not to be valid, the search is

Answer 8

still okay

Question 9

Warrant exceptions

Answer 9

Consent, hot pursuit, auto exception, exigent circumstances, SILA, protective sweep, stop and frisk

Question 10

Consent

Answer 10

Owner of property may consent or a third party who has actual or apparent athority

Question 11

Auto exception applies when

Answer 11

there is PC that a car has contraband

Question 12

Exigent circumstances means

Answer 12

there is an emergency. Officer must have reasonable belief that evidence may be lost or destroyed

Question 13

SILA

Answer 13

The cop can search wiithin the wingspan of someone who was lawfully arrested. Check for lawful arrest

Question 14

Protective sweep is when

Answer 14

cops have reasonable velief that other suspects are in the house and search

Question 15

Stop and frisk requires

Answer 15

reasonable suspicion that criminal activity is afoot. Can frisk if the cop has reasonable suspicion that you are armed and dangerous

Question 16

Miranda needs to be given if there is a

Answer 16

custodial interrogation

Question 17

once a defendant asks for an attorney

Answer 17

all questioning must stop

Question 18

Custody means

Answer 18

you are not free to leave. It is an objective standard (reasonable person)

Question 19

Interrogation means

Answer 19

cops directly ask Q’s/ know or should have known their actions are reasonably likely to elicit an incriminating response

Question 20

Miranda waiver must be

Answer 20

voluntary. This is looked @ by totality of the circumstances

Question 21

Voluntary Miranda waiver factors

Answer 21

Coercive behavior, age, education, experience

Question 22

Double jeopardy means

Answer 22

defendant cannot be tried for the same crime twice

Question 23

For double jeopardy to apply there must have been

Answer 23

a first trial where a final judgment was issued

Question 24

Trial begins in jury trials when

Answer 24

the jury is impaneled and sworn

Question 25

Trial begins in bench trials when

Answer 25

the first witness is sworn

Question 26

If case is dismissed for technical reasons (jurisdiction, witness tampering, etc) then double jeopardy ___

Answer 26

does not apply

Question 27

Sovereign rule

Answer 27

If you are tried in a state court and acquitted, you can be tried in federal court

Question 28

Estoppel

Answer 28

You cannot try a person for felony murder if you couldnt prove the underlying felony

Question 29

Right to a jury trial

Answer 29

every person has the right to an impartial jury where imprisonment of more than 6 months is possible

Question 30

Right to counsel

Answer 30

Before indictment there is a 5th amendment right to counsel. After indictment there is a 6th amendment right to counsel.