Criminal Procedure

Question 1

1

1. Exclusionary Rule:
2. Exclusionary Rule does not apply: (5)

Answer 1

1. evidence from an illegal search or coerced confession can be excluded.
2. grand jury proceedings
3. civil proceedings
4. parol revocation
5. impeachment
6. violation of knock and announce

Question 2

3

1. “The Fruit of the Poisonous Tree” doctrine:
2. Does “Fruit of the Poisonous Tree” apply to Miranda violations:

Answer 2

1. Illegaly seized evidence and ALL evidence derived from illegal seizure will be excluded
2. No – unless police act in bad faith

Question 3

12

5 steps to answering ANY Search and Seizure question:

Answer 3

1. Government Action
2. Reasonable expectation of Privacy
3. Valid search warrant
4. Not valid BUT good faith
5. Exception Exist

Question 4

23

1. What can overcome an invalid warrant:
2. But what are the 3 exceptions to good faith reliance:

Answer 4

1. An officers good faith reliance
2. SW “so lacking in PC” no reasonable off would rely
3. Police officer or Prosecutor “lied”
4. Magistrate is “biased” NOT neutral

Question 5

25

Name 6 exceptions to a search warrant:

Answer 5

1. search incident to arrest
2. automobile exception
3. plain view
4. consent
5. stop and frisk
6. hot pursuit / special needs

Question 6

26 Search Incident To Arrest

1. The arrest must be ________.
2. The arrest must be contemporaneouse in _____and ______.
3. What can be searched, The ____and the areas w/in the person’s _______. Why:

Answer 6

1. lawful -if unlawful search unlawful
2. time / place
3. person / wingspand

to prevent destruction of evidence or DEF grabbing weapon.

Question 7

27

The police may search the interior of the auto incident to arrest ONY if (1) or (2) exist:

Answer 7

1. DEF is out of custody
2. Police have reasonable belief that evidence of the offense for which the person was arrested may be found in the vehicle.

Question 8

38A

1. What is the difference re standard search incident to arrest of an automobile v. automobile exception:

Answer 8

Search incident to arrest auto = reasonable belief

Automobile Exception = probable cause

Question 9

39 Plain View

1. For plain view to be valid what does the officer need: (2)

Answer 9

1. Ofc is legitimately at location where he / she sees item.
2. Its immediately obvious and apparent that item is contraband of crime

Question 10

43

1. What is a Terry Stop:
2. The legal standard for stopping:
3. What is a Terry “frisk” part:

Answer 10

1. brief detention to investigate suspicious conduct
2. reasonable suspicion
3. allows officer to pat down outer clothing and check for weapons

Question 11

46

1. Officer stop on reasonable suspicion pat down DEF and feels something in pocket pulls out and its evidence of previous crime BUT not weapon, admissible:

Answer 11

1. Depends - only if ofc reasonably believe object was a weapon or contraband.

Question 12

48

1. Ofc stops car, writes a ticket. After ticket written can of walk dog around car:
2. What would change above:
3. How long can ofc stop a person based on reasonable suspicion:
4. If valid arrest warrant but stop violated the 4th, will evidence of search still be admitted:

Answer 12

1. No - ticket written
2. Police Ofc develops further reasonable suspicion
3. Reasonable time to handle matter / dispel suspicion
4. Yes - valid arrest warrant

Question 13

54

A school search will be held reasonable only if: (3)

Answer 13

1. MODERATE chance finding evid
2. MEASURES adopted are reasonably related to objectives of search
3. Not EXCESSIVLEY intrusive

Question 14

63 Invoking Miranda - Attorney

1. DEF invoking rights o counsel must be:
2. If DEF invokes right to counsel all questions must cease until: (2)
3. How does “breach in custody” work:

Answer 14

1. Unambiguous
2. DEF given attorney OR;
3. DEF initiates further questioning
4. A DEF who is released from custody can be re-mirandized after 14 days.

Question 15

65

DEF is being questioned by police. After rigorous questing by police about a murder DEF says “hey there is beer in ash tray. But I want to talk to my lawyer now” Police continue to interrogate DEF and DEF makes incriminating statements. Admissible in DEF criminal trial:

Answer 15

Maybe - not in gov case in chief but may be admissible to impeach DEF if he takes the stand

*** question asks if admissible, make sure you read carefully, attention to detail think like a lawyer = MAXIMUM POINTS **

Question 16

77

1. What must preemptory challenges be: (2)
2. A DEF’s right to counsel applies to all:
3. Ineffective assistance of counsel DEF must show: (2)

Answer 16

1. Race and Gender neutral
2. Critical stages of a prosecution
3. deficient performance
4. but for such deficient performance there is a reasonable probability the result would have been different

Question 17

78

1. DEF alleges his attn was too inexperienced to give effective representation and trial tactics were so deficient, but for deficiencies DEF would have been found NOT guilty, valid claim:
2. DEF has rights to represent themselves BUT waiver of counsel must be:
3. DEF also must be _____ to proceed pro se:

Answer 17

1. NO - there are vague allegations
2. Be knowing and intelligent
3. competent

Question 18

82

4 good reasons for w/drawing guilty pleas:

Answer 18

1. Involuntary
2. Lack of Jurisdiction
3. Ineffective Assistance of Counsel
4. Failure

Question 19

82

4 good reasons for w/drawing guilty pleas:

Answer 19

1. Involuntary
2. Lack of Jurisdiction
3. Ineffective Assistance of Counsel
4. Failure prosecutor keep plea bargain

Question 20

The DC PD have over 30 reports that drugs are being sold out of a car. PD knows everything about car, description, plate, model ect. Police stop car but does not arrest the driver. Ofc searches car finds box under seat with drugs and pens. Drugs admissible:

Answer 20

Yes - not search incident to arrest but rather under vehicle exception, b/c police had PC based on 30 rpts a description.