Day 5

Question 1

Robbery Elements

Answer 1

1. The D unlawfully took and carried away the victim’s PP
2. The prop was take from the victim’s person or presence by force or intimidation (eg assault)
3. The D specifically intended to permanently deprive the victim of the property.

since Assault satisfies the intimidation requirement, it is a lesser included offense that merges with the completed robbery or attempted rob.

Question 2

Elements of forgery at common law?

Answer 2

1. When a person makes (ie creates or alters) a false document of apparent legal significance.
2. with the intent to defraud.

Question 3

Elements of false pretenses?

Answer 3

If a person
1. knowingly misrepresented a past or existing material fact
2. did so with the specific intent to defraud, and
3. thereby obtained title to another’s property or money.

Question 4

What does the possesion element of a possesion of a controlled substance require?

Answer 4

Proof that the D either:
1. knowingly received an illegal substance or
2. exercised dominion and control over the substance after learning of its illegal character.

Question 5

When can police conduct a warrantless search, due to exigent circumstances?

Answer 5

When the police reasonably that it is necessary to:
1. prevent imminent destruction of relevant evidence.
2. protect police and/or the public from immediate physical harm,
OR
3. pursue a fleeing suspect after a felony occurs

Question 6

When is a search warrant invalid?

Answer 6

If the predonderance of the evidence shows that:
1. the application contains a false statement necessary to the finding of probable cause and
2. the officer who submitted the application knew that the statement was false or recklessly disregarded its falsity.

Question 6

Does a threat to damage or destroy property (other than a home) sufficient to satisfy the intimidation required for robbery?

Answer 6

No, only immediate threat or death or serious physical injury to the victim, a close family member, or another person present.

Question 7

Does the exclusionary rule (suppression of illegally acquired evidence at trial) apply during grand jury proceedings?

Answer 7

No, the grand jury is an investigative body, not a judicial body with the power to convict.

Question 8

Are drivers at a traffic stop “in custody” for Miranda purposes?

Answer 8

No

Question 9

What is the dual sovereignty doctrine? for the 5th amend.

Answer 9

The doctrine allows different sovereigns (states) to prosecute a D for the same criminal act without violating the 5th amend double jeopardy clause.

Question 10

Conspiracy under the MPC

Answer 10

Occurs when:
1. a person enters into an agreement w the specific intent to commit a crime,
and
2. any conspirator commits an overt act in furtherance of that agreement.

MPC only requires proof of ONE guilty participant.