Fed crim pro

Question 1

Seeking to track a suspected drug dealer to his hidden lair, the
police place a tracking device on a canister of chemicals used for
drug production and arrange to have an informant give the suspect
the canister. They then follow the suspect to his lair, using the
tracking device. Did the police seize the canister by placing the tracker on it?

Answer 1

No, because the suspect retains full possesion of the canister. A seizure of property occurs when the government meaningfully interferes with a person’s possessory interest in property.

Question 2

Probable cause

Answer 2

trustworthy facts or knowledge sufficient for a reasonable person to believe
that the suspect has committed or is committing a crime. Probable cause is based on the totality of the circumstances. It is permissible for the police to use hearsay as grounds for probable cause.

Question 3

Exceptions to the rule that home arrests require warrant

Answer 3

Exigency
* Risk that the defendant will escape (hot pursuit of fleeing
felon)
* Danger to police or any person
* Risk that the defendant will destroy evidence
Consent

Question 4

A person in their dwelling has the right to stand their ground and use

Answer 4

(1) nondeadly force if reasonably believes necessary to defend against imminent use of unlawful force OR
(2) deadly force if reasonably believes necessary to prevent
(a) imminent death or bodily harm or
(b) to prevent commission of forcible felony

Question 5

A person is presumed to have a reasonable fear of death or great bodily harm if

Answer 5

(1) person against whom force used was entering or had forcefully entered dwelling, residence, occupied vehicle
(2) person who uses or threatens to use defensive force knew or had reason to believe that an unlawful and forcible entry or act was occuring or had occurred