Introduction to Crim Pro

Question 1

The Fourth Amendment protects

Answer 1

The people and their papers, houses, and effects from unreasonable searches and seizures, and requires particularized, as opposed to general, warrants that are supported by probable cause.

Question 2

The Fifth Amendment requires

Answer 2

That no person be denied his life, liberty, or property without due process of law, and grants each person a privilege against compelled self-incrimination.

Question 3

The Sixth Amendment requires

Answer 3

That in all criminal prosecutions, the accused has a right to counsel to assist in his defense.

Question 4

The exclusionary rule is

Answer 4

a procedural rule of federal constitutional lawused to deter unlawful police conduct. Under this rule, all evidence seized in violation of the Fourth Amendment, including physical evidence and statements, is inadmissible in a criminal proceeding.

This rule is applicable to the states.

Question 5

A criminal defendant must have ______ to raise a Fourth Amendment violation claim.

Answer 5

STANDING.

The defendant asserting the Fourth Amendment violation must personally be the victim of the police’s unreasonable conduct.

The person who claims the protection of the Amendment must have a legitimate expectation of privacy in the invaded place

Question 6

Fruit of the poisonous tree

Answer 6

In addition to excluding all evidence that has been illegally obtained, any additional evidence, including oral statements and physical objects acquired either directly or indirectly from the illegal arrest, search, or seizure, must also be excluded as tainted fruit of the poisonous tree

Exception - Miranda

Question 7

Exceptions to the Fruit of the Poisonous Tree

Answer 7

Independent Evidence

Inevitable Discovery

Intervening Act of Free Will

Attenuation

Question 8

Limitations on the Exclusionary Rule

Answer 8

Grand Jury Proceedings

Reasonable Reliance on the Search Warrant’s Validity (Good Faith)

Impeachment Use is Okay

Invalid Miranda Confessions Unless Coerced or Immunized

Deportation

Parole Revocation Hearings

Question 9

Admission of illegally obtained evidence constitutes reversible error
unless

Answer 9

the error is “harmless.”

The government must prove beyond a reasonable doubt that it still would have obtained a conviction without the error.