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Question 1

4th amendment

Answer 1

protects against unreasonable searches and seizures by the government

Question 2

search

Answer 2

conducted by govt agent or someone under direction of govt

reasonable expectation of privacy
- home
- hotel room
- office
- backyard
- luggage

Question 3

open field doctrine

Answer 3

no expectation of privacy in “open fields”

not a search

Question 4

warrant requirements

Answer 4

• issued by a detached judge
• facts must be fresh
• person and place mus be specifically described
• cannot exceed the scope

Question 5

when warrantless searches are allowed

Answer 5

ESCAPES

• exigent circumstances
• search incident to lawful arrest
• consent
• automobile
• plain view
• evidence obtained from admin search
• stop and frisk

dog

Question 6

exigent circumstances

Answer 6

hot pursuit or immediate danger

or

evidence would spoil or disappear

Question 7

search incident to a lawful arrest

Answer 7

if search occurs at the time an arrest is made

scope is limited to objects within the reach of the arrestee

Question 8

consent

Answer 8

voluntary consent

third party with apparent authority

Question 9

automobiles

Answer 9

probable cause to believe that the automobile has contraband or evidence of a crime

Question 10

plain view

Answer 10

(1) officers are legally on the premise
(2) evidence is observed in plain view
(3) there is probable cause its contraband or evidence of a crime

Question 11

evidence obtained by administrative search

Answer 11

reasonable AND pursuant established police agency procedures

Question 12

stop and frisk (terry stop)

Answer 12

reasonable suspicion (more than hunch)
- actual facts

frisk for weapons

Question 13

arrest

Answer 13

officer must have probable cause to believe the person committed a crime

(1) officer witnesses the crime OR
(2) person tells officer that a crime was committed

Question 14

arrest warrants

Answer 14

officers may arrest without warrant

but having a warrant allows officers to enter a home to make arrest

exceptions
- consent
- exigent circumstances

Question 15

probable cause

Answer 15

reasonable person would conclude that its more probable than not that a crime has occured

Question 16

5th amendment

Answer 16

protects against self-incrimination

miranda

• right to remain silent
• right to counsel at custodial interrogations
• right to grand jury
• double jeopardy

Question 17

right to counsel 5th v. 6th

Answer 17

5th = for pre-trial interrogations

6th = during criminal proceedings

Question 18

custodial interrogations

Answer 18

incriminating statements from custodial interrogations cannot be used against suspect unless informed of miranda rights

custodial = reasonably believes they do not have the right to freely leave

interrogation = words or actions likely to elicit an incriminating response

Question 19

miranda rights waiver

Answer 19

knowingly and voluntarily waive

Question 20

invoking rights

Answer 20

police must cease interrogation if either

(1) party affirmatively invokes right to remain silense
- can reapproach after substantial period, give warning again, and ask

(2) party affirmatively invokes right to counsel
- lawyer present
- suspect initiates interrogation
- 14 days passed since release

Question 21

miranda violaton

Answer 21

inadmissible in prosecution’s case-in-chief

BUT can be admitted to impeach witness

evidence obtained, even from violation, can be admissible

Question 22

exception to miranda

Answer 22

police are not required to give miranda before questioning if
- public safety is at risk
- suspect being questioned is not aware its a cop
- routine booking purposes

Question 23

harmless error rule

Answer 23

guilty verdict upheld is prosecution can prove beyond a reasonable doubt that the error was harmless bc ∆would have been convicted without the tainted evidence

Question 24

involuntary statements

Answer 24

coerced

totality of the circumstances
- length
- time and location
- police tactics (force or trickery)
- character of person being interrogated

Question 25

line ups

Answer 25

no right to counsel PRIOR to indictment

cannot be unnecessarily suggestive

Question 26

6th amendment

Answer 26

speedy and public trial
right to counsel = automatically attaches once formal charges have been brought

Question 27

ineffective assistance of counsel

Answer 27

∆must show
(1) fell below object std of reasonableness

and

(2) result of the trial would have been different BUT FOR ineffective counsel

Question 28

exclusionary rule

Answer 28

evidence obtained in violation of 4th, 5th, and 6th are not admissible

does not apply if
- police had independent source
- inevitable discovery
- relied in good faith

Question 29

fruit of the poisonous tree

Answer 29

extends the exclusionary rule to make evidence inadmissible if that evidence was illegally obtained

Question 30

right to jury trial

Answer 30

6th amendment

right to jury trial for all criminal ∆for serious offenses = more than 6 months of incarceration

must represent fair cross section of community = no one excluded for race or gender

Question 31

guilty pleas

Answer 31

valid
- ∆understands rights
- inform ∆of possible sentences
- factual basis for plea
- no threat, improper promise, or force
- immigration consequences

Question 32

burden of proof

Answer 32

beyond a reasonable doubt

Question 33

double jeopardy

Answer 33

∆ protected against

(1) prosecution for same offense after acquittal/conviction

(2) multiple prosecutions for same offense

Question 34

motion for judgment of acquittal

Answer 34

court must enter judgement of acquittal if after the prosecutions case, the evidence is insufficient to sustain a conviction

Question 35

what evidence is protected by 5th amendment?

Answer 35

testimonial evidence is the only evidence protected in the right to self incrimination

not physical