MBE Crim Pro Flashcards
1
Q
crim pro constitutional protections protect ppl against who?
A
> the gov
private ppl acting as gov agents
defense counsel (priv and public)
2
Q
true or false:
as long as its not a seizure police can approach anyone
A
true
3
Q
when does a seizure occur
A
when an officer by means of physical force or show of authority, terminates/restrains a person’s freedom of movement
4
Q
Stop & Frisk aka Terry Stop
A
an officer can stop an individual when they have reasonable suspicion (based on articulable facts) that the suspect is or is gonna be engaged in criminal behavior
5
Q
Can an officer do a pat down during a terry stop?
A
Yes an officer can pat down a detainee for weapons but cant frisk for evidence
> can also seize obvious contraband
> can arrest if PC develops
6
Q
when can a cop stop a car?
A
when there is reasonable suspicion
> if cop suspicious of a weapon, they can pat down for it during legal stop
7
Q
what do you need for an arrest?
A
probable cause or an arrest warrant
8
Q
pretext arrest
A
its legal if someone ends up getting arrested for something different than what a cop had probable cause for
9
Q
Arrest warrant reqs
A
> issued by a neutral and detached magistrate
based on probable cause!!!!!!
names the person and the offense
10
Q
In a question about an arrest with a warrant, what issue are you looking for?
A
whether there was probable cause
11
Q
when can a cop make a warrantless arrest
A
> for a crime committed in the cop’s presence
> probable cause for thinking someone committed a felony
> if not in their presence, can only arrest for committing a felony
12
Q
what makes an arrest illegal and what are the results of that
A
> illegal arrest = no probable cause
doesn’t prevent prosecution but prevents evidence from being admitted
13
Q
types of searches incident to arrest
A
> arrest on street:
can search suspect + wingspan
*includes pockets + purse/bag/containers immediately associated
> arrest at home:
can search suspect + immediate arrest area
> arrest in car:
passenger compartment only if person still has access to car
- unless car is impounded, then ok
14
Q
Can a cop search a cellphone during an arrest?
A
Phone can be seized but NOT searched
* phone search needs a warrant
15
Q
What’s a search
A
when gov conduct violates someone’s reasonable expectation of privacy
16
Q
Is physical instruction required for a “search”?
A
No, a search can happen with or without a physical intrusion
17
Q
Careful:
if it was someone else who had the reasonable expectation of privacy and not the defendant, then the gov action will be valid
A
18
Q
if a private security guard at the store reaches into Quentin’s pants to take the belt he was stealing, is that a search?
A
no bc its not a government actor, its the store’s private agent
19
Q
Requirements for a search warrant
A
(1) must be issued by a neutral magistrate
(2) must be based on probable cause
(3) describes the property and place that will be searched with particularity!!
*if not met then invalid + evidence inadmissible
20
Q
Does wiretapping constitute a search?
A
Yes, needs PC + warrant that says:
> whose conversations are to be intercepted
> Includes an end date for the warrant
> Perform minimization (avoids getting outside convos)
21
Q
Exceptions to the Warrant Requirement
A
ESCAPES:
o Exigent circumstances
o Search incident to arrest
o Consent
o Automobiles
> with probable cause= can search parts of vehicles that may have contraband
o Plain view
o Evidence obtained from administrative searches
o Stop and frisk
22
Q
true or false:
A search warrant is not required for search of a car as long as the police have probable cause to believe it contains contraband.
A
true
23
Q
Can someone who has been given immunity from the prosecution refuse to answer in court?
A
no they must answer
24
Q
Privilege against self-incrimination
When should miranda warnings be given?
A
before a custodial interrogation
25
true or false:
Interrogators must ask whether the defendant understands the miranda right
true
aka D understands English, can hear, and actually heard what was said
26
When do police have to cease questioning?
(1) when D invoked their right to remain silent (by actually saying so)
- but can resume after a substantial period of time + gave warnings again
(2) when D invoked their right to counsel (must affirmatively invoke)
27
name the exception where police do not have to give Miranda warnings before questioning
the public safety exception
28
can confessions be obtained through deceit?
yes; but not by threats
> they must be voluntary
29
Are involuntarily obtained statements admissible?
never; they must be voluntary
30
Are statements in Violation of Miranda admissible?
only to impeach
31
does the Fifth Amendment apply to blood tests or
handwriting exemplars?
no it only applies to testimonial evidence not physical evidence
32
Does Police have to tell the defendant that a lawyer is trying to reach them?
No
33
Is evidence obtained bc of an involuntary statement admissible evidence?
(Ex: Tell us where the body is
buried” while a suspect is at gunpoint)
It is presumptively inadmissible bc its fruit of the poisonous tree
> evidence obtained bc of voluntary statements but in violation of miranda are admissible
34
Sixth Amendment
> applies at initiation of formal charges + automatic
> offense specific (ONLY the ones CHARGED)
> applies regardless of in custody or not
> applies to critical stages of prosecution
35
When does the Sixth Amendment Right to Counsel apply
> felony prosecutions
> misdemeanor prosecutions with jail time
> applies to critical stages of prosecution
36
Does the Sixth Amendment Right to Counsel apply to non-critical stages?
no, does NOT apply to:
* Investigative lineups (pre-indictment)
* Witnesses looking at photo arrays
* Discretionary appeals and post-conviction (habeas) proceedings
37
Does the defendant or his lawyer have the right to be present at a photo array?
Neither has the right to be present but police must turn over the array to the defendant
38
what must the prosecution establish if a lineup was impermissibly suggestive?
by clear and convincing evidence that the witness would've identified the defendant even without the suggestive
lineup.
If they don't, then the evidence of a witness picking a D from the lineup will be excluded
39
2 questions to ask during identification procedures
(1) Was the identification before or after indictment?
> before = no lawyer
> after = lawyer
(2) Was the lineup or photo array impermissibly suggestive?
40
Exclusionary rule
Illegally obtained evidence:
> physical evidence obtained by illegal search
> statements obtained through illegal interrogation
are inadmissible against the person's whose rights were violated
*someone who isn't the D can't bring up the violation
*unless passenger in the car of a D arrested w/out probable cause
this rule applies at trial
(so not grand jury)
41
Exclusionary rule:
fruit of the poisonous tree
The exclusionary rule also applies to evidence obtained through the initial violation
42
Exceptions to the Exclusionary Rule (its ok and wont be excluded)
(1) Knock and Announce
- they're supposed to but if they don't and find evidence w their arrest warrant, it'll come in
(2) Inevitable Discovery
(3) Independent Source
(4) Attenuation in the Causal Chain
(5) Good Faith
- relied on existing law that was bad OR a warrant later found defective
(6) 1/2 Negligence
43
steps for Exclusionary Rule analysis
> Constitutional violation?
- 4th: search/seizure/PC
- 5th: custody/interrogation/ Miranda/invoking rights
-6th: right to counsel/critical stage
> If yes, does the rule apply?
> Are there any exceptions that make the evidence admissible anyway?
44
Exclusionary Rule:
over turning a conviction
the harmless error rule applies which asks whether there'd be a difference in the outcome if the evidence hadn't been admitted
45
True or false:
All federal felony charges must be initiated by indictment by a grand jury unless the defendant waives indictment.
true
> An indictment requires probable cause
> federeal reqs an indictment but states can choose between indictment or information
46
True or false:
grand juries are a lot looser w their rules
true
> can consider evidence obtained illegally, hearsay,
> Ds dont have the right to testify/call witnesses
> witnesses dont have the right to counsel but can leave the room to talk w lawyer
> grand jury doesn't have to be unanimous
> grand juries are held in secret
47
For a guilty plea to be valid, what must the defendant do?
knowingly and intelligently waive rights through plea allocution
48
bail
> cant be excessive
> available unless D poses risk of flight or danger to community
49
test for Competence to Stand Trial
> D comprehends the nature of the proceedings against him
> Can assist his lawyer in defending the case
50
when does a D have a right to trial by jury
any offense with punishment of more than 6 months
51
jury sizes in Federal vs. State courts
Jury numbers:
> Federal: 12
> State: 6
*State and Federal juries now must unanimous to convict
52
2 ways to remove potential jurors
(1) challenges for cause
(2) peremptory challenges
53
Challenges for cause
> Used to ensure an impartial jury
> no limit
54
Peremptory challenges
> can be made for any reason except race + sex
> statutorily limited
55
The confrontation clause:
Crawford Doctrine
bars testimonial statements if
> the declarant is unavailable AND
> the D had no prior opportunity to cross examine
*witness died before trial = barred
*witness testified at trial 1. D appealed for new trial. By trial 2, the witness died. Ok to come in bc they're unavailable but D had the chance to cross-examine in T1
> this is bc then D doesn't have a chance to confront the witness
56
The confrontation clause:
Bruton Doctrine
> D's own statements are always admissible against him, even if he doesn't testify at trial
> If there are co-defendants, a non-testifying co-defendant’s statements are NOT admissible against the other defendant.
(bc D wouldn't be able to confront the co-defendant that isnt testifying)
57
burden of proof in criminal trial
> prosecution must prove every element of the crime beyond a reasonable doubt
> D has burden w regard to affirmative defenses
58
2 guarantees of the confrontation clause
(1) the right to confront witnesses against them
(2) the right to compulsory process to obtain witnesses in his defense
59
purpose of speedy trial rights
> to avoid the D being injured by the passage of tie between the crime and their trial
(witnesses forgetting things etc)
> SOL gives D repose
60
when does the SOL begin to run
> when the crime occurs
> for offenses that are continuous, SOL runs when the offense ends
(ex: a conspiracy that takes 3 years. SOL runs when it ends)
61
4 factors the court looks at when faced w a speedy trial claim
(1) length of delay
(2) reason for the delay
(3) whether D asserted his right to speedy trial
(4) risk of prejudice to the D
62
To reverse a conviction on the ground of ineffective counsel, what must the claimant must show?
(1) that counsel’s representation fell below an objective standard of reasonableness
and
(2) that there was a reasonable probability the claimant would not have been convicted had the attorney provided effective assistance.
63
what can't judges have according to Due Process?
judges cant have actual or apparent bias
64
4 prosecutorial duties
(1) brady doctrine
(2) prosecutor can't knowingly present false testimony
(3) prosecutor can't contact D without his counsel (6th amend)
(4) prosecutor can't comment on a D's failure to testify at trial/make comments to jury about it (violation of 5th amend right to stay silent)
*but CAN comment on Ds silence before Miranda attached
65
Brady doctrine
Prosecutors must turn over all material exculpatory evidence to the defense
(evidence that could change outcome of case)
2 types of evidence:
(1) evidence tending to show D is not guilty of the crimes charged
(2) evidence that would enable the defense to impeach the prosecution's witnesses
66
Effective Counsel:
Strickland test
Assesses whether a defendant was denied effective assistance by assessing:
> Performance:
did defense counsel's performance fall below the reasonable conduct?
> Prejudice:
When there is a reasonable probability that, if counsel performed effectively, the result would've been different
- Cases in trial: D must show he wouldn't have been convicted
- Guilty pleas: D must show he wouldn't have pleaded guilty but-for ineffective counsel
67
what happens to a D's conviction if he shows that he was denied effective counsel?
His conviction but be reversed
68
what does the effective assistance of counsel entail?
> no conflicts of interest
> strickland test- effective assistance
69
competence standard for waiving counsel (pro se)
Is the D competent enough to
understand what they are doing?
70
Does the gov have free rein to authorize any length of sentence for any crime?
Yes
Exception:
> Life w/out parol for non-homicide crimes committed when D was a juvenile are unconstitutional
(cruel and usual punishment)
71
In what type of cases can the death penalty be imposed on?
cases where the victim died
72
who can't the death penalty be imposed on?
Defendants who:
> are under 18
> suffer from cognitive impairment
> Ds who are insane at the time of execution
73
death penalty safeguards
> bifurcated trial process
> opportunity to present mitigating evidence
74
What are the 3 protections given by the double jeopardy clause?
> can't prosecute same offense after acquittal
> can't prosecute same offense after conviction
> can't have multiple punishments for the same offense
75
Double Jeopardy Clause:
Blockburger test
checks that elements of a statutory offenses are not the same bc it'd violate dbl jeopardy
> You can't be charged for a lesser crime of a bigger one you were already charged for
(unless diff victims)
ex: If you are prosecuted for and convicted of larceny, you cannot be indicted and prosecuted for robbery in the same episode.
76
Double Jeopardy Clause:
Separate Sovereigns Rule
CAN be tried twice:
> in another state
> in state then fed court
CANT be tried twice:
> same state
77
beginning and end for jeopardy to attach
start:
> jury is sworn in at jury trial
> first witness sworn in at bench trial
end:
> acquittal
> conviction without appeal or an affirmed conviction
* if conviction reversed on appeal he CAN be tried again unless reversal based on insufficient evidence
78
2 kinds of mistrials
(1) manifest necessity
(a situation rendering it impossible to continue the trial or reach a fair outcome)
> D can be re-tried
(2) no manifest necessity
> D can't be retried
79
can judges enhance criminal sentences beyond the statutory maximums?
no; any enhanced sentences must be based on facts decided by the jury
unless its based on prior criminal convictions then that could be by the judge
80
What is meant by "open fields" for Fourth Amendment considerations?
somewhere w no expectation of privacy
(ex: Private property that lies outside the curtilage of a home, like a farmer’s field)
despite owner thinking they have subjective privacy bc of fence, signs etc
81
What are the requirements of a valid arrest warrant?
> Issued by a detached/neutral magistrate
> upon finding of probable cause
> describes with particularity the defendant and the crime.
82
Do prison inmates have a reasonable expectation of privacy in their cells?
no
83
May law enforcement randomly stop vehicles on public roadways?
no there needs to be reasonable suspicion of violation of law
84
What are the three requirements for a statutory scheme imposing a death penalty to be constitutional?
The statutory scheme must provide:
(i) Clear and objective standards;
(ii) Specific and detailed guidance; and
(iii) An opportunity for rational review of the process.
85
What is required for a defendant to have standing to challenge governmental conduct for unreasonable searches and seizures?
(i) The defendant himself has been seized; or
(ii) He has a reasonable expectation of privacy with regard to the place searched or the item seized.
Note: It is not enough that the introduction as evidence of an item seized may incriminate the defendant or that the evidence was seized from a co-conspirator.
86
When is a search of a car permitted as an exception to the search warrant requirement?
When police have probable cause, they may search anywhere in a car that they believe there to be contraband, including the trunk and locked containers.
*only extends to containers and compartments that reasonably could hold the evidence they're searching for
87
Name the five situations where the good-faith exception to the exclusionary rule does not apply.
If:
(i) No reasonable officer would rely on the affidavit underlying the warrant;
(ii) The warrant is defective on its face;
(iii) The warrant was obtained by fraud;
(iv) The magistrate has “wholly abandoned his judicial role”; or
(v) The warrant was improperly executed.
88
3 exceptions to the Miranda requirements?
(1) Public safety;
(2) Routine booking questions; and
(3) Undercover police.
89
When and how may statements obtained in violation of Miranda be used at trial?
Voluntary and trustworthy statements may be used as impeachment evidence.
90
When are the fruits of a non-Mirandized confession admissible?
Derivative physical evidence obtained as a result of a non-Mirandized confession is admissible, so long as that confession was not coerced.
91
What is an "inventory search?"
Inventory searches are administrative-type searches of items in official custody, such as impounded vehicles
After lawfully taking custody of property, police may conduct a warrantless search of other property
92
Where can probable cause to support a search warrant come from?
(1) a reliable, known informant
or
(2) an unknown informant if the information is independently verified.
93
can cops search car if they have probable cause?
Yes;
The automobile exception to the warrant requirement allows police to conduct a warrantless search of a vehicle if they have probable cause to believe it contains evidence of a crime.
Officers can search any area within the vehicle where the evidence might be located, including the trunk and locked containers.
94
True or False:
Under the automobile exception, a search is not limited to areas that the driver can access.
True; The limitation of areas only the driver can access is present only when there is a search incident to a lawful arrest
95
Does the Fifth Amendment privilege against self-incrimination apply to evidence that might subject a person to civil liability or to corporations?
no
96
If the interrogation of a suspect who has waived his/her Miranda rights is stopped for a long duration, should police re-Mirandize the suspect prior to resuming the interrogation?
yes
97
Fifth Amendment rights
vs.
Sixth Amendment rights
Fifth Amendment:
> Right to counsel applies to custodial interrogations prior to the commencement of judicial proceedings. Must be affirmatively invoked
Sixth Amendment:
> Applies automatically upon the commencement of judicial proceedings.
98
What offenses does the Sixth amendment cover
The Sixth Amendment covers an uncharged crime that constitutes the same offense as a formally charged crime
However, it does not attach to an uncharged crime that requires proof of an element that the other does not.
99
Must a prosecutor present exculpatory evidence to a grand jury that is considering whether to indict a person?
No; a prosecutor must provide exculpatory evidence to the defendant after indictment and prior to trial.
100
Can an incriminating statement gotten during a custodial interrogation without Miranda be used in trial?
What about physical evidence obtained as a result of the non-Mirandized statement?
No, a suspect's incriminating statement obtained during a custodial interrogation without Miranda cannot be used in trial.
However, physical evidence obtained bc of the non-Mirandized statement is admissible so long as that statement was not coerced.
101
Are "three-strikes" law constitutional?
Yes
102
Violations of Apprndi
if a sentencing scheme:
(1) if a jury recommends the death penalty without specifically finding an aggravating circumstance and
(2) lets the judge to then make that finding independently
103
Do facts (like aggravating circumstances) that expose a criminal defendant to a greater punishment than authorized by the jury's guilty verdict an element that must be submitted to and decided by the jury?
Yes;
Due process requires that any fact (e.g., aggravating circumstances) that exposes a criminal defendant to a greater punishment than authorized by the jury's guilty verdict is an element that must be submitted to and decided by the jury.
104
Exam tip:
if you don't know how to answer an MCQ, what answer do you pick?
Pick an answer choice that is against the Defendant and for the government
105
Does an anonymous tip give you probable cause?
no
106
what does the jury have to find to impose the death penalty?
(1) guilt beyond a reasonable doubt
(2) at least 1 aggravating circumstance beyond a reasonable doubt
107
Within how many days after being served the Notice of Discovery must the prosecutor file a written "Discovery Exhibit?"
15 days
108
When may a police officer arrest a person without a warrant?
(1) Person committed felony, misdemeanor/municipal/county ordinance in officer's presence;
or
(2) Felony has been committed and officer reasonably believes person arrested committed it
109
When may the court summarily punish criminal contempt?
When contempt was committed in the actual presence of the court and the court heard/saw the conduct
110
Every person charged with a misdemeanor must generally be brought to trial within how many days of arrest?
90 days for misdemeanor
175- for felonies
111
Unless previously lawfully released, every arrested person must be taken before a judicial officer within how many hours of being arrested?
24 hours
112
When does a non-adversary probable-cause determination not have to be held within 48 hours when a defendant is in custody?
when D was arrested w a warrant
113
In Florida, all pleadings filed after the initial pleadings must be served on whom?
every party
114
What is a capias?
An arrest warrant
115
How long does a prosecutor have to file notice of an intent to seek the death penalty in Florida?
Notice must be filed within 45 days of arraignment
116
Original jurisdiction in criminal cases is vested where?
> county courts
> circuit courts
117
How should a defendant charged with a crime by indictment or information demand a speedy trial?
file a motion captioned "demand for speedy trial" within 60 days and serve a copy on the prosecuting authority
118
To rely on an insanity defense, the defendant must give _______ notice no later than _________ days after the arraignment or the filing of a written plea of not guilty
written; 15 days
119
True or False:
A pretrial motion to dismiss does not have to raise all available defenses.
FALSE: must raise the defenses or they are waived
120
If two or more defendants are jointly tried, how many peremptory challenges is each side entitled to?
(1) Each defendant is entitled to
a) Capital crimes = 10
(b) All other felonies = 6
(c) Misdemeanors = 3
(2) State is entitled to as many challenges as are allowed to all of the defendants combined.
121
Upon demand of the prosecutor, the defendant has how many days before trial to file and serve a notice of an intention to claim an alibi?
10 days
122
When must the court generally grant a new trial?
When it is established that the:
(1) Verdict was decided by lot
(2) Verdict is contrary to law or the weight of the evidence; or
(3) Emergence of new and material evidence that D couldn't have discovered with reasonable diligence would've changed the verdict
123
What is a judgment in Florida?
An adjudication by the court that the defendant is guilty or not guilty
124
The state has how many days from the arrest or service of a capias to file charges on an in-custody defendant?
30 days
125
All criminal cases are tried before _________ jurors, except capital cases, which consist of ________ jurors
6;12
126
remember that to apply the exclusionary rule exceptions, there first mut have been a violation of 4/5/6th amendments
127
if a camera is in plain view can that be taken?
not to look at the pics it has be those are not immediately apparent so not plain view
128
Does have a right to counsel at a photo array or an in-person identification?
> Critical stage: in-person
> Non-critical stage: photo-array
129
When is a second prosecution for the same offense not barred by double jeopardy?
when a mistrial is declared
> at the defendant's request
> with the defendant's consent
or
> due to manifest necessity (e.g., a hung jury).
130
true or false:
entering the curtilage in an unusual manner for an uncommon purpose (e.g., to conduct a dog sniff for drugs) constitutes a Fourth Amendment search and must be supported by a warrant.
true
131
Is the curtilage (e.g., porch, yard) a constitutionally protected area?
Yes bc it immediately surrounds and is closely associated with a person's home.
132
is there a right to
> to have counsel present inside the grand jury room
or
> to present witnesses at a grand jury proceeding
no
133
Is an indictment by a grand jury based on illegally obtained evidence or hearsay is constitutionally valid
Yes bc a grand jury is generally not restricted to hearing evidence that would be admissible at trial
134
true or false:
To search a car incident to arrest, a cop just needs reasonable suspicion that evidence of the offense might be found in the vehicle.
true
135
true or false:
Custodial interrogation is questioning initiated by a known (as opposed to
undercover) law-enforcement officer after a person is in custody.
true
136
True or False:
Warrentless searches in sections of commercial properties in highly regulated industries will be found reasonable under the 4th amend
true; bc highly regulated industries have a lower expectation of privacy
137
entrapment
> affirmative defense
138
can a confession be excluded as a violation of miranda bc of mental illness?
no; Miranda violations include:
> police coercion
> inducement of confession
139
true or false:
double jeopardy does not attach during a prelim hearing or a grand jury investigation
true;
it will attach upon
> the swearing-in of a jury
> swearing in of the first witness during bench trial
140
when is a person in custody?
A person is in custody when he is not free to leave or is otherwise deprived of his freedom in any significant way.
The test is whether a reasonable person would believe that he is not free to leave.
141
when is a warrantless search of an automobile incident to arrest permitted?
when (i) that the arrestee is within reaching distance of the passenger compartment at the time of the search and may pose a threat to the officer’s safety or a need to preserve evidence from being tampered with by the arrestee or
(ii) that it is reasonable that evidence of the offense of arrest might be found in the vehicle
142
can police enter a third party's home to execute an arrest warrant?
yes but only when they have:
(1) a search warrant
(2) exigent circumstances
or
(3) the third party's consent
143
Exigent Circumstances
officers can conduct a warrantless search if:
> they're in hot pursuit
> there is an immediate danger
144
An anticipatory search warrant is one that becomes effective only upon the occurrence of a triggering condition
How is probable cause met?
If:
> at the time it's issued, there's probable cause to believe the triggering condition will occur
AND
> if the condition does occur, there is a fair probability that contraband or evidence of a crime will be found at the place to be searched.
145
Are Mandatory presumptions against a defendant concerning an element of a charged crime allowed?
No, bc acc to due process, the prosecution has to establish each element beyond a reasonable doubt
so not allowed even if D could rebut the presumption.
146
how will in-court identification testimony be admissible if before that there was an unnecessarily suggestive out-of-court identification procedure?
prosecution must demonstrate that it is sufficiently reliable—i.e., poses no substantial likelihood of misidentification.
bc otherwise its not admissible
147
what standards to school officials need to meet to search a student?
reasonable suspicion that they're violating/have violated)the law or school rule
search methods must be:
(1) reasonably related to the objective of the search
(2) not excessively intrusive considering the student's age, sex, and the nature of the infraction
148
when does double jeopardy attach if a criminal charge is dismissed before trial?
it doesn't, D can later be prosecuted for the same offense
149
true or false:
Even when D asserts a defense that negates an element of the crime.
the prosecution still has to prove every element beyond a reasonable doubt to convict a defendant
true
150
when is an incriminating statement taken after an unlawful arrest is admissible?
when the court determines that the connection between the arrest and the statement is so attenuated that the statement is considered voluntary.
151
What does an officer need to search a person not named in a warrant they're executing?
Police would need independent justification to search a person not listed in the warrant
this justification comes from:
(1) reasonable suspicion that the person is armed
or
(2) probable cause to believe that the person committed, is committing, or is about to commit a crime.
152
does taking of handwriting exemplars violate the 4th, 5th, o 6th amed?
no
153
The Sixth Amendment right to counsel protects non-indigent criminal defendants' right to choose the attorney who will represent them
The erroneous denial of a defendant's choice of counsel constitutes structural error and requires automatic reversal of the defendant's conviction.
154
Does the Fourth Amendment apply to a subpoena for a witness to testify before a grand jury?
no, to be subpoenaed as a witness for a grand jury is not a 4th amend violation
155
if an officer makes an unconstitutional investigatory stop > learns during the stop of an arrest warrant for that suspect > seizes incriminating evidence during a search incident to arrest
is that evidence admissible?
yes
156
in a request for trial by jury, what is relevant: the actual sentence imposed or the max authorized sentencing?
the authorized sentence of a crime
> needs to be more than 6 months
157
can undercover cops induce a D into making statements after the right to counsel attaches?
No; Once the Sixth Amendment right to counsel attaches, statements that a D makes to a police informants are inadmissible without the assistance of counsel
158
Can cops make checkpoints for drugs?
No; they can only do it for drinking
159
true or false:
The Sixth Amendment right to counsel can be waived so long as relinquishment of the right is voluntary, knowing, and intelligent.
true
160
custody
> formal arrest
> restraint on freedom of movement (would reasonable person think they could leave?)
161
A defendant must make a specific, unambiguous statement asserting her desire to remain silent. If a defendant invokes her right to remain silent, the interrogator(s) must “scrupulously honor” that request.
162
govt has a duty to disclose exculpatory material to the defendant and if they dont there could be a reversal or a new trial if its found that:
> evidence was favorable to D bc it was exculpatory or impeachment worthy
> there was prejudice when earlier disclosure would've created a reasonable probability of a different outcome
163
an unlawful arrest doesn't mean a dismissal of Ds indictment
