MBE questions Flashcards
Q1
Can PO conduct an aerial warrant of your home?
Not without a warrant
Can PO use x-ray/thermal vision if they conduct an aerial surveillance if they have a warrant for your home?
Why?
NO! can only use naked eye and whatever is available to the public
home = highest expectation of privacy
Q1
Can PO use x-ray/thermal vision if they conduct an aerial surveillance for your business?
Why?
Yes!
less expectation of privacy
Q6
When you see Miranda think:
custodial interrogation
so D is in custody and D is being interrogated
Q6
If a D agrees to talk as long as he doesnt put anything in writing, are the oral statements admissible? why?
Yes b/c is a voluntary waiver!
Q 54
SCOTUS has ruled that in a criminal trial the jury verdict must be
unanimous
Q 54
voir dire
preliminary examination of a witness or juror by a judge or counsel
without giving any new Miranda warnings, the officers began interrogating the defendant about a different crime
The defendant’s waiver of his Fifth Amendment privilege against self-incrimination after receiving Miranda warnings applies to the subsequent questioning about another crime.
_______is a critical stage at which the Sixth Amendment right to counsel will apply
A preliminary hearing to determine probable cause
Prior to interrogation, a person in custody must be clearly informed that he has the right to remain silent and anything he says can be used against him in court. These warnings implicitly assure that silence will carry no penalty
When may police conduct a warrantless search incident to arrest?
After any constitutional arrest
The right to be free of double jeopardy derives from the Fifth Amendment and has been incorporated into the Fourteenth Amendment.
If the defendant agrees to answer questions orally, but requests the presence of counsel before making any written statements, the defendant’s oral statements are admissible. The defendant’s agreement to talk constitutes a voluntary and knowing waiver of the right to counsel, even if it could be argued that it indicates a misunderstanding of the evidentiary effect of oral statements.
If the accused invokes his right to counsel under Miranda, all questioning must cease, even about a totally unrelated crime, because the Fifth Amendment right to counsel under Miranda, unlike** the Sixth Amendment right to counsel, is **not offense specific
Under 6th A the right to counsel applies to misdemeanor trials only when a sentence of imprisonment is imposed…so a misdemeanor’s alternative penalty (i.e. a fine) may be imposed without violating the constitutional right to counsel at trial.
