MD Crim Pro

Question 1

a warrant is void if not executed within -

Answer 1

15 calendar days

Question 2

J determines whether there’s PC based on

Answer 2

only what’s in the aff submitted in support of the app

Question 3

what rules of ev apply to issuance of a search warr?

Answer 3

none

Question 4

no knock warr allowed if

Answer 4

reas susp that

• prop to be seized may be destroyed
• life or safety of the executing officer or another person may be endangered

Question 5

as a general matter, warrentless searches are

Answer 5

per se unreasonable

Question 6

warrantless search or seizure ok?
Po acts when he reas believes a person needs immediate attn or acts to protect the pub in a manner outside their normal law enf function

Answer 6

yes under community caretaking function

Question 7

po may serch a car without a warr if

Answer 7

they have PC to believe that a crime-connected item is within the car

Question 8

MD recognizes exclusionary rule where

Answer 8

only for violations of 4A

Question 9

MD wiretapping stat

Answer 9

md wiretapping and electronic surveillance act: more stringent than fed

• a private person not acting as an agent to the state can’t intercept w/o prior consent to all parties to the comm unless they have:
• court order, acting as a govt agent, or as an employee of a comm co

Question 10

ev obtained in violation of the wiretapping act

Answer 10

not admissible in any hearing

Question 11

po may arrest a person without a warr if po has PC to believe person __ and ___

Answer 11

committed a stat specified crime:

• manslaughter by vehicle
• malicious burning/ attempt
• malicious mischief/ attempt
• theft over $500/ attempt
• false alarm of fire
• indecent exposure
• CDS crimes/ attempt
• wear/ carry/ transport handgun
• wear/carry concealed weapon
• prostitution

AND unless the person is arrested immedately, the person

• may not be apprehended
• may cause phys inj or prop damage to another
• or
• may tamper with, dispose of, or destroy ev

Question 12

if the purpose of the traffic stop has been satisfied, can po continue to detain the car?

Answer 12

it’s considered a second stop

can detain IF independently justified by reas susp

Question 13

MD right against self incrim

Answer 13

Article 22 of MD declaration of rights
construed liberally
probs more comprehensive than 5A

Question 14

Dist ct: IA must happen

Answer 14

within 24h after arrest

Question 15

if D has been charged w a felony that’s not in dist ct juris, dist ct must

Answer 15

advise D of the right to a prelim if he makes the request within 10d of IA

Question 16

purpose of prelim in dist ct

Answer 16

to deter if there’s PC to believe D committed an offense.

Question 17

to accept a G plea, must determine:

Answer 17

plea is vol
understands nature of charge and conseq of plea
factual basis for the plea
if not a US citizen…
sex crime- will be put on the sex offender registry
D should consult counsel if he has any other qs abt the plea

Question 18

omnibus motions- must be raised by motion w.in__ and are :

Answer 18

30d after earlier of IA or counsel entering appearance

defect in instutition of prosecution
defect in charging doc
unlawful search, seizure, ID, wiretap
unlawfully obtained statement
req for joint or separate trial of Ds or offenses

Question 19

mot to compel discov may be filed

Answer 19

10d after discov was due. if due to inadequate discov, 10d after discov was received
-other side has 5d to respon.
must have certificate describing GF attempts

Question 20

if D was arrested without warr,

Answer 20

ct must deter if there was PC
if no, must ROR
if yes, can set bail

Question 21

bail must be

Answer 21

least onerous condition/s that will guarantee D’s appearance/ protect V/ protect community

Question 22

when D gets right to counsel

Answer 22

all critical stages of pros: anywhere where absence of counsel might take away from D’s rt to a fair trial
incl IAs

Question 23

the right to counsel under the Public Defender Act is

Answer 23

significantly broader than the cons rt to counsel

Question 24

date for trial must be set

Answer 24

within 30d of earlier of counsel’s app or IA

Question 25

when joinder is disallowed

Answer 25

if joinder of counts, charging docs, or Ds, ct may of its own initiative or at the req of counsel, order separte stuff, or anything else justice requires

Question 26

D has a rt to trial in circ ct when

Answer 26

cr sbj to penalty of imprisonment or

cons rt to jur trial for the crime

Question 27

when making sure D understands what he’s giving up etc before a G plea will be accepted, they’re making sure the G plea is

Answer 27

knowing and voluntary

Question 28

OOC statements of child Vs

Answer 28

ok fi child is under 12
V of child or sex abuse
ch made statement to dr, physician, nurse, social worker, school person
and
statement has particularized guarantees of trustworthiness
-only admissible if there’s ev that D had the opp to commit the alleged cr

Question 29

NCR means

Answer 29

bc of a mental disorder or retardation lacks subs capacity to
appreciate criminality of conduct
or conform conduct to req of law

Question 30

Burden for NCR

Answer 30

D must prove by prep of ev

Question 31

mot for judg of acq

Answer 31

at the end of st’s case, AND at the end of all ev

-standard: if any relevant ev that is legally sufficient to sustain a conviction, must be denied

Question 32

D entitled to review of sentence by a review panel

Answer 32

if sentenced to 2y+

Question 33

if D wants to appeal from circ ct, must file notice within

Answer 33

30d of final judgment

Question 34

when DJ attaches

Answer 34

NG verdict
granting of motion of judgment of acq
G plea accepted by ct

Question 35

circ ct can remove a case to juvenile ct before a plea is entered if

Answer 35

• D 14-18yo when cr committed
• it’s one of the bad ones that lets the ct do that
• ct determines by a prep of ev that xfer is in the best interest of the child or society

Question 36

how to deter if offenses merge for senteincing

Answer 36

required ev test
when all els of 1 offense are included in the other offense, so that only the latter offense includes a distinct el, the 1st offense merges

Question 37

collateral estoppel/ issue preclusion allowed where

Answer 37

prior final judgment
same D prior resolution of issue was necessary
ex: can’t try D on charges of sex abuse and related offenses where in a prior ch protection proceeding based on the same alleged incidents, ct dismissed the grounds on the basis that there wasn’t sufficient proof that D did them

Question 38

where collateral estoppel is not admissible

Answer 38

crim conviction not admissible to establish truth of facts upon which the conviction was based in a subsequent civil action for damages arising from teh offense for which the person was convicted