Trial

Question 1

When is D unable to suppress evidence seized in the search of the defendant’s property pursuant to third-party consent?

Answer 1

1. D was not present at the time the consent was given;
2. The third-party had either actual or apparent authority to consent to the search; or
3. The D gave the third-party rights with respect to the property and assumed the risk that the third-party would allow the search

Question 2

Exclusionary Rule

Answer 2

Evidence obtained in violation of the defendant’s 4th, 5th, or 6th Amendment rights may not be admitted at trial to prove the defendant’s guilt

Question 3

Test for Ineffective Assistance of Counsel

Answer 3

Strickland Test:

1. Counsel’s representation fell below and objective standard of reasonableness; and
2. Counsel’s deficient performance prejudiced the defendant, resulting in the reasonable probability that the outcome would have been different

Question 4

Exceptions to the Exclusionary Rule

Answer 4

1. Inevitable discovery - would have been discovered in the same condition by other lawful means
2. Independent source doctrine - evidence discovered in part by an independent source unrelated to the tainted evidence
3. Attenuation principle - when chain of causation between the primary taint and evidence is so attenuated
4. Good-faith exception- officers acted in good faith in reliance on a facially valid warrant or existing law later declared unconstitutional
5. Isolated police negligence- police conduct was not sufficiently deliberate that exclusion would deter it
6. Knock and announce- if the search violated the knock and announce rule
7. In-court identification- evidence is the W’s in-court identification

Question 5

Prima facie case for absence of a representative cross-section of the community

Answer 5

(i) The group allegedly excluded is a “distinctive” group in the community;
(ii) The group was not fairly represented in the venire from which the jury was chosen; and
(iii) The underrepresentation resulted from a systematic exclusion of the group in the jury-selection process.

Question 6

Exclusionary Rule: Good-Faith Exception

Answer 6

Evidence will not be suppressed if the officers acted in good faith reliance on

1. a facially valid warrant later deemed invalid; or
2. a law later declared unconstitutional

Question 7

Situations where good-faith exception to exclusionary rule does NOT apply

Answer 7

1. no reasonable officer would rely on the affidavit underlying the warrant
2. warrant defective on its face
3. warrant obtained by fraud
4. magistrate has “wholly abandoned his judicial role”
5. warrant improperly executed

Question 8

Requirements for accepting guilty pleas

Answer 8

Voluntary- not the result of force or improper threats or other promises not in the plea agreement

Intelligent- defendant knows (1) nature of the charges and their essential elements, (2) consequences of the plea, and (3) rights the D is waiving

Question 9

Are the fruits of non-Mirandized statements admissible at trial?

Answer 9

Yes, so long as the confession was no coerced

Question 10

Batson Test

Answer 10

1. Moving party establishes prima facie case for discrimination
2. Party who exercised the challenge provides a non-discriminatory purpose
3. Moving party shows the given non-discriminatory purpose is pretextual and that the strike was motivated by purposeful discrimination

Question 11

Blockburger Test

Answer 11

Whether two offenses are essentially the same for double-jeopardy purposes

Two crimes committed in one criminal transaction are deemed to be the same offense unless EACH offense requires proof of an element that the other does not.

Question 12

Remedy for RTC violation prior to guilty plea

Answer 12

D may withdraw his plea, and the plea may not be used as evidence against D

Question 13

Double Jeopardy Protections

Answer 13

Protects against:

1. Second prosecution for same offense after acquittal
2. Second prosecution for same offense after conviction
3. Multiple punishments for same offense