Wrong Answers Flashcards
(11 cards)
Search an open field that the owner tried really hard to cover up?
By its terms, the Fourth Amendment is limited to “persons, houses, papers and effects”; it does not extend to open fields. Whether a location is an open field does not turn on whether the owner of the field has taken measures to keep it private, but on whether such expectations of privacy are objectively reasonable. For activities conducted outdoors, a person generally has no reasonable expectation of privacy.
Guy gets charged with robbery and is acquitted. Prosecutor wants to charge him conspiracy to commit robbery. double jeopardy?
No, you can charge for conspiracy to commit a crime after they’ve been tried for that crime already.
Guy is arrested and given Miranda warning. He then stays silent after they ask questions. Prosecutor wants to use his silence to impeach him as witness.
cant use POST MIRANDA silence to impeach but can use PRE MIRANDA to impeach.
Landlord asks police to enter house with him to install microphones without a warrant. police use mics to listen to people in the house and find out they have guns.
Renters have a reasonable expectation of privacy in their rental dwelling.
Guy gets stopped at DUI checkpoint where they only stop every tenth car.
police may stop an automobile at a checkpoint without reasonable, individualized suspicion of a violation of the law if the stop is based on neutral, articulable standards and its purpose is closely related to an issue affecting automobiles. Accordingly, the police were permitted to stop the defendant as part of this sobriety checkpoint.
17 year old kills someone. Has a trial over one year later, so he is 18.
The death penalty may not be imposed on a defendant who was a minor at the time of the commission of the crime. To do so violates the Eighth Amendment’s prohibition on cruel and unusual punishment
Police ask school official to search backpack of student they think stole something.
School officials may search a student without a warrant if (1) they have reasonable suspicion that the student violated a law or school rule, (2) the scope of the search is reasonably related to the suspected offense, and (3) the search is not excessively intrusive. However, a warrant is required if the search is conducted at the direction of the police.
Young kid charged with armed robbery and sentenced to life without parole.
The Eighth Amendment’s prohibition against cruel and unusual punishment forbids imposing a sentence of life in prison without the possibility of parole on a juvenile defendant convicted of a nonhomicide offense.
Judges wife dies so he randomly declares a mistrial
A second trial would violate double jeopardy because there was no real reason for the mistrial.
Guy gets immunity and then is charged with the crime
Use and derivative use immunity precludes the use of a person’s testimony—and any evidence derived from it—against him/her in a criminal proceeding. However, evidence obtained from an independent source can be used.
Company asserts 5th amendment rights
Fifth amendment can only be used by natural persons
