Criminal Procedure

Question 1

exclusionary rule

Answer 1

evidence obtained in violation of a defendant’s Fourth/Fifth/Sixth amendment rights must be suppressed
[Note: applicable to states via 14A]

Question 2

Fourth Amendment

Answer 2

protects persons from unreasonable search and seizure by the government in places where they have a reasonable expectation of privacy

Question 3

arrest (minimum standard)

Answer 3

probable cause

Question 4

traffic stop (minimum standard)

Answer 4

reasonable suspicion a law has been violated

Question 5

search (and exceptions to the general rule)

Answer 5

generally, government needs a search warrant to violate D’s reasonable expectation of privacy.

Exceptions:
- Exigent circumstances
- Search incident to lawful arrest
- Consent
- Automobiles
- Plain view
- Evidence from administrative searches
- Stop & frisk

Question 6

Miranda rights

Answer 6

statements made during custodial interrogation are inadmissible to prove guilt unless D apprised of Miranda rights:
– right to remain silent
– statements may be used in court
– right to an attorney
– an attorney will be provided if defendant cannot afford one

NOTE!! Statements gathered in violation of Miranda can be used to impeach defendant if statement was voluntary and trustworthy.

Question 7

involuntary confessions

Answer 7

never admissible, but subject to the “harmless error” test

Question 8

fruits of the poisonous tree (and exceptions)

Answer 8

evidence derived from tainted evidence is also inadmissible

Exceptions:
– inevitable discovery
– independent source
– attenuation
– good-faith reliance
– not applicable to isolated negligence by law enforcement

Question 9

search warrant exception: Automobiles

Answer 9

probable cause to believe automobile contains evidence of crime
can search anywhere that probable cause supports, including trunk & locked compartments

Question 10

test if peremptory challenge was discriminatory

Answer 10

(i) moving party must establish prima facie discrimination
(ii) other party must provide race-neutral reason for strike
(iii) moving party must prove the reason is pretextual

Question 11

double jeopardy

Answer 11

a defendant has a 5A right to be free from double jeopardy for the same offense

the Blockburger test says that two crimes are NOT the ‘same offense’ if each requires the gov’t to prove an element that the other crime does not have

Question 12

Apprendi doctrine

Answer 12

any fact, other than a prior conviction, that a judge uses to increase a sentence beyond the statutory maximum must be found by a jury beyond a reasonable doubt

(sentencing judges may not increase a defendant’s sentence beyond the statutory maximum sentence based on their own findings of fact)

Question 13

capital punishment for felony murder

Answer 13

capital punishment for felony murder may be constitutional if EITHER:
– the accomplice killed, attempted to kill, or intended to kill
– the accomplice significantly participated in underlying felony and acted with reckless indifference to human life

Question 14

ineffective assistance of counsel

Answer 14

(i) deficient performance (atty’s representation fell below objective standard of reasonableness)

(ii) prejudice (there was a reasonable probability the outcome would have been different)

Question 15

Brady violation

Answer 15

Brady v. Maryland says that prosecution must turn over evidence that is both:

— favorable to defendant

— material, meaning a reasonable probability of different outcome had it been disclosed