CRIM - General Definitions

Question 1

Solicitation

Answer 1

1. Encouraging
2. another
3. to commit a crime
4. with the specific intent
5. that the crime be committed

“A asked B to rob the corner liquor store.”

Question 2

Conspiracy

Answer 2

1. An agreement
2. between two or more people
3. to commit an unlawful act
4. with the specific intent
5. that the crime be committed

“A asked B to rob the corner store. B agreed.”

Question 3

Liability of conspirators

Answer 3

1. Conspirators
2. are liable for each others actions
3. committed during the course of and in furtherance of the conspiracy

“A and B (who had an agreement to commit an unlawful act with the specific intent that a crime be committed) are liable for each others actions”

Question 4

Handgun Violation

Answer 4

• Should NOT be charged for use/possession of a gun that does not use gunpowder

Question 5

Carrying a deadly weapon

Question 6

Reckless Endangerment

Answer 6

1. Conduct
2. that creates a substantial risk
3. of death or serious bodily injury
4. that the actor disregards

Question 7

2nd Degree Assault

Answer 7

1. placing one
2. in reasonable fear
3. of an imminent battery

“A pointed the gun at C”

Question 8

1st Degree Assault

Question 9

Theft (Larceny Form)

Answer 9

1. The tresspassory
2. taking
3. and carrying away
4. of the personal property
5. of another
6. with the intent to deprive

“A took the contents of the cash register.”

Question 10

Robbery

Answer 10

1. The tresspassory
2. taking
3. and carrying away
4. of personal property
5. of another
6. with the intent to deprive
7. by use of force

“A committed (above) theft while pointing the 9mm.”

Question 11

1st Degree (Felony) Murder

Answer 11

1. The killing
2. of one human being
3. by another
4. commited during the course of
5. certain enumerated felonies

Question 12

Possession of Marijuana with the intent to distribute

Answer 12

Large quantity - suggests that it is more than for personal use

Question 13

Attempt

Answer 13

1. Taking a substantial step
2. toward the commission of a crime
3. with the specific intent
4. that the crime be committed

Question 14

The 4th Amendment’s Search and Seizure Clause - starter statement & requirements

Answer 14

1. applicable to the states
2. through the 14th Amendment Due Process Clause,
3. prohibits governmental warrantless searches
4. and seizures
5. with limited exceptions.

“C, a police officer effected the traffic stop of A’s car without a warrant.”

Rule:

• To search or seize, gov’t needs a warrant or an exception
• Warrant S & S: presumptively valid;
• Warrantless S & S: presumptively invalid, but lots of exceptions

Applies Where:

• STATE ACTION;
• D has STANDING; and a
• SEARCH OR SEIZURE.

(If yes to all 3 – 4th applies; if no to any one 4th does not apply)

Question 15

Stop & Frisk Exception

Answer 15

1. A warrantless
2. traffic stop
3. is permitted where
4. the officer
5. has reasonable articulable suspicion
6. to believe the suspect violated the traffic laws

“A ran a stop sign, in full view of C.”

Question 16

The Pretextual Stop Rule

Answer 16

1. An otherwise valid stop
2. is NOT invalidated
3. because the officer
4. uses a minor offense
5. as a pretext
6. to mask the real reason for the stop

“Even if officer’s main reason for the stop was based on a suspicion of drug activity because of A’s presence in a high crime area and open air drug market, the stop was nevertheless valid because A ran the stop sign in front of officer.”

Question 17

Duration

Answer 17

1. A stop
2. may last no longer than necessary
3. to effectuate its objective.

Question 18

Automobile Exception

Answer 18

1. Validates a warrantless search
2. of a vehicle
3. where the officer
4. has probable cause
5. to believe there is contraband
6. in the vehicle

“The positive erasontion to the presence of drugs by the trained and certified cocaine sniffing K-9 drug dog gave officer probable cause to believe that there were drugs in the car.”

Question 19

Search pursuant to the Automobile Exception

Answer 19

1. may include closed containers
2. in the car
3. capable of holding the suspected contraband

“The closed duffel could hold drugs, making the duffel proper to search.”

Question 20

Plain View Exception

Answer 20

1. Validates a warrantless seizure
2. where there is a prior valid intrusion
3. and an item is seen
4. in plain view
5. that is immediately apparent
6. as evidence of a crime

“Because officer had the riht to search the duffel, when officer found the cocaine inside, officer had the right to seize it.

Question 21

Search Incident to Lawful Arrest Exception - 4th Amendment S & S

Answer 21

1. permits police
2. to make warrantless search (Full blown search)
3. where search is incident to lawful arrest. (arrest based on a warrant or different exception)

Cars – includes car’s interior if: arrestee has access to car at time of search, OR if search for evidence of crime for which person was arrested.

Question 22

Exclusionary Rule

Question 23

Fruit of the Poisonous Tree Doctrine

Question 24

Requirements for 4th Amendment Search & Seizure Clause to apply

Answer 24

1. State action - searcher/seizer was a gov’t employee or gov’t agent, or actor under influence/control of state agent
2. Standing -
   D had a reasonable expectation of privacy in the place searched
3. Search or Seizure - any action that is an invasion of some reasonable expectation of privacy

Question 25

Accosting

Answer 25

1. an **encounter** 2. with a **state actor** 3. where a **reasonable person** 4. **would feel free to leave** 5. and is **NOT a search and seizure**.

Question 26

Reasonable Expectation of Privacy – Examples (for review/reference only)

Answer 26

* Yes – home, body, overnight house guests, car owner/drivers * No – mere daytime guests, guests for illegal purposes, car passengers, open places (open fields doctrine) * Reduced REP – schools, airports, prisons * Abandoned Property – where property was voluntarily abandoned, D has no standing; if coerced abandonment (the illegal search or seizure cause D to abandon the e/v), D has standing. * Citizens and legal residents/legal aliens – have full 4th Amend. protections.

Question 27

4th Amendment - State Action Requirement

Answer 27

1. the searcher/seizer was a gov’t employee or gov’t agent, 2. or actor under influence/control of state agent

Question 28

4th Amendment - Standing Requirement

Answer 28

1. present where **D** 2. had a **reasonable expectation** 3. of **privacy** 4. in the **place searched**

Question 29

4th Amendment - Search or Seizure Requirement

Answer 29

1. any **action** 2. that is **an invasion** 3. of some **reasonable expectation** 4. of **privacy**.

Question 30

4th Amendment - Seizure

Answer 30

1. an **encounter** 2. with a **state actor** 3. where a **reasonable person** 4. **would NOT feel free to leave.** 5. **State actor** must **make a show of authority or use of force** 6. to **seize** 7. and **D yields** or is captured.

Question 31

4th Amendment - Stop (definition)

Answer 31

1. **limited detention** 2. for **investigative purposes** 3. in which a **reasonable person** 4. **would NOT feel free to leave** 5. **OR an item is detained for brief period**.

Question 32

4th Amendment - Arrest

Answer 32

1. where a **reasonable person** 2. would feel **freedom to leave** 3. was **restricted in a significant way** 4. or where **item is taken and fully searched/kept**.

Question 33

4th Amendment - Frisk (limited search)

Answer 33

1. a **cursory** 2. **pat down** 3. of the **outer clothing** 4. for **weapons**.

Question 34

4th Amendment - Full Blown Search

Answer 34

1. a **full search** 2. of a **person or property**.

Question 35

4th Amendment - Probable Cause

Answer 35

1. 4th Amendment 2. requires **probable cause** 3. with few exceptions 4. a**nd a warrant** 5. with many warrant exceptions

Question 36

4th Amendment - Probable Cause for Arrest

Answer 36

* A **reasonable belief** * making it **more probable than not**, * that the person committed crime. * Viewed with the **totality of the circumstances**

Question 37

4th Amendment - Probable Cause for Search

Answer 37

1. **Reasonable belief** 2. making it m**ore probable than not** 3. that e**vidence is in place to be searched** 4. Viewed with the totality of the circumstances

Question 38

4th Amendment - Probable Cause for Seizure

Answer 38

1. **Reasonable belief** 2. making it **more probable than not** 3. that **item t**o be seized 4. is **evidence of a crime or contraband.** 5. Viewed with the totality of the circumstances)

Question 39

Staleness

Answer 39

Where PC is too old to justify its use. (time between information and obtainment of warrant; time between obtainment of warrant and use/search)

Question 40

Consent Exception - 4th Amendment Search & Siezure

Answer 40

S or S without a warrant is presumptively invalid. HOWEVER 1. a warrantless search or seizure 2. is permitted where 3. D’s voluntary consent/waiver given. Note: * The search must be limited to a reasonable interpretation of the terms of the consent. * 3rd Party Consent only ok where Mutual use, common areas. N * NO consent if other authorized person is present and affirmatively objects to consent.

Question 41

Warrantless Arrest Exception - 4th Amendment S & S

Answer 41

S or S without a warrant is presumptively invalid. HOWEVER 1. Warrantless Arress Exception 2. permits police to make warrantless arrest 3. where public place or where police have a right to be, 4. misdemeanor committed in officer’s presence; 5. or felony, and is supported by probable cause.

Question 42

Plain View/Plain Feel Exception - 4th Amendment S & S

Answer 42

S or S without a warrant is presumptively invalid. HOWEVER 1. Plain View/Plain Feel Exception 2. permits police to make warrantless seizure of property 3. where item observed in plain view/feel/sense 4. and immediately apparent 5. that the item is contraband or evidence of crime

Question 43

S or S without a warrant is presumptively invalid. HOWEVER 1. Evanescent Evidence 2. permits the police 3. to make a warrantless search or seizure, 4. where evidence easily and likely to be destroyed.

Answer 43

Evanescent Evidence – permits the police to make a warrantless search or seizure, where evidence easily and likely to be destroyed.

Question 44

Stop - 4th Amendment (requirements for valid)

Answer 44

For a valid stop there must be: 1. There must be a **reasonable articulable suspicion** 2. that there is **criminal activity afoot** 3. **and person detained is involved.** A lawful stop permits the police to stop a person / vehicle and investigate consistent w/ suspicion

Question 45

Frisk - 4th Amendment

Answer 45

For a valid frisk, officer must have: 1. a **reasonably articulable suspicion** 2. **that the person is armed and dangerous.** Note: If the frisk yields confirmation of the suspicion, a limited search may be conducted for the weapon. Permits police to make warrantless frisk (cursory pat down of outer clothing for weapons; seizure of items that feel like weapon permitted) of a person/vehicle for weapons.