Crim pro Flashcards
(214 cards)
1
Q
constitutional protections only apply when the ____ acted
A
Government or govt agents
2
Q
Can police approach anyone in a public place, tail them, canvass an area, ask questions without reasonable suspicion or probable cause
A
Yes
3
Q
Define when a seizure occurs
A
When an officer by means of physical contact or a show of authority intentionally terminates or restrains a person’s freedom of movement
I.e showing a badge and saying stop, or blocking their ability to move
4
Q
what is the test to determine if a seizure occurred
A
If a reasonable person would feel free to disregard the officer
5
Q
Is ramming a suspect’s car in an attempt to stop the car a seizure
A
Yes
6
Q
What does an officer need when they Terry stop a person
A
reasonable suspicion based on articulable facts to believe the suspect is or is about to be engaged in criminal behavior
7
Q
What is required for an arrest
A
Probable cause (more likely than not)
8
Q
If an officer’s reasonable suspicion is mistaken is that ok for a Terry stop
A
YES
9
Q
During a Terry stop, what can an officer do
A
Pat down a detainee for WEAPONS but he can’t frisk for drugs
10
Q
During a pat down, if the pat down reveals objects whose shape makes their identity obvious as contraband what can an officer do
A
seize the objects and if probable cause develops, make an arrest
11
Q
What happens if the stop is NOT BASED on adequate suspicion?
A
the evidence can not be used at trial. BUT if the stop is unlawful and then the officers develops the basis for a lawful arrest during the stop, the evidence can be used at trial
12
Q
for an officer to stop a car what do they need
A
reasonable suspicion
13
Q
at a checkpoint, do officers need reasonable suspicion
A
No, as long as they pull everyone over or random drivers
14
Q
Once there is a lawful stop, what can an officer do
A
Officers can pat down an occupant of a car for weapons if they have reasonable suspicion the person has a weapon
15
Q
Can you be arrested with or without a warrant
A
Yes
16
Q
Does it matter if the officer stopped you for a different crime but then arrests you for something else
A
No- considered a pretext arrest. Just need probable cause you committed SOME crime
17
Q
Requirements for an arrest warrant
A
-issued by a neutral magistrate
-based on finding of probable cause to believe the individual has committed a particular crime
-must name the person and identify the offense
18
Q
Does an arrest warrant allow officers to enter a person’s home to arrest that person
A
YES but they can NOT enter a different person’s home or business to arrest the person
19
Q
If they don’t have an arrest warrant, officers can arrest someone inside a house only if ——
A
1) exigent circumstances
2) consent
20
Q
When can an officer arrest w/o a warrant
A
- in a public place for a crime committed in the officers presence
- or based on probable cause to believe the individual committed a FELONY
21
Q
If the arrest is illegal, can it still be prosecuted? what about the evidence discovered during the arrest
A
Yes- can still be prosecuted but the evidence may be excluded at trial
22
Q
For a search incident to lawful arrest- what can the officer do
A
Make a contemporaneous search of the person arrested and the immediate surrounding area to protect officers from weapons and prevent destruction of evidence
23
Q
If a subject is arrested on the street, what does search incident to lawful arrest allow an officer to search
A
The suspect and his wingspan
24
Q
If a subject is arrested at home, what does search incident to lawful arrest allow an officer to search?
A
suspect and immediate arrest area
25
If the suspect is arrested in a car, what does search incident to lawful arrest allow an officer to search?
the PASSENGER COMPARTMENT of the car as long as the suspect has access to the car at the time
26
For an inventory search of the car, what can be searched
Any area of the car, after the police arrest a driver and impound his car
27
when officers seize a cell phone during an arrest, do they need a warrant
YES to look at the phone's contents
28
what is a search?
When the govt conduct violates a reasonable expectation of privacy
29
Is a dog on your porch a search?
Yes
30
Is putting a gps device on your car a search
Yes
31
is using a thermal image tracker on your house a search?
Yes
32
Where do people have a reasonable expectation of privacy
Homes, hotel rooms, officers, luggage, curtilage
33
Where do people NOT have a reasonable expectation of privacy
public streets, open fields, garbage cans in the street, abandoned property
34
Is a store clerk searching you a violation of your reasonable expectation of privacy
No b/c not a govt actor
35
Requirements for a search warrant
1. issued by neutral magistrate
2. based on probable cause that the items sought are fruit, instrumentalities, or evidence of crime
3. describes the property and places to be searched w/ particularity
36
If the warrant does not have probable cause or does not describe with particularity, what happens
It is invalid and the items seized will be excluded from trial
37
Is wiretapping a search
Yes- requires probable cause, a warrant, must identify whose conversations are being intercepted and have an end date
38
What are the exceptions to warrant requirement
ESCAPES
E- exigent circumstances
S- SILA
C- consent
A- Automobiles
P- plain view
E- evidence obtained from administrative searches
S- stop and frisk
39
What is required for the exigent circumstances exception to the warrant requirement to apply
officers must be in hot pursuit or there is an immediate danger
40
For search incident to lawful arrest, is a search warrant required
NO- but scope is limited to wingspan, area immediately around the person.
41
Can DNA samples be collected as part of search incident to arrest
Yes
42
Does the consent exception to warrant requirement require officers to warn the subject of his right to refuse consent
NO. Consent can also involve deception by officers
43
Can officers search over the objection of the present occupant
NO. BUT if they arrest the present occupant and the other occupant consents, then they can search
44
For the automobile exception to the search warrant requirement to apply, what is required
officers need probable cause to believe the car contains contraband, then they can search anywhere they think the contraband may be.
But, if looking for machine guns, can't look in tiny places they wouldn't fit
45
For the plain view exception to the search warrant requirement what can officers do
They can seize any item in plain view or plain smell even if that item is NOT named in the warrant
46
What are types of administrative searches that don't require a warrant
Airplane boarding areas, international borders
highly regulated industries like liquor stores, gun stores
Searches of students in public schools
Roadblocks for drunk drivers
47
What does the 5th am allow
A person can't be complied to be a witness against himself
applies only to people not corporations
48
Does the 5th am apply to physical evidence like blood draws
No- only testimonial evidence
49
if someone is given immunity for their statements, can they plead the 5th
No
50
What type of statements are protected by the 5th am- from who to who, and where do you have to be?
by a person to the govt
And statements made as a result of custodial interrogation- custodial- person is in custody in cruiser or in police station.
51
If the person is NOT in custody, can a statement they made be used
YES
52
what is considered interrogation for the purpose of the 5th am
involves an official asking questions or engaging in other words or conduce that the police know or should know will elicit a response. Does not include volunteered statements or routine booking questions.
53
Before conducting custodial interrogations, what must police do
Give miranda warnings
54
If the suspects invokes the right to remain silent or right to counsel what must happen
Interrogation must end
55
Is it enough for the suspect to remain silent
No, the right to remain silentt must be AFFIRMATIVELY invoked- d must say he doesn't want to talk
56
After a substantial period of time, can the police go back to the suspect who said he doesn't want to talk
Yes, but they have to give miranda again
57
How just the right to counsel be invoked
suspect must affirmatively say I WANT A LAWYER
58
If the right to counsel is invoked, all questioning must stop until.....
1) the lawyer is present OR
2) D affirmatively initiates contact with police. Police Can NOT re-initiate contact with D
59
If the d says "I think I should talk to someone" is that invoking right to a lawyer
No
60
do police need to tell defendant that. a lawyer is trying to reach them
No
61
if public safety is immediately at risk, do police need to give Miranda warnings before questioning
No
62
For a confession, what must it be?
VOLUNTARY
63
can a confession be the product of lies
Yes
64
Is an involuntarily obtained confession ever admissible
NO- NEVER
65
Is evidence obtained as a result of involuntary confession admissible
It is presumptively inadmissible
66
How can statements made in violation of miranda be used at trial
Inadmissible in prosecution's case but can be used to impeach D
67
68
What does the 6th am allow
right to counsel for custodial interrogations, assistance of counsel for his defense
69
When does 6th am right to counsel attach
After indictment or formal charges
70
Does the 6th am right to counsel apply if you are in custody or not in custody
Either way
71
What type of prosecutions does the 6th am right to counsel apply to
ALL Felony prosecutions and any misdemeanor prosecutions in which jail time is imposed
72
What stages of the prosecution does the 6th am right to counsel apply
All critical stages- evidentiary hearings, post indictment lineups, post indictment interrogations, all parts of trial
It does not apply to pre-indictment lineups or appeal proceedings
73
Does a defendant have a right to be present at a photo array
No
74
does a d have right to counsel at pre-indictment line up? Post indictment lineUp?
no right to counsel at pre indictment lineup
Right to counsel at post-indictment lineup and if violated, witness id is excluded from trial
75
what is the exclusionary rule
illegally obtained evidence is inadmissible at TRIAL unless an exception applies
76
what type of proceedings does the exclusionary rule apply to
TRIAL not prelim hearings or grand jury
77
exceptions to exclusionary rule
1) knock and announce- if officers executing an arrest warrant fail to knock and announce, evidence can still come in
2) inevitable discovery- if evidence would have been discovered anyway thru lawful means, it can come in
3) indpt source
4) attenuation in causal chain- intervening events and passage of time can remove taint of unconstitutional conduct
5) GOOD FAITH
78
What is the good faith exception to the exclusionary rule
officers who relied on existing law that was later declared unconstitutional or a warrant later found to be defective, as long as acting in good faith, they can use evidence obtained
79
when is suppression of evidence an issue
Only if there is an underlying constitutional violation- of 4th, 5th or 6th am. then ask if exclusionary rule applies and if an exceptions applies
80
Under 5th am, all felony charges must be initiated by ____
indictment by grand jury unless D waives indictment. Indictment requires probable cause to believe d committed the crimes charged
81
Do states require an indictment by grand jury for felony charges
No, they can use a grand jury indictment or an "information"- a prosecutor filing charges. If they use an information- there must be a prelim hearing to determine if there is probable cause
82
what is unique about grand jury hearings
Defendants do not have right to testify
witnesses do not have right to counsel in the room
Juries can hear evidence obtained illegally or hearsay
Hearings are held in secret
Grand jury does not have to be unanimous
83
For a guilty plea to be valid what must the defendant do
knowingly and intelligently waive rights- thru plea allocution
plea can not come thru force, threats
D is entitled to competent assistance of counsel in plea bargaining process after charged
84
What does the 8th am protect
excessive bail
85
bail is usually available unless....
the d poses a flight risk or threat to community
Presumption in favor of bail
86
When does D have a right to a jury trial
For all serious offenses for which the authorized punishment is more than 6 months
87
In a fed criminal case, how many members should be on the jury
12 and decision must be unanimous
states can have juries of 6 or more in criminal cases
88
what are the two ways to remove potential jurors
1. for cause- unlimited
2. preemptory- just can't be for race/sex, # of preemptory challenges limited by statute
89
When doe statute of limitations on speedy trial begine
When crime occurs
90
What factors does a court look at when faced with speedy trial claim
1. length of delay
2. reason for delay
3. whether D asserted his rights to a speedy trial
4. ris of prejudice to D
91
WHen can a court close trial proceedings
if there is a substantial likelihood of prejudice to D
92
Under the Crawford doctrine and confrontation clause, when would a statement be barred
If it is testimonial and the Declarant is UNAVAILABLE and the D had not prior opportunity to cross examine the witness
93
are a defendant's own statements always admissible against him
YEs
94
The prosecution must prove every element of a crime by what standard
Beyond a reasonable doubt
95
The due process clause requires that Judges possess neither ___ nor ___ bias
Actual nor apparent
96
What does the Brady doctrine require
Prosecutors must turn over all exculpatory evidence to defense including
1) evidence that shows D is not guilty
2) evidence that would enable D to impeach credibility of Prosecution's witnesses
97
If there is joint representation of defendants, what must a judge do
If there is an actual conflict of interest, the judge must tell defendants that the joint representation is a risk and give them the opportunity to get separate counsel.
98
What is the Strickland test
to determine if a D was denied effective counsel
1) did lawyer's performance fall below the range of reasonable conduct of lawyers
2) is there a reasonable probablilty that had the lawyer performed effectively, the result would have been different?
99
if it is proven that d was denied effective assistance of counsel, what happens?
conviction gets reversed.
100
Is life without parole for crimes committed while a juvenile constitutional
No
101
For what type of cases can the death penalty be imposed
ONLY IF THE VICTIM DIES
102
for what type of defendants can the death penalty not be imposed
-defendants under 18 when they committed the crime
-suffering from cognitive impairment
- insane at time of execution
103
when does the 8th am provisions preventing cruel and unusual punishments apply?
After you are convicted of a crime
104
What are the three protections of the double jeopardy clause
1. can't be prosecuted for same offense after acquittal
2), or after conviction.
3) can't have multiple prosecutions for same offense
105
can a defendant be tried in to different states or fed/state for same crime?
Yes
106
When does jeopardy attach?
When jury is sworn in or
in a bench trial when the first witness is sworn in
107
if the jury deadlocks or the counsel engages in misconduct, can the D be retried
Yes
108
can a judge enhance criminal sentences beyond statutory maximums based on facts other than those decided by a jury?
NO but sentence enhancements based on priors (without jury approval) is fine.
109
What is a protective sweep
quick and limited visual inspection of home to search where people may be hiding. permitted when an arrest is occurring in a home - part of a search incident to lawful arrest
110
when is a search of an automobile allowed when a person is being arrested
1) if the person is near the car and may pose a threat to the officer's safety or a need to protect evidence from being tampered with
2) if evidence of the crime (for the arrest) may be found in the vehicle
111
what is the plain error doctrine
d who failed to preserve a claim of error in district ct is still entitled to appellate relief if
1) district ct committed error under the law
2) error is obvious
3) error affected D's substantial rights
112
to determine if curtilage is protected what 4 steps are applied
1. proximity of area to home
2. if area is included within enclosure surrounding home
3. nature of uses to which area is put
4. steps taken by resident to protect area from observation by passersby
113
5 situations where the good faith exception would NOT apply
1. no reasonable officer would rely on affidavit supporting warrant
2. warrant is defective on face
3. warrant supported by fraud
4. magistrate has wholey abandoned his judicial role
5. warrant was improperly executed
114
what constitutes an unreasonable search?
1. if the govt invades a place protected by a reasonable expectation of privacy
2. if the govt physically intrudes on a constitutionally protected area for the purpose of gathering info
115
3 exceptions to miranda requirements
1. public safety
2. routine booking
3. undercover police
116
where and how can statements in violation of miranda be used at trial
For impeachment
117
how is evidence obtained from a non- mirandized confession usable
it is admissible at trial as long as the confession was not coerced
118
Does an overnight guest have a reasonable expectation of privacy in a private home
Yes- to the areas of the home the guest had permission to enter
119
is a verdict by 11 jurors ok?
Only if you started with 12 and one was excused for good cause after the trial began
120
what is transactional immunity
= blanket/total immunity. fully protects a witness from prosecution based on testimony
121
what is use and derivative use immunity
Protects from the prosecution using that witness's own testimony or evidence derived from that testimony against the witness
122
when police are interrogating a suspect who has waived his Miranda rights but then there is a long break - several hours, what must police do before resuming the interrogation
Re-mirandized him
123
Which right to counsel applies BEFORE trial but when the suspect is in custodial interrogation
5th am right to counsel
124
Is the 5th am right to counsel automatic?
No, they must affirmatively invoke. If they start talking, they waive the right
125
When does the 6th am right to counsel start
Immediately at trial/judicial proceedings
126
is the prosecutor required to present exculpatory evidence to the grand jury
No
127
If a statement is taken in violation of miranda, is it admissible
NO
128
if Physical evidence is obtained as a result of a non-mirandized statement, is it admissible
Yes- as long as the statement was voluntary and not coercerd
129
Can you assert your 4th am rights in someone else's home?
NO
130
Is an anonymous tip enough for probable cause
NO
131
Under the automobile exception, when can police do a warrantless search of a car
If they PROBABLE CAUSE to believe it has evidence of a crime. Then they can look in any container where evidence could be
132
Does the 5th am priviledge to avoid self incrimination apply to evidence that may subject someone to civil liability
NO
133
can corporations plead the 5th?
NO
134
For Miranda rights, what are the two key factors
D must be in custody and it must be an iterrogation
135
Is a written waiver required for miranda
NO
136
Under the 6th amendment, do you need to affirmatively invoke your right to counsel
NO, it is automatic once you have been charged
137
does the 6th am right to counsel attach to an uncharged crime
No- only current charges. right to counsel is diff for diff charges
138
Can a statement taken in violation of Miranda be used at trial
NO
139
To get the death penalty, what must a jury find
At least one aggravating circumstance (beyond a reasonable doubt)
140
How to start Crim pro essay
The 4th amendment prohibits unreasonable searches and seizures. then check if there was govt conduct. Then does D have standing. Then was there a search or seizure.
141
Define seizure
Govt by means of physical force or showing of authority has restrained person's freedom of movement. Test- would a RP feel free to leave. Typically an arrest.
142
When is the only time a warrantless arrest is allowed
If the officers has probable cause to believe a felony is committed
143
What does a Terry stop require
Reasonable suspicion someone is engaged in criminal activity
144
What is required for a traffic stop-
Reasonable suspicion or probable cause a traffic law has been violated
145
For Crim pro essay, how to discuss seach
When conduct violates D's reasonable expectation of privacy. Explain why D had REP- and why it constituted a search
Then was there a valid search warrant- was there probable cause, particularity
if not, was there a viable exception to warrant requirement
146
describe the exclusionary rule and when it applies
If the 4th am, search and seizure is violated, then evidence obtained is excluded from trial and fruits of the poisonous tree- other evidence obtained from that search is also excluded
147
4 exceptions to exclusionary rule
1. inevitable discovery
2. independent source
3. passage of time
4. good faith
148
Waiver of miranda must be ____ and _____
knowing and voluntary
149
if D invokes right to counsel but later makes a voluntary statement is that admissible
Yes
150
Once D invokes right to counsel under 5th am, can the police ask him about ANY crimes
NO
151
if a first confession is obtained in violation of miranda and then rights are read and D confesses again, would that 2nd confession be admissible
Yes if 1st is result of gf mistake
152
if d invokes right to counsel under 6th am, can police approach D about other charges
Yes
153
Can capital punishment be imposed for felony murder
Yes but D must have killed, attempted to kill or intended to kill the person
154
Is using a trained sniffing dog on someone's porch a search?
Yes
155
What is the block burger test
used to see if two crimes are the same for the purpose of double jeopardy. One element between the two crimes must be different
156
Are Miranda warnings required if the suspect is not aware the interrogator is a police officer- ie undercover person
NO
157
is a volunteered statement blurted out in violation of miranda admissible?
YES. Volunteered statement is not via an interrogation
158
Does an officer need a warrant or warrant exception to take a handwriting sample
NO- no REP in handwriting and it is not a search
159
Can a grand jury consider illegally obtained evidence
Yes
160
if a confession comes immediately after an unlawful arrest should it be suppressed
Yes b/c too closely tied to unlawful arrest
161
Are the 5th am protection against self incrimination and Miranda warnings limited to US citizens
NO, non citizens are entitled to same protections
162
Does an illegal arrest- w/o a search warrant require dismissal of the charge if the person was properly charged
NO
163
if police seek issuance of an ANTICIPATORY search warrant when is probable cause met?
1. at the time of issuance there is PC to believe the triggering condition will occur AND
2.if condition does occur there is a fair probability that contraband or evidence of the crime will be found at place to be searched
164
When is in court identification testimony admissible
only if sufficiently RELIABLE
165
Does an improper out of court id always taint an incur id?
NO, in court id is only suppressed if deemed unreliable
166
school officials acting independent of law enforcement need ___ that a student is violating the law or school rules to conduct a search
Reasonable suspicion. But methods to conduct search must be
- reasonably related to objective of search
-Not excessively intrusive considering kid's age, sex, nature of infraction
167
Does probable cause to believe a vehicle contains evidence of a crime justify a warrantless search of passenger?
No
168
For double jeopardy to apply, what needs to happen in first prosecution
- jury was impaneled, sworn in and judge heard evidence
-and 1st prosecution ended with conviction, acquittal or mistrial
169
can a statement in violation of miranda be used to impeach
YES
170
if one offense is the lesser included offense of another are they considered the same for double jeopardy
Yes unless an event necessary to establish the greater offense occurred after a plea was entered or the greater offense was charged before the plea
171
Is a plane/helicopter flying at 500 ft a search
NO
172
Does a confession to an informant in your cell violate your right to self incrimination or right to counsel
NO- as long as the informant does not question the suspect or do anything to ELICIT an incriminating response
173
do jurors hearing death penalty case have to be willing to impose the death penalty
Yes
174
are road side stops usually custodial
NO
175
for an interrogation to be custodial does a suspect need to be aware he or she is dealing with an agent of the govt
YES- i.e if they are talking to an undercover officer it is not custodial
176
What are factors to determine "custody" for miranda
location and duration of questioning
statements made in questioning
Physical restrains
Manner of interrogation.
IT is subjective
177
right to jury trial is when at state and fed level
At fed level all the time due to 6th am
At state level - in criminal trials involving sentences > 6 mo in prison
178
police may NOT randomly stop cars unless
1) reasonable suspicion of violation of the law
2) stop if based on neutral, articulable stds
179
When is a search of a car permitted w/o a warrant
If the police have probable cause- then they can search anywhere that could hold the evidence they are looking for- even in a locked container
180
define custody
formal arrest or restraint on freedom of movement associated with formal arrest. Whether RP would have believe he could leave given totality of evidence
181
4 factors to determine if curtilage is protected
1. proximity to house
2. if included in enclosure around house
3. nature of use of area
4.steps taken by resident to protect area from observation by passersby
182
Priviledge against self incrimination applies to what type of cases
CRIMiNAL CASES ONLY
183
for the plain view exception to apply-
1. officer must be lawfully on premises
2. unlawful nature of item is apparent
3. officer has lawful access to item
184
is derivative physical evidence from a non- mirandized confession admissible
Yes
185
what is the open fields doctrine
property outside the curtilage of the home is not protected by the 4th am, even if fenced or no trespassing signs. No REP in open fields
186
If police get consent to search from a party they reasonably believed had authority to consent to search but he didn't, is that ok
Yes so long as police reasonably believe he had authority
187
Can the govt conduct warrantless searches of business in highly regulated industries (like gun shops) due to urgent public interest
YES- b/c highly regulated industry, urgent public interest--> NO warrant required
188
Is getting DNA samples from felon ARRESTEES a violation of their 4th am rights
NO
189
Under the automobile exception- can officers search the truck
Yes, if there is probable cause to believe evidence is in the trunk. Remember, automobile exception requires probable cause to believe evidence of crime is in the car
190
Under Search incident to Lawful arrest, what part of the car can officers search
Just passenger area- NOT the TRUNK, and can only search the car if it is reasonable to beli3eve it has evidence of the crime for which the suspect was arrested... So if arrested for a failure to pay child support, can't search the car!!
191
What can be the basis of a search of school lockers by public school officials?
Reasonable suspicion.
192
Is random drug testing allowed for public school kids involved in an extracurricular activity
Yes- as an administrative search
193
For emergency circumstances- i.e hot pursuit of suspect, officers need what?
Probable cause to believe suspect committed a crime and is in a particular place or if there is a serious injury or threat of injury or evidence of a crime will likely disappear before warrant can be obtained
194
For a Terry FRISK, what does an officer need
reasonable belief the suspect is armed and dangerous. Can only frisk for weapons
195
For a Terry stop, what does an officer need
Reasonable suspicion that criminal activity is afoot
196
To prove ineffective assistance of counsel, what two things must a D show
1. lawyer's performance fell below objective std of reasonableness and
2. there is a reasonable probability that but for the shitty lawyer, the result would have been different
197
If the fact pattern mentions "GRAND JURY" what should you be thinking
No lawyer required
Exclusionary rule does NOT apply
198
two types of immunity- what is the difference
Use and derivative use immunity vs
transactional immunity
Use and derivative immunity- prosecution will NOT use witness's testimony against him in later trial BUT W can still be charged with crime
Transactional immunity- blanket/total immunity. Prosecution will Not prosecute W for any crime he testifies about
199
If offered immunity, does D have to testify
Yes- can't plead the 5th
200
does the exclusionary rule apply to civil proceedings? I.e wrongful death lawsuits
NO- so... evidence obtained in violation of rights CAN be admitted
201
two prong test used to determine if out of court identification is admissible
To prevail, the defendant must demonstrate that
1) the procedure was impermissibly suggestive and 2) that there was a substantial likelihood of misidentification.
202
Can passengers in a car challenge a search of thay car? What about a seizure?
Passengers can NOT challenge a search of the cat but they cAN challenge an unconstitutional seizure of the car
203
Does the exclusionary rule-evidence taken in violation of 4th am right- apply in deportation hearings?
No
204
Would questioning a suspect who is in extreme pain from an injury - gunshot wound- render the confession involuntary
Yes
205
Is a person pulled over for a traffic stop "in custody" for miranda purposes?
No
206
Is a person on parole or probation considered "in custody" for miranda
No
207
Does being in prison for one crime automatically place prisoner in custody when officers question him abt another crime
No
208
Can police question a subject after a significant break if the subject initially invoked right to counsel?
No
209
If suspect invokes right to silence can police later try again to question him after significant break
YES
210
When confession is obtained without miranda warninga, can fruits of confession be entered into evidence at trial?
Yessss
211
Does fraud in inducement equal consent for sex or can someone be charged for rape if they say they will marry u if u have sex with them
It equals consent
212
For misdemeanors, when is a defendant entitled to court appointed counsel
Only if conviction could result in jail sentence
213
6th am guarantees rt to jury trial for all felonies and what types of misdemeanors?
All felonies andnon petty misdemeanors-so ones with punishment of greater than 6mo in jail
214
What is requirwd by 4th am prior to entering a house to execute a search warrant
Must knock and announce. Identidy self. Unless exigent circ.
If no knock and announce= violation of 4th
