Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

Bar Exam > crim pro > Flashcards

crim pro Flashcards

(66 cards)

Start Studying
1
Q

What are the four areas of concern for fourth amendment purposes?

A

person, home, papers and effects

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Does law enforcement need a warrant to search you in public?

A

No

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What are the factors that distinguish curtilage from open fields?

A

proximity to home
whether area is enclosed within the same fence as the home
subjective efforts to shield area from public view; and
whether area is used for residential purpose

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Does peering through the exposed portion of a backyard implicate the Fourth Amendment?

A

No

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What is the Katz test to determine whether there’s been a search for 4a purposes

A
  1. Does person have subjective exp of privacy?
  2. Is that exp one society is prepared to deem reasonable.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Does a person visiting a friend but not staying overnight have a reasonable expectation of privacy at the friend’s house?

A

No; no standing to exclude evidence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

When has a seizure occurred for 4a purposes

A

When a reasonable person wouldn’t feel free to terminate an encounter with law enforcement.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

warrant requirement

A

Generally, to conduct a search consistent with the 4a, one requires a warrant.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Warrant Exception: Automobile

A

No warrant necessary to search an automobile so long as officer has pc

may not apply to motor homes that aren’t readily mobile by the turn of a key.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Warrant Exception: Automobile SIA

A

can search the passenger compartment of an automobile after valid arrest if arrestee not safely detained.

If arrestee is safely detained, then you need a reason to believe that evidence relevant to offense may be discovered

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Automobile inventory search

A

arrestee’s car may be searched as part of an inventory search conducted pursuant to official law enforcement policy.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Plain view

A

evidence may be seized so long as
1. it’s observed from a lawful vantage point; and
2. it’s illegality is immediately apparent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

exigent circs

A

hot pursuit of fleeing suspect

officer reasonably believes
evidence will be destroyed

officer reasonably believes entry necessary to render medical assistance or prevent harm

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

SIA

A

arrestees personal prop in immediate possession

immediate area around arrestee

breathylizer

dna if arrested for felony

No need for pc or rs

justified by 1. officer safety 2. prevent destr. of evidence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Protective sweep

A

cursory visual inspection of places where person might be hiding in a home after lawful arrest.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

consent to search

A

toc

characteristics of person searched

improper officer behavior

search must be within scope of the consent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

parolee/probationer

A

rs required for probationer if warrantless searches condition of parole

no suspicion for parolee if condition of parole

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

public arrest

A

no warrant

rs that crime was committed by suspect

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

home arrest

A

arrest warrant required
reasonable basis to believe suspect inside if unaccompanied by search warrant

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

warrant requirements

A

neutral and detached magistrate

particularity of place and items

sworn application identifying the basis for officer’s pc

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Probable cause

A

facts and circs that would justify a reasonable officer’s belief based on what is known to him at the time that a crime has been committed, that evidence will be found, or that someone in process of committing crime

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

rs

A

specific and articulable facts justifying an officer’s suspicion that criminal activity is afoot.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Terry Stop and Inquire

A

RS that crim act is afoot required

brief detention/seizure and questioning

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Terry stop and frisk

A

rs that suspect has weapon

weapon can be seized

contraband too if it meets the requirement for plain view/sense exception

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
exclusionary rule standing
commercial visitors to one's home may not exclude overnight guests can automobile passengers cannot challenge unconstitutional search automobile passengers can challenge unconstitutional seizure.
26
Independent Source Exception
evidence that would have been found pursuant to an independent source of pc unrelated to illegal search cant be excluded
27
inevitable discovery
applies if le would have without violating the 4a found the evidence inevitably.
28
good faith exception to exclusionary rule
officer's reasonable reliance on invalid warrant officer's reasonable reliance on technical mistake suggesting warrant exists officer's reasonable reliance on law at time of search but later declared uncons.
29
What does 5a privilege against si apply to?
interrogation by law enforceement criminal defendants decision not to testify those called to testify at all kinds of hearings (can be construed against non criminal defendants)
30
preconditions for valid 5a invocation
possibility of si compulsion to testify required response is testimonial
31
testimonial
communication with law enforcement for purposes of reconstructing past events for use in a criminal prosecution not compelled speech in a lineup not compelled speech in a
32
act of production doctrine
if producing documents would be an incriminating act, suspect may raise 5th a objection. can't raise it in response to content of docs themselves
33
Immunity necessary to compel testimony/production despite 5a si objection
derivative use prevent use of testimony from use against him in subsequent pros. prevent use of evidence derived from testimony (no need for transactional immunity)
34
5a and corporations
doesn't apply
35
Involuntary confessions
whether under the toc, (1): police subjected suspect to coercive conduct; and (2): conduct sufficient to overcome the will of suspect
36
coercive conduct
small room/closed door display of firearm number of officers free to leave? deception?
37
overcoming of will
conduct of le suspect's individual characteristics
38
involuntariness found
use of significant physical force credible threat of death or serious bodily injury interrogating suspect starving suspect refusing suspect sleep
39
motion to suppress confession
hearing outside jury's presence
40
When must Miranda rights be read?
before 1. custodial 2. interrrogation
41
Miranda custody
More serious than typical seizure formal arrest or its functional equivalent restraints, demanding tone, location, position of officers' bodies, number of officers not a traffic stop not stop and frisk no probationers or parolees if part of condition no consideration of the individual characteristics of the person potentially in custody.
42
Miranda 5a si
must be invoked unambiguously police may interrogate again significant lapse of time not offense specific waived if suspect keeps talking following reading of rights
43
miranda right to counsel
must be invoked unambiguously not offense specific police may not interrogate without lawyer present cannot be waived without lawyer present once invoked unless there's been a break in custody for 14 days.
44
Miranda exclusionary rule
only confession suppressed; not any fruits of the confession second confession after miranda warnings following confession without Miranda warnings not unconstitutional and shouldn't be excluded unless seen as part of a continuing unwarned sequence of questioning.
45
miranda interrogation
words an officer should know are reasonably likely to elicit an incriminating response. not conversations between officers.
46
6a rtc
applies to all critical stages after defendant has been formally charged not to lineups prior to initiation of adversary proceeding offense-specific
47
charged for 6a purposes
arraignment appearance in court for preliminary hearing information/indictment
48
What does the 6th amendment right to counsel prohibit
prohibits an officer from deliberately eliciting an incriminating statement ABOUT THE MATTER HE'S BEEN CHARGED IN RELATION TO once adversarial proceedings have commenced
49
attachment for crimes without jail time
attaches only if the court actually imposes at least one day of jail time
50
ineffective assistance of counsel
1. deficient performance 2. prejudice
51
bright line ineffective assistance of counsel violations
failing to advise of potential immigration consequences of guilty plea failing to seek out mitigating evidence for the sentencing phase of a capital case
52
pretrial ids following 6a rtc attachment
applies for live lineups doesn't apply for photo arrays
53
6a right to jury trial
applies if penalty is more than 6 months jail 6 members required unanimity required
54
5th and 14th amendment due process
requires jurors to find all elements brd requires jurors to find all facts increasing statutory max sentencing brd no directed verdicts in favor of pros.
55
equal protection Batson
no discriminatory practices in jury selection prima facie case of discrimination burden shifts to other party who must offer a nondiscriminatory explanation
56
actual seating required (removal for cause)
defendant not prejudiced where judge wrongfully fails to remove juror for cause if juror removed anyway using peremptory challenge.
57
capital jurors
may be removed for cause if categorically opposed to death penalty (not merely because they express reservations about it). also if it would substantially impair him from impartially deciding whether death penalty is warranteed
58
confrontation clause:
waivable prohibits introduction of testimonial hearsay unless out of court declarant was subject to cross examination under oath by defendant. resolving ongoing emergency not testimonial
59
confrontation clause rt to personally confront
showing of good cause required to permit witness to testify without seeing defendant child victim by cc television only upon showing that its necessary to protect child's well-being
60
due process right to be present during critical stages: when is it waivable?
defendant doesn't show up defendant is disruptive
61
due process: appearance
rt to wear street clothing rt not to be restrained
62
due process presumption of openness
trials presumptively open to public can be closed only if there's a compelling interest and it's the lre
63
6a limited right to self representation
trial court must engage in colloquy to ensure defendant knows of advantages of counsel and risks of self representation must satisfy knowing voluntary and intelligent requirement may not apply to those with mental health issues may be revoked if ▲ engages in obstructive behavior.
64
guilty plea
record must reflect plea was knowing, intelligent and voluntary record must reflect ▲ understands he's waiving right to jury trial, confront witness and remain silent; and that defendant was informed of punishment range and elements of offense.
65
initial pc hearing
warrantless arrests require prompt pc determination within 48 hrs: presumptively constitutional under 4a unless def. shows determination wrongfully delayed after 48: presumptively unconstitutional unless govt carries burden to show emergency justifying delay.
66
Preliminary hearing
judge determines whether pc exists defendant entitled to be present, represented by counsel and to cross examine witness

Bar Exam (7 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions