Crim Pro

Question 1

4th Amendment

Answer 1

The fourth amendment

1) protects against unreasonable searches and seizures and

2) requires warrants to be issued only upon a showing of probable cause that particularly describing the place to be searched and the person or things to be seized.

4th Amendment rights are personal and may not be asserted vicariously to a 3rd party. A defendant cannot successfully challenge governmental conduct as a violation of the Fourth Amendment protection against unreasonable searches and seizures unless the defendant himself has been seized or he has a reasonable expectation of privacy with regard to the place searched or the item seized.

Question 2

5th Amendment

Answer 2

Provides, among other things, that no person shall be compelled to be a witness against himself (take the fifth)

Question 3

6th Amendment

Answer 3

Provides right to an impartial jury, speedy and public trial, confront witnesses, and assistance of counsel

Question 4

4 key questions to ask when approaching a 4th Amendment Q

Answer 4

1. Was there a search or seizure? If so, was it conducted by a gov actor?
2. Was there probable cause?
3. Was there a valid warrant? (was the warrant defective or did the police act in bad faith?
4. Was there an exception to the warrant requirement?

Question 5

Constitutional Protections & Gov Action

Answer 5

Constitutional Protections do not apply to the action of private parties unless those private parties are engaged as government agents.

Question 6

Arrests and Seizures

Answer 6

Police can approach anyone in public and unless encounter becomes a seizure, no real constraint on what they can do & no protection against what they discover

Seizure – Occurs when officer, by means of physical force/contact or show of authority intentionally terminates or restrains person’s freedom of movement.
* Test: whether a reasonable person wld feel free to disregard the officer
* Assuming there was a seizure, next issue is whether seizure violated D’s rights.
4th Amend. Permits detention for a brief
period of time if popo have reasonable
suspicion based on articulable facts that indi in
q has been recently involved in crim activity.
Whether reasonable suspicion exists
based on totality of circumstances.

Question 7

Types of Seizures - Stop & Frisk/Terry Stop

Answer 7

A Terry Stop occurs when an officer stops an indi when officer has a reasonable suspicion, based on articulable facts, to believe suspect is or is abt to be engaged in crim behavior.

• An officers reasonable mistake of law can give rise to reasonable suspicion
• During a Terry Stop, officer can pat down a detainee for weapons but cannot frisk for evidence.
  If pat down reveals objects whose shape
  makes identity obvious, officer can seize those
  objects (obvious that they are contraband)

      If probable cause develops during stop, can 
          arrest.

• Consequences of a stop that is NOT based on adequate suspicion:
  If the initial stop is unlawful, but the officer
  develops the basis for a lawful arrest during the
  stop, then evi seized can be used at trial.

         If initial stop is unlawful, and no basis develops 
         to make a lawful arrest, then evi seized during 
         arrest cannot be used at trial.

Question 8

Types of Seizures - Traffic Stop

Answer 8

Must have reasonable suspicion to stop a car

Once lawful stop, officers may pat down an occupant for weapons if reasonable suspicion that person has a weapon

Exception: Checkpoints—DO NOT NEED reasonable suspicion to stop drivers if they pull over everyone

Question 9

Types of Seizures - Arrests

Answer 9

Must be probable cause to believe that arrest indi has committed a crime
The test is whether a reasonable officer, knowing these facts, wld believe (NOT THE APPLICABLE OFFICER)

Can be w/ or w/o an arrest warrant

Pretext arrest: as long as police have probable cause to believe an indi committed a crime, it is irrelevant whether the officer stopped that person for the crime for which there is probable cause or for some other crime.

Question 10

Burden of Proof Hierarchy in Crim Pro

Answer 10

Burden Hierarchy:
Beyond a reasonable doubt -> conviction

Probable cause -> arrest
RB: Probable cause (PC) exists if there is knowledge
of reasonably trustworthy facts and circumstances
to believe the items sought are fruit or instruments
of crime

Reasonable suspicion -> stop