Crim Pro

Question 1

Exclusionary Rule- when it doesn’t apply

Answer 1

Does not apply in::
Grand Jury proceedings
civil proceedings
if evidence is used for impeachment purposes of defendant
violaitons of knock and announce rule

Question 2

Overcoming Fruit of Poisonous Tree Doctrine

Answer 2

1. independent source
2. inevitable Discovery
3. intervening Acts of Freewill by Defendant

Question 3

Search and Seizure Analysis

Answer 3

1. Government conduct?
2. Reasonable expectation of Privacy? (standing question)
3. Did the police have a warrant?
   - requires probably cause (a fair probability that the contraband or evidence of a crime will be found and particularity)
4. If the warrant is invalid, do police have a good faith defense?
   - good faith reliance overcomes warrant defects
5. Is there an exception to the warrant requirement?

Question 4

Exceptions to Warrant Requirement

Answer 4

1. Search incident to Arrest
   - can search person and areas within immediate control
   - AUTOS and SIA- can search interior or auto If: Arrestee is unsecured or reasonable belief it contains evidence of crime of arrest
2. Automobile Exception:
   - Can search a car If they have probably cause (but then can search entire care and reasonable containers)
3. Plain view
4. Consent
5. Terry Stop (based on reasonable suspicion)
6. Evanescent Evidence, Hot Pursuit

Question 5

School Search Standards

Answer 5

Kids at extracurricular activities can be randomly drug tested
warrantless searches of public school children effects are valid if they have a moderate chance of finding evidence of wrongdoing, the measures are reasonably related to the objective of the search, and not excessively intrusive

Question 6

Miranda Warnings

Answer 6

Triggerd by Custodial interrogation

Waiver must be knowing and voluntary (under a totality of the circumstances approach)

Question 7

Rights to counsel

Answer 7

• 5th Amendment (miranda)
  
  • not offense specific
• 6th amendment (after charges are brought)
  
  • is offense specific
  • right to counsel at all critical stages of trial

Question 8

Right to a jury Trial

Answer 8

If criminal offense carries penalty exceeding 6 months

At least 6 jurors (need to be unanimous at 6, but not unanimous if more)

Question 9

Ineffective Assistance of Counsel

Answer 9

But of defficient performance of counsel, the result would have been different
Defendant must show particulary errors made by counsel

Question 10

Guilty Pleas and Plea Bargaining

Answer 10

Generally a court will not disturb a guilty plea after sentencing, unless
- plea was involuntary(plea taking ceremony error), lack of jurisdiction, ineffective assistance of counsel, failure of prosecutor to keep an agreed upon plea bargain
Plea taking ceremony- judge must explain the nature of the charge, the penalties involved, inform of right to demand a trial, and all this must be on record

Question 11

Double Jeopardy Exceptions

Answer 11

1. hung jury
2. mistrial for manifest necessity (medical reason)
3. retrial after successful appeal (unless, overturned for insufficient evidence; but can’t be charged with a more serious offense)
4. breach of plea bargain by defendant