Crim Pro

Question 1

Is entrapment an affirmative defense?

Answer 1

Yes. Can require ∆ to show by PoE that he was entraped.

Question 2

Is evidence of two prior convictions for sale of narcotics allowed in for an existing trial about sale of cocaine to an undercover cop?

Answer 2

Yes. MIMIC Act. to show motive.

Question 3

Is the remedy for an unlawful arrest reversal of the conviction?

Answer 3

NO. An unlawful arrest alone has no bearing on a subsequent criminal prosecution.

Question 4

Woman in fitting room is being watched by undercover detective at a vantage point where she could see into the rooms. Detective saw woman enter, stuff dress into purse, and leave.

By prearranged signal, detective notified police officer near door, who detained the customer. Customer arrested, dress retreived from her purse.

Motion to suppress the dress. Granted?

Answer 4

Grant. 3 Issues.

Issue 1. Was this a search or seizure? Yes. Search by watching fitting room. REP? Yes. closed from public view and REP that won’t be watched.

Issue 2. Was the search by a state actor? Yes. Detective working for police which was conducting surveillance.

Issue 3. Warrant exception? No plain view, no other exception applies.

Thus, violation of 4A. So grant motion.

Question 5

Can death penalty be imposed for accomplice to FM who did not take or intend to take or intend that lethal force be used?

Answer 5

No, would violate 8A. But could still be guilty of FM if it was it is a foreseeable crime during the commission, attempt or flight from the felony.

Question 6

If cops direct a principal to search a students backpack, does the warrantless exception for school searches apply?

Answer 6

No. Would need either PC or a warrant to search. Cannot use the principal to circumvent the warrant or PC requirement.

Question 7

Probable Cause

Answer 7

TRC

Trustworthy Facts or Knowledge (can be in part on anon informant)
RB
Crime Committed

Question 8

Terry Stop

Answer 8

Stop - RS, RT

Frisk - if RB A/D, pat outer. If believe W/C, can seize.

Question 9

Auto Stop

Answer 9

RS that violation of law.
Sniff not search.
All occupants have standing.
Pretext ok.

Question 10

Roadblocks

Answer 10

NAScar

Question 11

Seizures of the Person - General Rule

Answer 11

Gov REPs Wear PPE

Government Action
REP
Warrant - Proper and Properly Executed

Question 12

Warrant Requirement

Answer 12

PCP, NDM, can AntiP

PC, Particularity, Netural Detached Mag

Question 13

Warrant Execution

Answer 13

If you dont execute properly, you SUCK.

Scope
(no) Unreasonable delay
Coming w/ 3rdP unless to ID
Knock + announce

Question 14

Exigent Cir

Answer 14

EE, HP (<15 min), Emer Cir

Question 15

SITLA

Answer 15

A = L, S= L
Scope = Wingspan + Contemporaneous
Can check pockets

RUD - car
RB related to arrest
Unsecured
Destruction likely

Question 16

Consent to Warrantless Search

Answer 16

Must not be product of D or C. E or I.

No landlord, no employer.
Ok if Police RB could give consent.
Scope = RB of what given.
3rdP can give if not there.

Question 17

Auto Exception

Answer 17

Auto = All parts of car where RB thing be.

Anything mobile

Question 18

Plain View

Answer 18

IA (5 senses) + LP + PV + FICE

Question 19

School Search

Answer 19

MC + RR + NEI.

Not allowed if at direction of cops. Then need PC or warrant.

Question 20

Exclusionary Rule

Answer 20

Evidence in violation of 456A inadmissible to prove guilt.

Question 21

Exceptions to Exclusionary Rule

Answer 21

GF SIIIICK

Question 22

Enforcement of Exclusionary Rule

Answer 22

Q for judge, not jury.

Gov est admissibility by PofE.

Can testify @ suppress hear w/o later being admitted against

Question 23

Pre Trial ID

Answer 23

US MIL UIS

not Unnecessarily Suggestive such that mis-ID Likely Unless Independent Source

Question 24

14A DPC Confessions

Answer 24

14 Pretty Cute COWS = exclude fruit + confession

1. Police coercive conduct?
2. Overcome will of suspect?
   = exclude fruit and confession.

Question 25

6A R2C

Answer 25

6A, applied to states thru 14A.

In crim pros, ∆ has right to AoC during ACS AFPS.
FP = IPA, not arrest or booking.

Any attempt to ION W = E
W = KIV

All critical stages, after formal proceedings start.
FP = indict, arraign, prelim hear. not arrest or book.

Illicit incrimination 
O
N
W
E

Question 26

Which amendment requires that the state must prove every element of a crime BRD?

Answer 26

14A, DPC.

Question 27

Can a judge hear new evidence @ a sentencing hearing and determine by a preponderance of the evidence?

Answer 27

No, violation of 6A right to jury trial. Jury must hear the evidence and decide BRD.