Criminal Procedure

Question 1

Who does the Fourth Amendment’s prohibition of unreasonable searches and seizures apply to?

Answer 1

Only to government actors (i.e., not private individuals acting on their own behalf)

Question 2

When does a defendant have standing to contest an allegedly unlawful Fourth Amendment search?

Answer 2

When the defendant has a legitimate expectation of privacy (or an ownership/possessory interest) in the area or item searched at the time of the search.

Question 3

Police may only search for an arrestee in a third party’s home when they have:

Answer 3

• A warrant authorizing the search
• Exigent circumstances or
• The third party’s consent to enter the home

If none of the above requirements are met, then the exclusionary rule requires the suppression of any evidence obtained as a result of the unlawful search

Question 4

Attenuation

Answer 4

If the chain of causation between the primary taint and the evidence has been so attenuated as to purge the taint, the evidence will not be suppressed. Both the passage of time and/or intervening events may attenuate the taint.

Question 5

What does the 4th Amendment do and how is it applied?

Answer 5

It protects citizens against unreasonable searches and seizures and it is applicable to the states via the 14th Amendment

Question 6

What does a defendant need to show to assert a 4th Amendment challenge?

Answer 6

Both government conduct and a reasonable expectation of privacy (REP)

Question 7

What does a defendant need to show to establish Reasonable Expectation of Privacy (REP)?

Answer 7

That they had at least an ownership interest in the place searched or item seized.

Question 8

Define Interrogation

Answer 8

Any words or conduct likely to elicit an incriminating response.

Question 9

Define Entrapment

Answer 9

Entrapment is the conception and planning of an offense by a law-enforcement officer, and his procurement of its commission by a defendant who would not have committed that offense except for the trickery, persuasion, or fraud of the officer.
It requires a showing that (i) the crime is induced by a government official or agent, and (ii) the defendant was not predisposed to commit the crime.

Question 10

What rights and privileges may be invoked at grand jury proceedings?

Answer 10

Constitutional Rights:
1) Privilege against self-incrimination (5th)
2) Equal protection (5/14th)
3) Congressmen’s privilege not to be questioned about legislative activities (speech or debate clause)

Privileges:
1) Attorney-client privilege
2) Spousal privilege
3) Marital communications privilege
4) Psychotherapist-patient privilege

Question 11

What are the requirements for a valid search warrant?

Answer 11

It must be issued by a neutral and detached magistrate based on probable cause, must be supported by oath or affidavit, and must describe the place to be searched and the items to be seized

Question 12

What is a stop?

Answer 12

A limited and temporary intrusion on an individual’s freedom of movement short of a full custodial arrest

Question 13

True or False: The 4th Amendment does not require police to obtain a warrant to search a vehicle if they have probable cause to believe that it contains contraband or evidence of a criminal activity.

Answer 13

True

Question 14

The accused may assert a demand for a severance of the trial of his case from a co-defendant’s case whenever the prosecution intends to introduce a confession that is hostile to one co-defendant, and the confession:

Answer 14

(i) implicates the confessing defendant but is not admissible against the non-confessing defendant; and (ii) cannot be edited to exclude inculpation of the non-confessing defendant.