Criminal Procedure

Question 1

What does the 4th Amendment protect against?

Answer 1

The 4th Amendment protects individuals from unreasonable searches and seizures by the government.

Acts by private individuals are NOT protected by the Fourth Amendment.

Question 2

What is required to challenge a search or seizure under the 4th Amendment?

Answer 2

To challenge a search or seizure, a party must have standing, meaning they must have personally been subject to the search or seizure.

Question 3

What constitutes a reasonable expectation of privacy?

Answer 3

A reasonable expectation of privacy exists regarding items or places owned or possessed by an individual.

Overnight guests can challenge warrantless searches in homes.

Question 4

What items do individuals NOT have a reasonable expectation of privacy in?

Answer 4

Individuals do not have a reasonable expectation of privacy in anything held out to the public, such as:

1. paint scraping from a car;
2. bank account records;
3. anything visible from public airspace;
4. trash on the curb;
5. sound of one’s voice;
6. odors from property;
7. handwriting; and
8. anything seen outside one’s home.

Question 5

What is required for a lawful arrest under the 4th Amendment?

Answer 5

Under the 4th Amendment, for an arrest to be lawful, a law enforcement officer must have probable cause based on trustworthy facts or knowledge that a would lead a reasonable person to believe that the person committed a crime.

If a police officer has probable cause to believe that a person has committed even a very minor criminal offense in his presence, he may arrest that person without violating the 4th Amendment.

A police officer DOES NOT need firsthand knowledge to have probable cause; it may be based on the firsthand knowledge of another (i.e. an informant).

Question 6

What is the difference between an arrest in public and at home?

Answer 6

In public, probable cause is sufficient for an arrest. However, a warrant is required for an arrest in a home unless exigent circumstances exist.

Question 7

What is reasonable suspicion in the context of stop and inquire?

Answer 7

Reasonable suspicion is the belief that criminal activity is afoot, allowing police to stop and inquire briefly.

Question 8

What is the difference between stop and frisk?

Answer 8

A stop and frisk requires reasonable suspicion of criminal activity and belief that the person has a weapon, allowing police to seize contraband or weapons during the frisk.

Question 9

What is the warrant requirement for searches?

Answer 9

The Fourth Amendment requires a warrant for searches unless a valid exception applies.

Question 10

What are the requirements for a valid search warrant?

Answer 10

A valid search warrant requires: (1) probable cause; (2) particularity in stating the place to be searched and items to be seized; and (3) issuance by a neutral magistrate.

Question 11

When is government use of sensory enhancement technology considered a search?

Answer 11

It is considered a search if the technology is not in general public use and the police obtain information about activities inside a home.

Question 12

What is the Plain View Doctrine?

Answer 12

Under the Plain View Doctrine, police may seize evidence without a warrant if it is observed in plain view from a lawful position and probable cause exists.

Question 13

What are exigent circumstances?

Answer 13

Exigent circumstances exist when evidence is evanescent, necessary to prevent imminent destruction, in hot pursuit of a felon, or for emergency aid.

Question 14

What is the search incident to arrest exception?

Answer 14

Police may conduct a warrantless search of the suspect’s person and immediate area upon lawful arrest.

Question 15

What is required for consent to search?

Answer 15

Consent must be given freely, voluntarily, and intelligently. A third person with authority may consent, but the police must ensure they have authority.

Question 16

What are administrative and inventory searches?

Answer 16

Administrative searches do not require a warrant and include routine inventory searches during booking, which must be reasonable and follow established procedures.

Question 17

What are the requirements for vehicle checkpoints?

Answer 17

Checkpoints must be nondiscriminatory, for a purpose other than criminal investigation, and reasonable in scope.

Question 18

What is the automobile exception?

Answer 18

The automobile exception allows warrantless searches of vehicles if police have probable cause to believe contraband or evidence of a crime will be found.

Question 19

What rights does the Fifth Amendment provide regarding self-incrimination?

Answer 19

The Fifth Amendment grants the right to not incriminate oneself and requires Miranda warnings during custodial interrogation.

Question 20

What are Miranda warnings?

Answer 20

Miranda warnings inform suspects of their rights to remain silent, that statements can be used against them, to consult an attorney, and that one will be provided if they cannot afford one.

Question 21

When do Miranda rights attach?

Answer 21

Miranda rights attach during custodial interrogation, meaning the suspect reasonably believes they are not free to leave.

Question 22

What is the Public Safety Exception to Miranda warnings?

Answer 22

Limited interrogation without Miranda warnings is allowed if prompted by concerns for public safety or officer safety.

Question 23

What constitutes a valid waiver of Miranda rights?

Answer 23

A valid waiver must be voluntary and made knowingly and intelligently, meaning the defendant understands the nature and consequences of waiving the rights.

Question 24

What does the Sixth Amendment guarantee?

Answer 24

The Sixth Amendment guarantees the right to counsel in criminal prosecutions and the right to effective assistance of counsel.

Question 25

When does the right to counsel attach?

Answer 25

The right to counsel attaches once formal adversarial judicial proceedings have commenced.

Question 26

What must a defendant show to prove ineffective assistance of counsel?

Answer 26

To prove ineffective assistance, a defendant must show that counsel's performance was deficient and that the result of the trial would have been different but for the errors.

Question 27

Can the Sixth Amendment right to counsel be waived?

Answer 27

Yes, the Sixth Amendment right to counsel may be waived if the waiver is voluntary and knowing.

Question 28

What happens if ineffective assistance of counsel is shown at trial?

Answer 28

The verdict must be reversed and the defendant is entitled to a new trial.

Question 29

What are the requirements for a valid waiver of the 6th Amendment right to counsel?

Answer 29

A valid waiver must be: (1) voluntary; AND (2) knowing and intelligent.

Question 30

What is the defendant's right under the 6th Amendment regarding testifying?

Answer 30

A defendant has the right to testify on his own behalf.

Question 31

What is the right to self-representation under the 6th Amendment?

Answer 31

A defendant has the right to represent himself at trial, but it must be assumed knowingly AND intelligently.

Question 32

Under what conditions can a judge deny the right to self-representation?

Answer 32

A judge may deny the right if the defendant: (a) lacks the competence to stand trial; OR (b) validly waives the right to counsel.

Question 33

What is the defendant's right to a speedy trial under the 6th Amendment?

Answer 33

A defendant has the right to a speedy trial, and courts will consider: (1) the reason for the delay; (2) whether the defendant objected; (3) the length of the delay; and (4) any prejudice suffered.

Question 34

When is the 14th Amendment Due Process Clause violated in identification procedures?

Answer 34

It is violated when a line-up or identification is unnecessarily suggestive, resulting in a substantial likelihood of misidentification.

Question 35

What happens if an out-of-court identification is inadmissible?

Answer 35

An in-court identification is barred unless the prosecution proves that the out-of-court procedure did not create a substantial likelihood of irreparable identification.

Question 36

What is the Independent Source Rule?

Answer 36

An in-court identification is admissible if the witness identified the defendant based on previous trustworthy knowledge obtained in a prior transaction.

Question 37

What is the 6th Amendment right to counsel regarding line-ups?

Answer 37

A person has a right to counsel after being formally charged with a crime that carries a substantial risk of jail time, including a post-charge lineup.

Question 38

What is the status of pre-trial identifications under the 5th Amendment?

Answer 38

Pre-trial identifications are not testimonial in nature and fall outside 5th Amendment protection.

Question 39

What can the Due Process Clause of the 5th and 14th Amendments challenge?

Answer 39

It can challenge anything that is so unfair that it shocks the conscience.

Question 40

What is the Exclusionary Rule?

Answer 40

Evidence obtained in violation of a defendant’s 4th, 5th, or 6th Amendment rights is inadmissible in a criminal case.

Question 41

What are the exceptions to the Exclusionary Rule?

Answer 41

The rule does not apply if: (a) there is an independent source for the evidence; (b) the discovery would have been inevitable; (c) through the attenuation doctrine; (d) police relied in good faith on a defective warrant; OR (e) it’s a violation of the Knock-and-Announce Rule.

Question 42

What are the four exceptions where good faith reliance does not excuse an invalid warrant?

Answer 42

1. Lacking particularity; 2. Lacking probable cause; 3. Biased magistrate; 4. Police officer lied on the application.

Question 43

Does the Exclusionary Rule apply to grand juries or civil proceedings?

Answer 43

No, the exclusionary rule does not apply to grand juries or civil proceedings.

Question 44

What are the limitations on the Exclusionary Rule as applied to Miranda violations?

Answer 44

1. Failure to give warnings does not suppress physical evidence; 2. Subsequent statements after warnings are admissible unless obtained through coercive tactics; 3. Statements obtained in violation of Miranda rights are inadmissible in the Prosecution’s case-in-chief but may be used to impeach a defendant.

Question 45

What is the status of coerced statements made by the suspect?

Answer 45

Coerced statements are never admissible for any purpose.

Question 46

What are the requirements for a valid guilty plea?

Answer 46

A guilty plea is valid if: (1) it is voluntary and intelligent; AND (2) the judge informs the defendant of the nature of the charge, maximum and minimum sentences, rights to a jury trial, confrontation of witnesses, and protection against self-incrimination.