Criminal Procedure

Question 1

Constitutional Protections Apply to Government Action

Answer 1

The Fourth, Fifth, and Sixth Amendments only apply to governmental conduct, not private actions, unless a private party is acting as a government agent.

Question 2

Seizure Defined

Answer 2

A seizure occurs when a reasonable person would not feel free to leave due to physical force or a show of authority by law enforcement.

Question 3

Terry Stop – Reasonable Suspicion

Answer 3

Police may stop a person if they have reasonable suspicion, based on articulable facts, that the person is involved in criminal activity. A frisk is allowed if the officer reasonably believes the person is armed.

Question 4

Traffic Stops

Answer 4

Police need reasonable suspicion of a traffic violation to stop a car. During a lawful stop, officers may frisk occupants if they suspect they are armed.

Question 5

Checkpoints

Answer 5

Police may conduct suspicionless checkpoints if they stop all drivers according to a neutral, articulable standard and the checkpoint serves a special need beyond law enforcement.

Question 6

Probable Cause for Arrest

Answer 6

Probable cause exists when facts and circumstances would lead a reasonable person to believe that a suspect has committed or is committing a crime.

Question 7

Warrant Requirements for Arrest

Answer 7

An arrest warrant must be issued by a neutral magistrate, based on probable cause, and must name the suspect and offense. Entry into third-party homes requires a search warrant or exigent circumstances.

Question 8

Search Incident to Arrest

Answer 8

Police may search the arrestee and the area within their immediate control without a warrant to protect officer safety and preserve evidence.

Question 9

Cell Phone Searches Incident to Arrest

Answer 9

Police may seize but not search digital contents of a cell phone incident to arrest without a warrant.

Question 10

Warrantless Arrests in Public

Answer 10

Police may arrest a suspect without a warrant in a public place for a crime committed in their presence or for any felony with probable cause.

Question 11

Definition of a Search

Answer 11

A search occurs when government conduct violates a person’s reasonable expectation of privacy or involves physical trespass for information gathering.

Question 12

Warrant Requirements for Search

Answer 12

A valid search warrant must be issued by a neutral magistrate, based on probable cause, and must particularly describe the place to be searched and items to be seized.

Question 13

Seven Exceptions to the Warrant Requirement

Answer 13

Exceptions include: Exigent circumstances, Search incident to arrest, Consent, Automobile exception, Plain view, Administrative searches, Stop and frisk.

Question 14

Consent to Search

Answer 14

Consent must be voluntary. Police do not need to inform the person of their right to refuse. Apparent authority suffices.

Question 15

Plain View Doctrine

Answer 15

Police may seize items in plain view if they are lawfully present, the item’s incriminating character is immediately apparent, and they have lawful access.

Question 16

Automobile Exception

Answer 16

If police have probable cause, they may search any area of a vehicle that might contain contraband without a warrant.

Question 17

Inventory Searches

Answer 17

Police may conduct an inventory search of an impounded vehicle or an arrestee’s personal belongings if done pursuant to standardized procedures.

Question 18

Administrative Searches

Answer 18

Warrantless administrative searches are permitted in heavily regulated industries, for public safety, or pursuant to special needs.

Question 19

Fifth Amendment – Privilege Against Self-Incrimination

Answer 19

Applies to testimonial, communicative evidence by natural persons. Does not apply to physical evidence such as fingerprints or handwriting.

Question 20

Miranda Warnings Requirement

Answer 20

Required before custodial interrogation. Custody means a reasonable person would not feel free to leave. Interrogation includes express questioning and its functional equivalent.

Question 21

Invocation of Right to Remain Silent

Answer 21

Must be affirmatively asserted. Police must stop questioning, but may resume after a significant time and giving fresh warnings.

Question 22

Invocation of Right to Counsel

Answer 22

Must be clearly asserted. All questioning must cease until counsel is present or the suspect reinitiates. Ambiguous statements are not sufficient.

Question 23

Miranda – Public Safety Exception

Answer 23

Police may ask questions without giving Miranda warnings if necessary to protect public safety.

Question 24

Voluntariness of Confessions

Answer 24

A confession must be voluntary under the totality of the circumstances. Coerced confessions are inadmissible for any purpose.

Question 25

Statements in Violation of Miranda

Answer 25

Inadmissible in the prosecution’s case-in-chief but may be used to impeach the defendant if voluntary.

Question 26

Sixth Amendment Right to Counsel

Answer 26

Attaches upon formal charges and is offense-specific. Applies to all critical stages of the prosecution.

Question 27

Sixth vs. Fifth Amendment Right to Counsel

Answer 27

Sixth Amendment attaches automatically upon charging. Fifth Amendment must be invoked and applies only to custodial interrogations.

Question 28

Identification Procedures – Lineups

Answer 28

Post-indictment lineups require counsel. Pre-indictment lineups and photo arrays do not. Improperly suggestive lineups may be suppressed.

Question 29

Confrontation Clause

Answer 29

Bars admission of testimonial hearsay if the declarant is unavailable and there was no prior opportunity to cross-examine.

Question 30

Exclusionary Rule

Answer 30

Evidence obtained in violation of the 4th, 5th, or 6th Amendments is inadmissible at trial to prove guilt.

Question 31

Fruit of the Poisonous Tree Doctrine

Answer 31

Evidence derived from unconstitutional conduct is presumptively inadmissible unless an exception applies.

Question 32

Exceptions to the Exclusionary Rule

Answer 32

Include: Independent source, Inevitable discovery, Attenuation, Good faith reliance, Knock-and-announce rule violation, and Isolated negligence.

Question 33

Burden of Proof

Answer 33

The prosecution must prove each element of the offense beyond a reasonable doubt. The defendant may bear the burden of proving affirmative defenses.

Question 34

Guilty Pleas

Answer 34

Must be knowing and voluntary. The judge must inform the defendant of their rights, potential consequences, and ensure a factual basis for the plea.

Question 35

Right to Jury Trial

Answer 35

Applies to serious offenses (punishable by >6 months). Requires a unanimous verdict in federal court and most state courts.

Question 36

Speedy Trial Right

Answer 36

Protected under the Sixth Amendment. Courts weigh the length of delay, reason for delay, assertion of the right, and prejudice to the defendant.