Criminal Procedure

Question 1

Lawful Arrest

Answer 1

there must be probable cause (facts or knowledge from a reasonable person standard) and a valid warrant if suspect is in their home.

Question 2

4th Amendment

Answer 2

prohibits unlawful searches and seizures.

Defendant has a 4th Amendment Right if there is:

Government Conduct + Reasonable Expectation of Privacy

Question 3

Stop and Frisk (Investigatory Detentions)

Answer 3

police can stop suspect if they have a REASONABLE SUSPICION supported by ARTICUABLE FACTS.

Police cannot detain for a longer period of time than reasonable to clear suspicion.

Question 4

Automobile Stops

Answer 4

REASONABLE SUSPICION is required to stop a vehicle. Roadblocks are valid if neutral and vehicle-related.

Question 5

Reasonable Expectation of Privacy

Answer 5

must have standing (ownership of the seized or searched property) and not hold out to the public (handwriting, open fields, etc.).

Question 6

Valid Search Warrant

Answer 6

Must be based on Probable Cause, describe place to be searched and items to be seized, and issued by a neutral magistrate.

Question 7

Warrant Challenge

Answer 7

Warrant is invalid if:

1) affidavit contains false statement,
2) false statement was made recklessly or intentionally, AND
3) false statement was material.

Question 8

Knock-and-Announce Rule

Answer 8

Even with a warrant, police must knock, announce their presence and purpose, and wait a reasonable time before entering.

Question 9

Good Faith Defense

Answer 9

if police relied on an invalidated warrant in good faith (no falsity on their part) then it defeats the challenge to the warrant.

Question 10

Exceptions to Warrant Requirement

Answer 10

PACHIS (Plain View, Automobile Exception, Consent, Hot Pursuit and Evanescent Evidence, Incident to a Lawful Arrest, and Stop and Frisk)

Question 11

Plain View Exception

Answer 11

An officer does not need a warrant if 1) lawfully on premise and 2) item discovered is in plain view.

Question 12

Automobile Exception

Answer 12

With PROBABLE CAUSE, an officer can search an entire lawfully stopped vehicle + containers where item could be found (PC must exist for each part of search).

Question 13

Consent Exception

Answer 13

If a person with authority gives voluntary and intelligent, search is granted within scope. (Co-occupant’s refusal defeats consent).

Question 14

Hot Pursuit and Evanescent Evidence Exception

Answer 14

Police pursuing a fleeing felon may make searches and seizures during chase. Evidence likely to disappear before a warrant can be obtained may be seized.

Question 15

Incident to a Lawful Arrest Exception

Answer 15

if a lawful arrest has occurred, officer may search the person (wingspan) and nearby compartments (such as in a car).

Question 16

Stop and Frisk Exception

Answer 16

if a lawful Terry Stop has occurred, may pat down and seize any weapons or contraband based upon “plain feel”

Question 17

5th Amendment

Answer 17

Prohibits Double Jeopardy, and provides the privilege against self-incrimination.

Question 18

Miranda Rights

Answer 18

Prior to any CUSTODIAL INTERROGATION, Miranda warning must be given. violation results in inadmissible evidence (except for impeachment purposes)

Custody = suspect is not free to leave

Interrogation = any police conduct that may illicit a damaging statement

Waiver - must be i) knowing, ii) voluntary, and iii) intelligent

Question 19

Privilege Against Self-Incrimination

Answer 19

Any natural person may assert this privilege at any time whenever their response may incriminate them.

However, this does not apply to physical evidence (hair, fingerprints, documents, blood, etc.)

Question 20

Waiver

Answer 20

If right to remain silent is not asserted at first proceeding, it is waived at later ones.

It is also waived by a Defendant taking the stand.

Question 21

Confessions (14th Am. Due Process)

Answer 21

A confession must be voluntary - measured by the totality of the circumstances.

If a conviction is on an involuntary confession, must be overturned.

Question 22

Right to Counsel (5th Am.)

Answer 22

After Miranda Warning, SUSPECT can request counsel to aid in interrogation (not offense-specific). Any questioning after request without counsel present is inadmissible.

Question 23

Right to Counsel (6th Am.)

Answer 23

After formally charged, DEFENDANT has a right to counsel. Any questioning REGARDING THE CHARGED OFFENSE without counsel present is inadmissible.

Question 24

Fruit of the Poisonous Tree Doctrine

Answer 24

All evidence found directly or indirectly in violation of the defendant’s 4th, 5th, or 6th Amendment rights are inadmissible against them and must be excluded, unless an exception applies.

Question 25

Inevitable Discovery/Independent Source

Answer 25

If evidence was inevitably discoverable, or if there was/is an source of the evidence that is independent of the violation, an exception to the Fruit of the Poisonous Tree Doctrine applies, and evidence can be found admissible.