Issues Tested

Question 1

4th Amendment

Answer 1

Prohibits unreasonable searches and seizures

Question 2

4th Amendment

Government Conduct

Answer 2

Must show some government or police agency action

Question 3

4th Amendment

Standing

Answer 3

Defendant must have a reasonable expectation of privacy as to the places searched or items seized

Question 4

4th Amendment

Seizure of a Person

Answer 4

Under the totality of the circumstances, would a reasonable person not feel free to leave

Question 5

4th Amendment

Arrest

Answer 5

• Generally, requires an arrest warrant
• Warrantless arrest allowed if an officer has probable cause to believe that a felony has been committed

Question 6

4th Amendment

Terry Stop and Frisk

Answer 6

Valid when an officer has reasonable suspicion that someone is engaged in criminal activity

Question 7

4th Amendment

Police Checkpoint

Answer 7

Valid if:
* Done in a non-discriminatory manner; and
* There is an automobile-related reason for the checkpoint

Question 8

4th Amendment

Traffic Stop

Answer 8

Valid if the officer has reasonable suspicion or probable cause that a traffic law has been violated.

Question 9

4th Amendment

Search

Answer 9

Occurs when government conduct violates the defendant’s reasonable expectation of privacy

Question 10

4th Amendment

Valid Search Warrant

Answer 10

1. Be issued by a neutral magistrate;
2. Be based upon probable cause; and
3. Describe with particularity the places to be searched and the items to be seized.

Question 11

4th Amendment

Execution of Search Warrant

Answer 11

• Knock and announce
• Defective warrant–police execution in good faith will not result in a violation

Question 12

Terry Stop and Frisk

Plain feel

Answer 12

can seize an item if it is immediately obvious that the object is contraband

Question 13

Automobile Frisk

Answer 13

Allowed after a valid stop if:
* The officer has a reasonable belief there is a weapon in the car; and
* The search is limited to those areas that may contain a weapon

Question 14

Search Incident to a Lawful Arrest

Answer 14

May search arrestee within a reasonable scope
* In arrestee’s home: can search areas within reach or where others may be hiding
* In a vehicle: can search glove compartment if within reach of defendant or if it is reasonable that evidence of the offense of arrest may be found

Question 15

Automobile Exception

Answer 15

If police have probable cause to believe a vehicle contains evidence of a crime, can search any part of the car believed to have contraband.

Question 16

Plain View

Answer 16

• Police are lawfully present; and
• Incriminating nature of the item is immediately apparent

Question 17

Exceptions to the Exclusionary Rule

Answer 17

1. Inevitable Discovery Rule
2. Independent Source Doctrine
3. Passage of Time
4. Good Faith Reliance

Question 18

5th Amendment

Answer 18

Provides that no person shall be compelled in a criminal case to testify against himself

Question 19

Miranda Warnings

Answer 19

Required to give warnings prior to custodial interrogation

Question 20

Waiver of Miranda Rights

Answer 20

Must be knowing and voluntary

Question 21

Invoking Miranda Rights

Answer 21

Must unambiguously assert

Question 22

Miranda

Re-approaching the defendant

Answer 22

• After invoking rights, police may not re-approach the defendant later
• Exception: if there is a break in custody for 14 days or more, police may re-approach and give fresh warnings (applies only to invoking right to counsel)

Question 23

Miranda

Standing

Answer 23

Defendant can only assert his own Miranda rights

Question 24

Miranda

Physical evidence

Answer 24

Any physical fruits of a voluntary confession can be admissible evidence.

Question 25

Voluntary confession

Answer 25

not protected by Miranda

Question 26

Involuntary confession

Answer 26

not admissible for any purpose

Question 27

Second confession

Answer 27

may be admissible if the initial confession was the result of a good faith mistake

Question 28

Voluntary statement in violation of Miranda

Answer 28

* Excluded as substantive evidence * Admissible as impeachment evidence if inconsistent with later testimony

Question 29

6th Amendment

Answer 29

Automatically applies at all ***critical stages*** of prosecution after formal proceedings begin

Question 30

Line-Ups under the Due Process Clause

Answer 30

Must not be conducted in a manner that is impermissibly suggestive or provides a substantial likelihood of misidentification

Question 31

Double Jeopardy

Answer 31

Provides protections against: 1. Prosecution for the same offense after acquittal; 2. Prosecution for the same offense after conviction; 3. Multiple punishments for the same offense

Question 32

Blockburger test

Answer 32

each crime must require proof of an element that the other does not to be considered a separate offense