Mixed Criminal Procedure

Question 1

When must Miranda warnings be given?

Answer 1

1. Defendant is in custody

And

2. Defendant is being interrogated.

Question 2

What are common circumstances where the police have custody for purpose of Miranda?

Answer 2

1. Defendant is told to appear at police station
2. Police threaten arrest
3. Defendant is arrested

Question 3

What is the right to counsel in:

1. Photo Arrays
2. Lineups

Answer 3

No Right: Photo arrays and pre charge lineups.

Right to counsel: There is a right to counsel in a post charge lineups

Question 4

When is a lineup unduly suggestive?

Answer 4

1. The identification must be unnecessarily suggestive

And

2. The identification creates a substantial likelihood of misidentification. If unduly suggestive, exclude the identification unless independent sources for identification exist.

Question 5

When does a renter of a room have an expectation of privacy?

Answer 5

Until they check out of their room.

Question 6

What does double jeopardy prevent?

Answer 6

A criminal from being tried twice for the same crime in the same jurisdiction.

Question 7

What does the 6th Amendment prevent?

Answer 7

The deliberate elicitation of incriminating statements once formal charges have been filed for the specific offense charged.

Question 8

Who can invoke defendant’s right to counsel?

Answer 8

Only a defendant.

Question 9

What is the admissibility of evidence gained from an illegal search in a parole hearing?

Answer 9

It is admissible

Question 10

Will a failure to knock and announce make evidence inadmissible?

Answer 10

No, as long as there’s a valid warrant.

Question 11

Can an anonymous tip give an officer’s reasonable suspicion to search?

Answer 11

No, they need a credible named source.

More Info: Reasonable Suspicion

Question 12

Are dog sniffs a search?

Answer 12

No, and an alert can give probable cause; however, it is an violative search if the dog is violating an expectation of privacy.

Question 13

When is a guilty plea valid?

Answer 13

The plea must be:

1. Voluntary

And

2. The defendant must understand the constitutional rights waived by the guilty plea (i.e. right to a jury trial)

Question 14

If there is a shared residence and the occupants give conflicting consent to a search, what is the result?

Answer 14

The police cannot search the premises. The objection defeats the consent.