Mbe Crim Ii

Front 1

Acessory after the fact

Back 1

Acessory after thefact is not guilty of the substantive or underlying crime - an accessory after the fact is liable for the seperate criminal offense of obstruction of justice

Front 2

Recieve of stolen property

Back 2

Generally recieves the stolen property from the hands of the thief

Front 3

Solicitation

Back 3

If the solicitor withholds certain facts from the other party so that the solicited acts, under the circumstances as believed by the party solicited, would not be criminal and criminal solicitation had NOT occured - The solicitor has not incited the other person to commit a crime, but rather may have committed an attempt through his scheme to have an innocent agent act for him.

Front 4

"Expectation of Privacy" Test

Back 4

An individual w/ a present possessory interst in the premises searched has standing to challenge that search even though he was not present when the search warrant was made.

Front 5

"Search" by Police dog

Back 5

It was held to be NO SEARCH when a police dog roamed onto defendant's backyard - the unfenced backyard area is deemed to be an open field and as such not afforded 4th Amendment protection

Front 6

Where curtilage ends and open fields begins

Back 6

Whether an area was inside/outside the curtilage is determined by:
1)if the land was fenced and
2) if no trespassing signs are posted.

Front 7

"No Trespassing Signs"

Back 7

If "No Trespassing" signs are NOT posted on private property, then there is a risk that the property may be deemed to be "open fields"

Front 8

Finders of lost or mislaid property

Back 8

In order for a finder of lost/mislaid property to be guilty of larceny the finder must
1) at the time of the finding, intend to steal it and
2) the finder must either know who the owner is or have reason to believe tha the can find out the owners identity

Front 9

Embezzlement

Back 9

1) the fraudulent
2) conversion of
3) the property
4) of another
5) by one who is already in lawful possession of it

Front 10

Accomplice Liability

Back 10

The defendant's must intentionally encourage or assist another in the commission of a crime as to which the accomplice has the requisite state of mind

Front 11

"Common Authority" Rule - Warrantless Searches Based on 3rd Party consent

Back 11

The legal justification for a 3rd party consent rests on the premise of mutual use of the property by persons generally having joint access or control for most purposes, so that it is reasonable to recognize that any of the co-inhabitants has the right to permit the inspection in his own right and that the others have assumed the risk that one of their roomates might permit the common area to be searched

Front 12

Scope of a consent search

Back 12

Determined by "objective reasonableness" - what would the typical reasonable person have understood by the exchange b/t the officer and the suspect? - if the typical reasonable person responds w/ consent which is general and unqualified, then ordinarily the police may conduct a general search of that place

Front 13

"Plain View" Doctrine

Back 13

If police search only where the items they purported to be looking for could be concealed, under the "plain view" doctrine they may seize other items if they have probable cause they are the fruits, instrumentalities, or evidence of some crime