Va Bar - Criminal Procedure

Front 1

Fourth Amendment Protects Individuals from searches and seizures of their

Back 1

(1) persons
(2) houses
(3) papers; and
(4) affects

Front 2

Unprotected Items (8)

Back 2

(1) Paint Scrapings
(2) Account records
(3) airspace and anything seen below it
(4) garbage left at the curb for collection
(5) voice exemplars
(6) odor
(7) handwriting
(8) open fields

all involve knowing exposure to third parties

Front 3

Probable Cause

Back 3

proof of a fair probability that contraband or evidence of a crime will be found in the area searched

Front 4

Search Warrant Standard

Back 4

search warrants must be issued by a neutral and detached magistrate and must specify the place to be searched and the items to be seized

Front 5

Officer's good faith overcomes constitutional deficits in probably cause and particularity with 4 exceptions including

Back 5

(1) affidavit so egregiously lacking in probable cause
(2) the warrant is so facially deficient in particularity that officers could not reasonably presume it to be valid;
(3) The affidavit relied upon by the magistrate contains knowing reckless falsehoods; and
(4) the magistrate is bias in favor of prosecution.

Front 6

Warrantless searches allowed in 8 situtations

Back 6

(1) Exigent circumstances;
(2) Search incident to arrest;
(3) consent; (voluntary and intelligent)
(4) automobile (probable cause to believe that contraband or evidence of a crime will be found in vehicle)
(5) plain view;
(6) inventory;
(7) special needs; (random drug testing)
(8) Terry stop and frisks.

Front 7

Fruit of the Poisonous Tree Exceptions

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(1) Break in the causal link;
(2) Independent source;
(3) inevitable discovery;
(4) Attenuation from original unlawful event.

Front 8

Wiretap Warrants

Back 8

(1) Suspected persons named;
(2) Probable cause that crime has been committed;
(3) describe conversations that can be overheard;
(4) strictly limited time period.

Front 9

Virginia Bail

Back 9

Accused has a right to bail unless there is probable cause to believe the accused:
(1) will not appear for trial; or
(2) poses an unreasonable danger to himself or the public.

Front 10

Fewest Number of Jurors in VA Criminal Trial

Back 10

Felony: 12
Misdemeanor: 7

Front 11

Virginia Jury Sentencing

Back 11

Must be:
(1) unanimous;
(2) in writing; and
(3) returned by jury in open court.

Front 12

Virginia Challenging Juries

Back 12

For Good Cause: unlimited challenges
Peremptory: 4 for felonies and 3 for misdemeanors

Front 13

Virginia Withdrawal of Pleas

Back 13

pleas of guilt or nolo contendere may be withdrawn:
(1) only before sentence imposed or imposition of sentence suspended or
(2) within 21 days after entry of final order if court sets aside the judgment in order to correct a manifest injustice.

Front 14

When does jeopardy attach?

Back 14

(1) in jury trials when the jury is sworn;
(2) in Bench trials when the first witness is sworn;
(3) Guilty plea when the court accepts the plea unconditionally.

Front 15

Virginia Speedy Trial

Back 15

In custody 5 months
Not in custody 9 months