Criminal Procedure Final Exam

Front 1

Arizona v. Hicks

Back 1

The "immediately apperant" requirment of the plain view doctrine requires probable cause,no less.

Front 2

Horton v. California

Back 2

The fourt amendment does not prohibit the warrantless seizure of evidence in plain view, even though the discovery of the evidence was not inadvertent.

Front 3

U.S. v. Dunn

Back 3

Wether an area is considered a part of the curtilage and thus protected under the 4th amendment.

Front 4

Oliver v. U.S.

Back 4

A place with a "no tresspassing" sign, has a locked gate, and is located a mile from the owner's home has no reasonable expectation of privacy, thus considered an open field which is not protected by the 4th amendment.

Front 5

Kirby v. Illinois

Back 5

There is no right to counsel at police lineups or identification procedures prior to the time the suspect is formally charged with a crime.

Front 6

U.S. v. Wade

Gilbert v. California

Back 6

The right to counsel "after" formal charges are filed.

Front 7

Frye v. U.S.

Back 7

Before the results of scientific test will be admissable as evidence in a trial, the procedures used must be sufficiently established to have gained genral acceptance in the particular field to which they belong.

Front 8

Daubert
v.
Merrell Dow Pharmaceuticals Inc.

Back 8

Superseded the fryer doctrine in federal cases and are more liberal in admissibility of evidence. This permits the admission of "expert testimony" pertaining to specialized knowledge that will assist in undertanding evidence or determaining facts in issue.

Front 9

What are the factors used to determine if Item has been Abandoned?

Back 9

1. Where the property is left

2. Intent to abandon

Front 10

What are the 4 factors to determine curtilage?

Back 10

1 – The proximity of the area to the home
2 – Whether the area is in an enclosure surrounding the home
3 – The nature and uses of the area
4 – The steps taken to conceal the area from public view

Front 11

Why are plain view, open fields, and abandonment not governed by the 4th?

Back 11

No intrusion into a person’s reasonable expectation of privacy
Do not require a warrant or p/c

Front 12

How is intent to abandon determined by courts?

Back 12

Usually determined objectively by what a person does, not subjectively by what a person thinks
Denial of ownership can be used to establish abandonment

Front 13

When does testimonial interrogation occur?

Back 13

Testimonial self-incrimination occurs when a suspect is required to “speak his guilt”

Front 14

What is the main role of a defense lawyer during lineups?

Back 14

Counsel makes sure the procedure is fair – Supreme Court has not set any guidelines for what they can and cant do

Front 15

Right to council during pretrial identification procedures

Back 15

Right to counsel primarily applies mainly to lineups and show ups not other procedures such as breath tests and ballistic test. Right to counsel after filing of formal charge, but not before

Front 16

Rhode Island v. Innis

Back 16

Conversoation between officers while suspect is in custody in police cruiser, about scene did not constitute intterogation, even though suspect may hear.

Front 17

Moran v. Burbine

Back 17

A suspects denial of Miranda right during cutodial interrogation is not nullified when counsel hired by a third party is mislead by the police when trying to reach his client.

Front 18

Brewer v. Williams

Back 18

Interrogation takes place and therefore, miranda warnings are needed when police officers, knowing of defendants religious interest, make remarks designed to appeal to that interest an thus induce a confession.

Front 19

Johnson v. Louisiana

Back 19

A 9-3 jury verdict for conviction is constitutional.

Front 20

Kastigar v. U.S.

Back 20

Prosecutors need only grant use and derivative use immunity to compel an unwilling witness to testify. The witness is not constituionally entitled to transactional immunity before he/she can be compelled to testify.

Front 21

Williams v. Florida

Back 21

A florida law providing for a 6 jury in all criminal cases except those involving capital offenses is constitutional.

Front 22

What is the Frye Doctrine?

Back 22

Procedures uses must be sufficiently established to have gained general acceptance in the particular field in which it belongs

Front 23

Due process protection during a lineup

Back 23

Identification procedure must be fair, cant be suggestive
Look at totality of circumstances to see if identification procedure is so suggestive that great likelihood of misidentification
Some argue this is a major problem with showups

Front 24

Kirby Rule

Back 24

Before filing of formal charges, a lineup is not considered a critical stage of prosecution therefore no right to counsel

Front 25

Wade-Gilbert rule

Back 25

Right to counsel after formal charges are filed

Front 26

Daubert Rule

Back 26

Permits the admission of expert testimony pertaining to “scientific and technical knowledge” that will assist the trier of fact to understand the evidence
More liberal test than Frye doctrine

Front 27

Does the privilege against self incrimination apply to pretrial identification procedures?

Back 27

does not apply to pretrial identification procedures
Self-incrimination only applies to testimonial evidence not physical evidence

Front 28

Prior to Miranda, what did the courts decide on the admissibility of confession?

Back 28

Was the admission or confession voluntary?
Decided on a case-by-case basis
Looked at the facts of the case to see if the suspect’s will was “broken” by the police in such a way that would make the confession involuntary

Front 29

When must the Miranda warning be given?

Back 29

Everyone subjected to custodial interrogation must be given the Miranda warnings regardless of the severity of the offense – felonies, misdemeanors, and traffic offenses
Whenever there is custodial interrogation
A person must be “in custody” and “under interrogation”
If one of the two is missing then no need for the Miranda warnings to be given

Front 30

How can voluntary statements ruled inadmissible be used?

Back 30

1) To impeach defendant’s credibility if takes witness stand (If obtained involuntarily then cant be used for this purpose)
2) To obtain collateral derivative evidence (if confession leads to witness or other defendants)

Front 31

Is the waiver of rights valid if interrogation focuses on minor crime but then moves to more serious crime?

Back 31

Yes, even if he believes interrogation is of a minor crime

Front 32

When does the custody part of custodial interrogation start?

Back 32

Under two situations
# 1 – when the suspect is under arrest
# 2 – when the suspect has been deprived of freedom in a significant

Front 33

In which situation must the Miranda warnings be given?

Back 33

When the suspect is in custodial interrogation

Front 34

Define “functional equivalent of an interrogation”

Back 34

An instance where no questions are asked by the police, but the situation is so conducive to making a statement

Front 35

Are confessions obtained thru the use of deception admissible in court?

Back 35

Usually admissible, but a real fine line exist

Front 36

When are Miranda warnings not required?

Back 36

Roadside questioning of a motorist after a traffic stop
Field sobriety tests of drunk driving suspects
Volunteered statements (res gestae statement)
Stop and frisk
General on-the-scene questioning

Front 37

What is the Frye Doctrine?

Back 37

Procedures uses must be sufficiently established to have gained general acceptance in the particular field in which it belongs

Front 38

Due process protection during a lineup

Back 38

Identification procedure must be fair, cant be suggestive
Look at totality of circumstances to see if identification procedure is so suggestive that great likelihood of misidentification
Some argue this is a major problem with showups

Front 39

Kirby Rule

Back 39

Before filing of formal charges, a lineup is not considered a critical stage of prosecution therefore no right to counsel

Front 40

Wade-Gilbert rule

Back 40

Right to counsel after formal charges are filed

Front 41

Daubert Rule

Back 41

Permits the admission of expert testimony pertaining to “scientific and technical knowledge” that will assist the trier of fact to understand the evidence
More liberal test than Frye doctrine

Front 42

Does the privilege against self incrimination apply to pretrial identification procedures?

Back 42

does not apply to pretrial identification procedures
Self-incrimination only applies to testimonial evidence not physical evidence

Front 43

Prior to Miranda, what did the courts decide on the admissibility of confession?

Back 43

Was the admission or confession voluntary?
Decided on a case-by-case basis
Looked at the facts of the case to see if the suspect’s will was “broken” by the police in such a way that would make the confession involuntary

Front 44

When must the Miranda warning be given?

Back 44

Everyone subjected to custodial interrogation must be given the Miranda warnings regardless of the severity of the offense – felonies, misdemeanors, and traffic offenses
Whenever there is custodial interrogation
A person must be “in custody” and “under interrogation”
If one of the two is missing then no need for the Miranda warnings to be given

Front 45

How can voluntary statements ruled inadmissible be used?

Back 45

1) To impeach defendant’s credibility if takes witness stand (If obtained involuntarily then cant be used for this purpose)
2) To obtain collateral derivative evidence (if confession leads to witness or other defendants)

Front 46

Is the waiver of rights valid if interrogation focuses on minor crime but then moves to more serious crime?

Back 46

Yes, even if he believes interrogation is of a minor crime

Front 47

When does the custody part of custodial interrogation start?

Back 47

Under two situations
# 1 – when the suspect is under arrest
# 2 – when the suspect has been deprived of freedom in a significant

Front 48

In which situation must the Miranda warnings be given?

Back 48

When the suspect is in custodial interrogation

Front 49

Define “functional equivalent of an interrogation”

Back 49

An instance where no questions are asked by the police, but the situation is so conducive to making a statement

Front 50

Are confessions obtained thru the use of deception admissible in court?

Back 50

Usually admissible, but a real fine line exist

Front 51

When are Miranda warnings not required?

Back 51

Roadside questioning of a motorist after a traffic stop
Field sobriety tests of drunk driving suspects
Volunteered statements (res gestae statement)
Stop and frisk
General on-the-scene questioning

Front 52

When is it difficult to show an intelligent waiver of rights?

Back 52

 Under the influence of alcohol/drugs,
Mentally ill, Young

Front 53

When are Miranda warnings not required?

Back 53

Roadside questioning of a motorist after a traffic stop
Field sobriety tests of drunk driving suspects
Volunteered statements (res gestae statement)
Stop and frisk
General on-the-scene questioning

Front 54

How many members must serve on a jury?

Back 54

Jury must have 6-12 members

Front 55

When does an individual have a right to a jury?

Back 55

when sentence imposed can be more than 6 months imprisonment

Front 56

How is the term “critical stage” of the criminal proceeding used by the courts?

Back 56

Determined on a case by case basis, where a defendant makes decisions which may later be formally used against him

Front 57

What must be proven beyond a reasonable doubt?

Back 57

The question of guilt and every element of the crime charged

Front 58

When does double jeopardy attach?

Back 58

In a jury trial, when a competent jury has been sworn; in a trial before a judge, when the first witness has been called and sworn

Front 59

The right to confront a witness includes which right?

Back 59

6th amendment provides that “in all criminal prosecutions, the accused shall enjoy the right to be confronted with the witness against him, cross-examine, be physically present, physically face witness at trial, and know identity of prosecution witness.

Front 60

What are factors which determine if right to a speedy trial has been violated?

Back 60

1) Length of delay
2) Reason for delay
3) Defendant’s assertion or nonassertion of rights
4) Prejudice to the defendant

Front 61

What is the Blockburger standard?

Back 61

The current test to determine what “same offense” means in double jeopardy. The key is whether one offense contains the same elements as the other.

Front 62

When has the protection against double jeopardy been waived?

Back 62

When conviction is set aside on appeal
Hung juries
Mistrials

Front 63

What are two elements of a Section 1983 lawsuit to succeed?

Back 63

1. The defendant must have been acting under the color of law.
2. There must have been a violation of a constitutional right or a right given by the federal government.

Front 64

Under what circumstances can a municipality be liable for civil damages?

Back 64

Municipality will be held liable if the unconstitutional action taken by the employee is caused by a municipal policy or custom, written or unwritten.

Front 65

What is the “good faith” (also known as the qualified immunity) defense?

Back 65

held liable if violated a clearly established statutory or constitutional right of which a reasonable person would have known
Includes acts which the officer reasonably believes are lawful

Front 66

What is the “Deep Pockets Theory?”

Back 66

Whereas officers and pervisors may have limited financial resources to pay plaintiffs, police agencies have a broader financial base.

Front 67

What is “public duty doctrine?”

Back 67

government functions are owed to the general public, not to specific individuals

Front 68

What are exceptions to the “public duty doctrine?”

Back 68

Special relationship
Court/Protective order
When police arrest an individual and something happens to them in custody
Witnesses when threatened

Front 69

What are some defenses in civil liability cases?

Back 69

1) Good faith defense
2) Acting within the scope of employment defense
3) Probable Cause defense

Front 70

Defense will probably succeed in the following instances:

Back 70

A) officer acted in accordance with agency rules
B) officer acted pursuant to statute later declared unconstitutional
C) officer acts in accordance with orders from superior believed to be valid