Criminal Procedure - Bar Exam
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1. Constitutional The first eight amendments to the U.S. Constitution apply to the federal govern-
Requirements ment. Most of these rights are applicable to the states through the Due Process
Binding on States Clause of the Fourteenth Amendment
2. Criminal Pro- 4th Amendment prohibition against unreasonable searches and seizures/exclu-
cedure Relat- sionary rule; 5th Amendment privilege against self-incrimination and double
ed Amendments jeopardy; 6th Amendment rights to speedy trial, public trial, trial by jury, confront
That Are Applied witnesses, compulsory process for obtaining witness, and assistance of counsel
to the States in felony cases and in misdemeanor cases in which imprisonment is imposed; 8th
via the 14th Amendment prohibition on cruel and unusual punishment and against excessive
Amendment Due fines
Process Clause
3. 4th Amendment people should be free from unreasonable searches and seizures
4. Seizure (4th any exercise of control by a government agent over a person or thing that, when
Amendment) under the totality of the circumstances, makes a reasonable person feel that
they were not free to decline the officer's requests or otherwise terminate the
encounter; arrests are within the scope of seizure
5. Arrest (Seizure) an arrest occurs when the police take a person into custody against their will for
purposes of criminal prosecution or interrogation
6. Probable Cause an arrest must be based upon probable cause; probable cause is trustworthy facts
Requirement (Ar- or knowledge sufficient for a reasonable person to believe that the suspect has
rest) committed or is committing a crime for which arrest is authorized by law; based
on totality of the circumstances
7. Arrest in Public a warrant is generally not required before arresting a person in a public place; a
/Private Place - warrant is required to arrest someone in a private place provided that there is
Warrant (Arrest) no emergency; when executing the warrant, the police officers must reason to
believe suspect is in it
, Criminal Procedure - Bar Exam
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8. Station House In order to bring a suspect to the station for questioning or fingerprinting upon
Detention - Prob- an arrest, they must have full probable cause
able Cause (Ar-
rest)
9. Effect of Invalid An unlawful arrest, by itself, has no impact on any subsequent criminal prosecu-
Arrest tion
10. Investigatory De- based on Terry v. Ohio; if the police have a reasonable suspicion of criminal activity
tentions - Terry or involvement in a completed crime supported by articulable facts (that is not
Stops merely a hunch), they may detain a person for investigative purposes
11. Frisk - Terry Stops a police officer may frisk the detainee for weapons if the police officer has
reasonable suspicion that the detainee is armed and dangerous
12. Reasonable Sus- more than just vague suspicion but is less than probable cause; whether the police
picion (Terry have reasonable suspicion depends on the totality of the circumstances
Stops)
13. Informants (Rea- when reasonable suspicion is based on an informant's tip, there must be an
sonable Suspi- indicia of reliability (including predictive information) to be sufficient
cion)
14. Duration and Terry stops are not subject to a specific time limit; but, police must act in a diligent
Scope (Investiga- and reasonable manner in confirming or dispelling their suspicions
tory Detentions)
15. Automobile police officers may stop a car if they have at least reasonable suspicion to believe
Stops that a law has been violated
16. Police Dogs (Au- during a routine traffic stop, a dog sniff is not considered a search, so long as the
tomobile Stops) police do not extend the stop beyond the time needed to issue a ticket or conduct
normal inquiries; dog alert can form the basis for probable cause for a search
, Criminal Procedure - Bar Exam
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17. Dog Sniff Outside police, without probable cause, cannot use a drug sniffing dog outside of the
of Home home of a suspected drug dealer
18. Police Offi- a police officer's mistake of law does not invalidate a seizure as long as the mistake
cer Mistake of was reasonable
Law (Automobile
Stops)
19. Seizure of All an automobile stop constitutes a seizure not only of the automobile's driver, but
Occupants (Auto- also of any passengers as well; thus, passengers have standing to raise a wrongful
mobile Stops) stop as a reason to exclude evidence found during the stop
20. Informational if the police set up a roadblock for purposes other than seeking incriminating
Checkpoints and information about the drivers being stopped, the roadblock will be constitutional;
Roadblocks if special law enforcement needs are involved, the Supreme Court allows police
(Automobile officers to set up roadblocks to stop cars without individualized suspicion that
Stops) the driver violated some law; for the roadblock to be valid it must: (1) stop cars
on the basis of some neutral, articulable standard; and be designed to serve
purposes closely related to a particular problem pertaining to automobiles and
their mobility
21. Police May Or- in the interest of officer safety, the officer may order the occupants of the vehicle
der Occupants to get out; Moreover, if the officer reasonably believes the detainees are armed,
Out (Automobile the officer may frisk the occupants and search the passenger compartment for
Stops) weapons, even after the officer has ordered the occupants out
22. Pretextual Stops if the police have probable cause to believe a driver violated a traffic law, they may
(Automobile stop the car, even if their ulterior motive is to investigate a crime for which they
Stops) lack sufficient cause to make a stop
23. Detention to Ob- if the police have probable cause to believe that a suspect has hidden drugs
tain a Warrant in their home, they may, for a reasonable time, prevent the the suspect from
, Criminal Procedure - Bar Exam
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going into the home unaccompanied so that they can prevent the suspect from
destroying the drugs while they obtain a search warrant
24. Occupants of the a valid warrant to search for contraband allows the police to detain occupants of
Premises the premises during a proper search
25. Grand Jury Ap- seizure of a person by subpoena for a grand jury appearance is not within the 4th
pearance Amendment's protections
26. Deadly Force there is a 4th Amendment seizure when a police officer uses deadly force to
apprehend a suspect; an officer must not use deadly force unless it is reasonable
to do so under the circumstances
27. Evidentiary in order to be lawful under the 4th Amendment, evidentiary seizures must be
Search and reasonable to be valid under the 4th Amendment, but here, reasonableness
Seizure requires a warrant except in 6 circumstances
28. Evidentiary (1) does the defendant have a 4th Amendment right (seizure by the government
Search and concerning a place or thing in which defendant had a reasonable expectation
Seizure Analysis of privacy) or does the search involve a physical intrusion into a constitutionally
Questions protected area; (2) did the police officers have a valid warrant (issued by a neutral
and detached magistrate on a showing of probable cause and reasonably price as
to the place to be searched and items to be seized; and (3) if the police officers did
not have a valid warrant, was the search or seizure within one of the six exceptions
to the warrant requirement?
29. Governmental the 4th amendment generally only protects against governmental conduct; does
Conduct not protect against searches by privately paid police unless they are deputized as
(Evidentiary offices of the public police; also look for private individuals operating under the
Search/Seizure) control of the police
30. Reasonable Ex- (1) search or seizure by a government agent of a constitutionally protected area
pectation of Pri- in which the individual had a reasonable expectation of privacy; or (2) physical
Study online at https://quizlet.com/_gzsdq4
1. Constitutional The first eight amendments to the U.S. Constitution apply to the federal govern-
Requirements ment. Most of these rights are applicable to the states through the Due Process
Binding on States Clause of the Fourteenth Amendment
2. Criminal Pro- 4th Amendment prohibition against unreasonable searches and seizures/exclu-
cedure Relat- sionary rule; 5th Amendment privilege against self-incrimination and double
ed Amendments jeopardy; 6th Amendment rights to speedy trial, public trial, trial by jury, confront
That Are Applied witnesses, compulsory process for obtaining witness, and assistance of counsel
to the States in felony cases and in misdemeanor cases in which imprisonment is imposed; 8th
via the 14th Amendment prohibition on cruel and unusual punishment and against excessive
Amendment Due fines
Process Clause
3. 4th Amendment people should be free from unreasonable searches and seizures
4. Seizure (4th any exercise of control by a government agent over a person or thing that, when
Amendment) under the totality of the circumstances, makes a reasonable person feel that
they were not free to decline the officer's requests or otherwise terminate the
encounter; arrests are within the scope of seizure
5. Arrest (Seizure) an arrest occurs when the police take a person into custody against their will for
purposes of criminal prosecution or interrogation
6. Probable Cause an arrest must be based upon probable cause; probable cause is trustworthy facts
Requirement (Ar- or knowledge sufficient for a reasonable person to believe that the suspect has
rest) committed or is committing a crime for which arrest is authorized by law; based
on totality of the circumstances
7. Arrest in Public a warrant is generally not required before arresting a person in a public place; a
/Private Place - warrant is required to arrest someone in a private place provided that there is
Warrant (Arrest) no emergency; when executing the warrant, the police officers must reason to
believe suspect is in it
, Criminal Procedure - Bar Exam
Study online at https://quizlet.com/_gzsdq4
8. Station House In order to bring a suspect to the station for questioning or fingerprinting upon
Detention - Prob- an arrest, they must have full probable cause
able Cause (Ar-
rest)
9. Effect of Invalid An unlawful arrest, by itself, has no impact on any subsequent criminal prosecu-
Arrest tion
10. Investigatory De- based on Terry v. Ohio; if the police have a reasonable suspicion of criminal activity
tentions - Terry or involvement in a completed crime supported by articulable facts (that is not
Stops merely a hunch), they may detain a person for investigative purposes
11. Frisk - Terry Stops a police officer may frisk the detainee for weapons if the police officer has
reasonable suspicion that the detainee is armed and dangerous
12. Reasonable Sus- more than just vague suspicion but is less than probable cause; whether the police
picion (Terry have reasonable suspicion depends on the totality of the circumstances
Stops)
13. Informants (Rea- when reasonable suspicion is based on an informant's tip, there must be an
sonable Suspi- indicia of reliability (including predictive information) to be sufficient
cion)
14. Duration and Terry stops are not subject to a specific time limit; but, police must act in a diligent
Scope (Investiga- and reasonable manner in confirming or dispelling their suspicions
tory Detentions)
15. Automobile police officers may stop a car if they have at least reasonable suspicion to believe
Stops that a law has been violated
16. Police Dogs (Au- during a routine traffic stop, a dog sniff is not considered a search, so long as the
tomobile Stops) police do not extend the stop beyond the time needed to issue a ticket or conduct
normal inquiries; dog alert can form the basis for probable cause for a search
, Criminal Procedure - Bar Exam
Study online at https://quizlet.com/_gzsdq4
17. Dog Sniff Outside police, without probable cause, cannot use a drug sniffing dog outside of the
of Home home of a suspected drug dealer
18. Police Offi- a police officer's mistake of law does not invalidate a seizure as long as the mistake
cer Mistake of was reasonable
Law (Automobile
Stops)
19. Seizure of All an automobile stop constitutes a seizure not only of the automobile's driver, but
Occupants (Auto- also of any passengers as well; thus, passengers have standing to raise a wrongful
mobile Stops) stop as a reason to exclude evidence found during the stop
20. Informational if the police set up a roadblock for purposes other than seeking incriminating
Checkpoints and information about the drivers being stopped, the roadblock will be constitutional;
Roadblocks if special law enforcement needs are involved, the Supreme Court allows police
(Automobile officers to set up roadblocks to stop cars without individualized suspicion that
Stops) the driver violated some law; for the roadblock to be valid it must: (1) stop cars
on the basis of some neutral, articulable standard; and be designed to serve
purposes closely related to a particular problem pertaining to automobiles and
their mobility
21. Police May Or- in the interest of officer safety, the officer may order the occupants of the vehicle
der Occupants to get out; Moreover, if the officer reasonably believes the detainees are armed,
Out (Automobile the officer may frisk the occupants and search the passenger compartment for
Stops) weapons, even after the officer has ordered the occupants out
22. Pretextual Stops if the police have probable cause to believe a driver violated a traffic law, they may
(Automobile stop the car, even if their ulterior motive is to investigate a crime for which they
Stops) lack sufficient cause to make a stop
23. Detention to Ob- if the police have probable cause to believe that a suspect has hidden drugs
tain a Warrant in their home, they may, for a reasonable time, prevent the the suspect from
, Criminal Procedure - Bar Exam
Study online at https://quizlet.com/_gzsdq4
going into the home unaccompanied so that they can prevent the suspect from
destroying the drugs while they obtain a search warrant
24. Occupants of the a valid warrant to search for contraband allows the police to detain occupants of
Premises the premises during a proper search
25. Grand Jury Ap- seizure of a person by subpoena for a grand jury appearance is not within the 4th
pearance Amendment's protections
26. Deadly Force there is a 4th Amendment seizure when a police officer uses deadly force to
apprehend a suspect; an officer must not use deadly force unless it is reasonable
to do so under the circumstances
27. Evidentiary in order to be lawful under the 4th Amendment, evidentiary seizures must be
Search and reasonable to be valid under the 4th Amendment, but here, reasonableness
Seizure requires a warrant except in 6 circumstances
28. Evidentiary (1) does the defendant have a 4th Amendment right (seizure by the government
Search and concerning a place or thing in which defendant had a reasonable expectation
Seizure Analysis of privacy) or does the search involve a physical intrusion into a constitutionally
Questions protected area; (2) did the police officers have a valid warrant (issued by a neutral
and detached magistrate on a showing of probable cause and reasonably price as
to the place to be searched and items to be seized; and (3) if the police officers did
not have a valid warrant, was the search or seizure within one of the six exceptions
to the warrant requirement?
29. Governmental the 4th amendment generally only protects against governmental conduct; does
Conduct not protect against searches by privately paid police unless they are deputized as
(Evidentiary offices of the public police; also look for private individuals operating under the
Search/Seizure) control of the police
30. Reasonable Ex- (1) search or seizure by a government agent of a constitutionally protected area
pectation of Pri- in which the individual had a reasonable expectation of privacy; or (2) physical
