CURRENTLY TESTING EXAM 2 VERSIONS WITH ACTUAL QUESTIONS AND
DETAILED ANSWERS WITH A STUDY GUIDE / EXPERT VERIFIED FOR GURANTEED
PASS / LATEST UPDATE.
What is Substantive Criminal Law? - ANSWER/Deals with those elements that describe
and define a crime; when there is proof to satisfy the particular elements of an offense,
it can be said that a crime occurred.
What is Procedural Criminal Law? - ANSWER/Defines what can/cannot be done with, or
to, people (i.e. the arrest, search and seizure, interrogations, confessions, admissibility
of evidence, and testifying in court
Aspects of the 5th Amendment - ANSWER/Has been interpreted to leave the door open
for additional protcetions, besides the obvious of self-incrimination. It has listed the Due
Process Clause: "nor shall any person be deprived of life, liberty, or property
Aspects of the 14th Amendment - ANSWER/No state shall make or enforce any law
which shall abridge the privileges and immunities of citizens of the US; nor shall nay
state deprive any person of life, liberty or property without due process of law; nor deny
any person within its jurisdiction the equal protection of the laws
Definition of Arrest - ANSWER/Can range from interference with a person which, if not
privileged, would constitute false imprisonment -> to taking custody upon sufficient and
proper evidence for the purpose of prosectution
Ingredients of an Arrest - ANSWER/- Intention
- Authority
- Custody
Definition of Detention - ANSWER/Temporary and Limited detainment of an individual.
(i.e. Terry Stop and Frisk)
CASE LAW: Terry v. Ohio (Stop and Frisk) - ANSWER/A stop and frisk based on
reasonable suspicion is valid, under the 4th amendment.
Procedures for an Arrest - ANSWER/- When a warrant has been issued
- When a crime is committed in the presence of officers
- PC to believe has committed a felony
- In statutorily created instances
What is an Arrest Warrant? - ANSWER/A judicial order commanding the person to
whom it is issued or some other person to arrest a particular individual and to bring that
person promptly before a court to answer to a criminal charge.
,What is an Affidavit and what should it be comprised of? - ANSWER/A written statement
of the info known to the officer that serves as the basis for the issuance of the warrant.
Components:
- States Names
- Individual executing the warrant
- Identity of person arrested
- Place of offense
- Date/Time/Place of Occurrence
- Name of Victim
- Description of Offense
What is Probable Cause? - ANSWER/Is that it is more than suspicions but less than
actual knowledge that would lead a reasonable person to believe that a crime has, is
being, or is about to be committed.
CASE LAW: Herring v. US - ANSWER/The "good faith" exception for police applies to
errors made by non-judicial personnel. A search incident to an arrest based on
erroneous information is valid.
CASE LAW: Hurtado v. California - ANSWER/"Shorthand Doctrine" - helped avoid using
grand juries in criminal prosecutions at the state level
CASE LAW: Brady v. Maryland - ANSWER/Supreme Court ruled that the suppression
of any evidence by the prosecution favorable to the accused violated the premise of
fundamental fairness through the due process clauses of the 4th and 14th amendments.
As a result, prosecutors are compelled to disclose to the defense any and all evidence
that might exculpatory for the accused
CASE LAW: Giglio v US - ANSWER/Court must extend obligation to share exculpatory
info with the dependent to include concerns of credibility of witnesses including officers
CASE LAW: Weeks v US - ANSWER/Evidence seized by federal LEO's in violation of
the 4th amendment is not admissible in a federal criminal prosecution (mail was used to
transport lottery tickets).
"Silver Platter Rule" - NO LONGER ADMISSIBLE AS OF 1960; does not prohibit state
agencies from obtaining evidence illegally and handing it over to federal agents
CASE LAW: Mapp v Ohio (Exclusionary Rule) - ANSWER/The exclusionary rule applies
to all state and federal criminal proceedings. Any evidence unreasonably searched and
seized would no longer be admissible in any court. (Mapp had home unlawfully
searched)
When can legal searches be made? - ANSWER/- When a warrant has been issued
- With consent
- Incident to arrest
- Motor vehicles
,- Exigent circumstances
- To conduct inventory
What is a Search Warrant? - ANSWER/A written order in the name of the state, signed
by a judicial officer exercising proper authority and directing a LEO to search for certain
specific property and bring it before the court
CASE LAW: Hudson v Michigan - ANSWER/Violation of the knock-and announce rule
does not require exclusion of the seized evidence. (Officers waited 3-5 seconds after
announcing presence, rather than the usual 15-20 seconds)
CASE LAW: Muehler v Mena - ANSWER/Detaining occupants of the premises in
handcuffs for a certain period of time while executing a search warrant does not by itself
violate the 4th amendment prohibition against unreasonable searches and seizures.
CASE LAW: Chimel v California - ANSWER/After an arrest, police may search the area
within a person's immediate control. (Suspected of stealing coins and searched
residence) (NOTE: there is no set rule of what makes up the area of a person's
immediate control; usually noted as 'wingspan')
CASE LAW: Maryland v Buie - ANSWER/A limited protective seep during arrest in a
home is allowed if justified.
CASE LAW: Carrol v US (Vehicle stops and Searches) - ANSWER/The warrantless
search of an automobile is valid if there exists PC to believe it contains contraband.
(liquor being sold during prohibition, found in vehicle upon stop)
CASE LAW: Chambers v Moroney - ANSWER/If PC exists that an automobile contains
contraband, a warrantless search is valid even if the automobile is first moved to a
police station
CASE LAW: Maryland v Dyson - ANSWER/Vehicle can be parked and a warrantless
search can be conducted.
CASE LAW: New York v Belton - ANSWER/The police may conduct a warrantless
search of the passenger compartment of a car and of the contents therein if it is incident
to a lawful arrest. (Cocaine found in Belton's jacket, inside vehicle)
CASE LAW: Thornton v US - ANSWER/Officers may search the passenger
compartment of a vehicle after a lawful arrest even if the suspect was not in the vehicle,
when arrested
CASE LAW: Arizona v Gant - ANSWER/Police may search a vehicle incident to a
recent occupant's arrest only if the arrestee is within reaching distance of the passenger
compartment at the time of the search or it is reasonable to believe the vehicle contains
evidence of the offense of arrest.
, What is considered an Exigent Circumstance? - ANSWER/Danger of flight or escape,
loss or destruction of evidence, risk of harm to the public or police, mobility of a vehicle,
and hot pursuit.
CASE LAW: Warden v Hayden - ANSWER/A warrantless search and seizure inside a
person's home is valid if PC and exigent circumstances are present. "Mere evidence" -
anything other than contraband or illegal items; may be searched, seized, and admitted
in court
CASE LAW: Brigham City v Stuart - ANSWER/"Police may enter a home without a
warrant when they have an objectively reasonable basis for believing that an occupant
is seriously injured or imminently threatened with such injury."
CASE LAW: Michigan v Fisher - ANSWER/Officers do not need 'iron-clad proof' that a
serious injury has occurred, to make a warrantless entry on an exigent circumstance
CASE LAW: Minnesota v Dickerson - ANSWER/A frisk that goes beyond that allowed in
Terry is invalid
CASE LAW: Hiibel v Sixth Judicial DC of Nevada - ANSWER/The 4th amendment
allows officers, pursuant to a stop and frisk, to require a person to provide his or her
name. The person may be arrested for refusing to comply.
CASE LAW: Wong Sun v US - ANSWER/Evidence obtained as a result of illegal acts by
the police must be excluded. IN addition, the "fruit of the poisonous tree" of that illegal
act must also be excluded. Evidence that has been purged of the primary taint,
however, is admissible.
CASE LAW: Illinois v Gates (PC) - ANSWER/"Totality of the Circumstances" PC maybe
established if based on the circumstances (including hearsay) there is fair probability
that contraband or evidence of crime will be found in a particular place.
CASE LAW: Davis v Washington (Exclusionary Rule) - ANSWER/Statements are
nontestimonial when made in the course of police interrogation under circumstances
objectively indicating that the primary purpose of the interrogation is to enable police
assistance to meet an ongoing emergency (911 call, domestic, Davis arrested, claimed
can't cross-examine call, found admissible)
CASE LAW: Illinois v Wardlow (Stop and Frisk) - ANSWER/Presence in a high-crime
area combined with unprovoked flight upon observing police gives officers sufficient
grounds to determine if criminal activity is about to take place.
CASE LAW: Brower v County of Inyo (Arrest and other Seizures of Persons) -
ANSWER/Seizure of a person occurs when there is a "governmental termination of
freedom of movement through means intentionally applied (18-wheeler road block)