Criminal Procedure (bar exam) ACTUAL QUESTIONS AND CORRECT ANSWERS

Criminal Procedure (bar exam) ACTUAL
QUESTIONS AND CORRECT ANSWERS
search and seizure (generally) - CORRECT ANSWERS✅✅the Fourth Amendment prohibits
a STATE ACTOR from engaging in unreasonable search or seizure


Search and Seizure is REASONABLE ONLY IF authorized by: - CORRECT
ANSWERS✅✅1) a valid warrant OR
2) a warrant exception
3) AND executed in a reasonable manner
-Result → evidence obtained pursuant to an unreasonable search or seizure may be
SUPPRESSED or EXCLUDED


Thumbnail Analysis for a Search and Seizure - CORRECT ANSWERS✅✅1) State action?
2) Search (REP; physical intrusion) OR Seizure (possessory interest; free to leave)?
3) Warrant (PC, particularity) or Warrant Exception?
4) Execution (reasonable; knock and announce)?
5) Suppression?


search - CORRECT ANSWERS✅✅i) invasion of a reasonable expectation of privacy
ii) physical intrusion into a constitutionally protected area to obtain information


reasonable expectation of privacy - CORRECT ANSWERS✅✅1) subjective expectation +
2) objective reasonable (by society)


likely NO reasonable expectation of privacy IF: - CORRECT ANSWERS✅✅1) information
is exposed to the public
2) information is transferred to a 3rd party who turns it over to the police


physical intrusion into a constitutionally protected area to obtain information - CORRECT
ANSWERS✅✅protected areas: persons, houses, papers, and effects (personal property)

,Situations in which there IS a REASONABLE EXPECTATION OF PRIVACY: -
CORRECT ANSWERS✅✅-Pot growing in attic w/o windows detected by thermal imager
-Trash bags in fenced backyard ("curtilage")
-Public location of car by attached GPS
-Email to friend, wiretapped


Situations in which there is NO REASONABLE EXPECTATION OF PRIVACY: -
CORRECT ANSWERS✅✅-Pot in attic seen through window from sidewalk
-Trash bags on curb
-Public location of car by visual surveillance
-Email to friend, turned over by friend
-Financial records turned over by banker
-Pot in fenced yard seen from plane
-Drug dog sniff


seizure of things - CORRECT ANSWERS✅✅TEST: meaningful interference with your
possessory interests
Examples: detention, dispossession, destruction


seizure of persons - CORRECT ANSWERS✅✅TEST: exercise of authority which restrains
FREEDOM OF MOVEMENT, under which a reasonable person would not feel free to leave
Examples: Terry stops, arrests


acts that constitute seizures - CORRECT ANSWERS✅✅1. Taking Car
2. Sidewalk Conversation at insistence of police blocking way


Acts that DO NOT constitute SEIZURES: - CORRECT ANSWERS✅✅1. Taking license
plate number
2. Sidewalk conversation w/o restraining force or show of authority

, standing to challenge a search or seizure - CORRECT ANSWERS✅✅TEST: search or
seizure may be challenged only by the person who was actually searched or seized


Situations in which STANDING has been recognized (for search and seizure): - CORRECT
ANSWERS✅✅1. driver challenging stop of car
2. passenger challenges stop of car
3. driver or owner challenges car search
4. passenger challenges search of passenger's purse
5. overnight guest challenges search of guest area


Situations in which STANDING has NOT been recognized: - CORRECT ANSWERS✅✅1.
passenger challenges car search
2. driver challenges search of passenger purse
3. afternoon guest challenges search of guest area


A SEARCH or SEIZURE must be authorized by: - CORRECT ANSWERS✅✅1) a valid
warrant, OR
2) a warrant exception


warrant requirements - CORRECT ANSWERS✅✅1) probable cause
2) particularity
3) oath or affirmation AND
4) detached and neutral magistrate


warrant exceptions - CORRECT ANSWERS✅✅1) plain view
2) consent
3) exigent circumstances
4) automobile
5) public arrests
6) search incident to arrest
7) inventory