Criminal Procedure Outline
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Questions and Answers

What is the primary reason that the use of a beeper to track automobiles on public roads is not considered a search?

  • Automobiles are not protected under the Fourth Amendment.
  • There is no reasonable expectation of privacy in movements on public highways. (correct)
  • Beeper technology is outdated and not used anymore.
  • Tracking is only considered invasive when done on private property.

    • What factors are considered to determine the curtilage of a property in relation to the open fields doctrine?

  • Accessibility, location, public records, and size of the property.
  • Type of dwelling, number of occupants, age of property, and presence of animals.
  • Proximity to the home, inclusion in enclosure, nature of uses, and protective steps. (correct)
  • Presence of surveillance equipment, landscaping, historical ownership, and neighborhood trends.

    • Under what circumstance does a narcotics dog sniff not constitute a search?

  • When the sniff occurs in a private residence.
  • During a traffic stop as part of normal procedure. (correct)
  • When conducted within the curtilage of a home.
  • When conducted without any officer present.

    • Which case established that there is a reasonable expectation of privacy in long-term historical cell site location information (CSLI)?

    <p>Carpenter</p> Signup and view all the answers

    What happens when officers extend a traffic stop without reasonable suspicion to conduct a dog sniff?

    <p>It constitutes an unreasonable seizure.</p> Signup and view all the answers

    What does the third-party doctrine imply about the information shared with a telephone company?

    <p>There is no reasonable expectation of privacy regarding the numbers dialed on a telephone.</p> Signup and view all the answers

    What conclusion was reached by the court regarding a person's reasonable expectation of privacy for intimate activities within their home?

    <p>There is a reasonable expectation of privacy for intimate activities conducted within a home.</p> Signup and view all the answers

    Under what circumstances can police search a vehicle without probable cause when the arrestee is not secured?

    <p>If the arrestee is within reaching distance of the passenger compartment.</p> Signup and view all the answers

    What must be true for police to search a home based solely on consent?

    <p>The consent must come from a person who apparently has the authority to give it.</p> Signup and view all the answers

    What is one condition that negates the possibility of voluntary consent for a search?

    <p>The officer falsely claims to have a warrant.</p> Signup and view all the answers

    What is required for police to make an arrest in a public place without a warrant?

    <p>Probable cause to arrest the suspect.</p> Signup and view all the answers

    In the case of hot pursuit, what limitations exist concerning entering a home?

    <p>An arrest warrant is required unless the suspect is fleeing into the home.</p> Signup and view all the answers

    What must police demonstrate to search a vehicle at the time of an arrest for it to fall under the search incident to lawful arrest exception?

    <p>Reasonable belief that the vehicle contains evidence of the offense of arrest.</p> Signup and view all the answers

    In what scenario can police conduct a warrantless search and seizure during hot pursuit?

    <p>To prevent a fleeing felony suspect's escape.</p> Signup and view all the answers

    What constitutes a 'search' under the Fourth Amendment?

    <p>A government agent violates a person's reasonable expectation of privacy.</p> Signup and view all the answers

    Under which condition does the Fourth Amendment apply?

    <p>When a government agent carries out a search or seizure.</p> Signup and view all the answers

    Which statement is true about the 'reasonable expectation of privacy'?

    <p>It protects private conversations in temporary private places.</p> Signup and view all the answers

    What is the primary requirement for a warrant to be issued under the Fourth Amendment?

    <p>Probable cause supported by oath or affirmation.</p> Signup and view all the answers

    What does the term 'curtilage' refer to when discussing the Fourth Amendment?

    <p>The area within the immediate vicinity of a home.</p> Signup and view all the answers

    In which scenario would there be no reasonable expectation of privacy?

    <p>When trash is left for collection outside the curtilage.</p> Signup and view all the answers

    What technological method constituted a search under Fourth Amendment criteria?

    <p>Application of a thermal imager on a home not in general public use.</p> Signup and view all the answers

    What does the Fifth Amendment protect against?

    <p>Self-incrimination and denial of due process.</p> Signup and view all the answers

    What is the standard required to establish reasonable suspicion?

    <p>Specific and articulable facts</p> Signup and view all the answers

    What must an informant's tip include to support reasonable suspicion?

    <p>Indicia of reliability</p> Signup and view all the answers

    Which precedent established that unprovoked flight in a high crime area can create reasonable suspicion?

    <p>Wardlow</p> Signup and view all the answers

    What factor does NOT affect the voluntariness of a confession under due process?

    <p>Public opinion of the crime</p> Signup and view all the answers

    According to the 5th amendment, when are statements made during custodial interrogation admissible?

    <p>If the accused received Miranda warnings and waived them</p> Signup and view all the answers

    Which of the following does NOT need to be provided in verbatim form for Miranda warnings to be effective?

    <p>Right to a fair trial</p> Signup and view all the answers

    What does the presence of mental illness imply about a confession's voluntariness?

    <p>Mental illness may not render the confession involuntary</p> Signup and view all the answers

    What legal principle allows for a harmless error review in cases of erroneous admission of confessions?

    <p>Harmless error review</p> Signup and view all the answers

    What is required for the police to conduct a stop at a checkpoint for general crime control?

    <p>Reasonable suspicion of illegal activity</p> Signup and view all the answers

    In what situation can police conduct a vehicle stop without reasonable suspicion?

    <p>At checkpoints with a primary purpose of ensuring roadway safety</p> Signup and view all the answers

    Which areas are police allowed to search without a warrant during an arrest?

    <p>The immediate area within the arrestee's control</p> Signup and view all the answers

    What permits a protective sweep in a home during an arrest?

    <p>A belief that individuals posing danger may be in the area</p> Signup and view all the answers

    What legal principle allows border officials to question vehicle occupants without reasonable suspicion?

    <p>Martinez-Fuerte decision</p> Signup and view all the answers

    What is a primary limitation on stopping vehicles at checkpoints?

    <p>Duration of the stop must be brief</p> Signup and view all the answers

    What is not protected under the Fourth Amendment in relation to prisoners?

    <p>The area of their cell and effects</p> Signup and view all the answers

    What must be true for law enforcement to conduct a cursory sweep beyond immediate areas during an arrest?

    <p>Reasonable suspicion that individuals posing a danger may be present</p> Signup and view all the answers

    What must be proven to establish a violation of the Equal Protection Clause regarding selective prosecution?

    <p>There must be proof of discriminatory effect and purpose.</p> Signup and view all the answers

    Which case established that a prosecutor's threat to file more charges does not constitute vindictive prosecution?

    <p>Bordenkircher v. Hayes</p> Signup and view all the answers

    Which of the following is NOT true regarding the 8th Amendment's provision on bail?

    <p>It creates a right to bail.</p> Signup and view all the answers

    What does a Brady violation lead to?

    <p>Reversal of conviction and a new trial.</p> Signup and view all the answers

    When does jeopardy attach in a jury trial?

    <p>Upon swearing in of the empaneled jury.</p> Signup and view all the answers

    Which of the following outcomes is allowed under the Double Jeopardy Clause?

    <p>Trial in civil court for the same offense.</p> Signup and view all the answers

    Under the Due Process Clause, what must the government disclose to the defendant?

    <p>Evidence that is favorable and material to the case.</p> Signup and view all the answers

    Which statement about pretrial detention based on future dangerousness is true?

    <p>It may be supported by clear and convincing evidence.</p> Signup and view all the answers

    Study Notes

    Criminal Procedure Outline

    • The Fourth Amendment protects against unreasonable searches and seizures.
    • Warrants are required for searches and seizures, but exceptions exist.
    • Probable cause is necessary for a search or arrest warrant.
    • Reasonable suspicion is a lower standard than probable cause.
    • A "search" occurs when a government agent violates a person's reasonable expectation of privacy.
    • A "seizure" occurs when a person is deprived of their freedom of movement.
    • The Fourth Amendment applies to government agents.
    • Katz Test: A search occurs when a person has a reasonable expectation of privacy, which a government agent violates.
    • Open Fields Doctrine: No reasonable expectation of privacy in open fields outside the curtilage.
    • The Third Party Doctrine: No reasonable expectation of privacy in information shared with a third party.
    • Curtilage: The area immediately surrounding a home, where a reasonable expectation of privacy exists.
    • Plain View Doctrine: Police can seize an item in plain view if they are lawfully in a place from which the item is plainly visible.
    • Search Incident to Lawful Arrest: Police may search the arrestee and the area within their immediate control.
    • Automobile Exception: Police may search an automobile without a warrant if they have probable cause to believe it contains contraband or evidence of a crime.
    • Exigent Circumstances: Police may search without a warrant if there is an immediate need to prevent the escape of a suspect, destruction of evidence, or to protect individuals.
    • Consent Exception: Police may search without a warrant if they have valid consent from the person who has authority to give consent.
    • Inventory Searches: Police may conduct warrantless inventory searches of impounded vehicles.
    • Stop and Frisk: Police may briefly stop and frisk a person if they have reasonable suspicion of criminal activity.
    • Miranda Rights: Suspects must be informed of their rights before being interrogated.
    • Due Process and Voluntariness: Confessions must be voluntary.
    • Double Jeopardy: The Fifth Amendment protects against being tried twice for the same crime.
    • Jury Selection: Juries must be drawn from a cross-section of the community.
    • Eighth Amendment: Prohibits cruel and unusual punishment.
    • Fourth Amendment exceptions (search and seizure):
      • Probable cause - Warrant
      • Probable cause - no warrant needed (exigent circumstances)
      • Consent: Valid consent to search
      • Plain View: Item in plain view and lawful position
      • Search incident to legal arrest: Lawfully arresting someone
      • Automobile exception: Probable cause suspected in car; no warrant
      • Inventory search: Lawfully impounding a vehicle.

    Fourth Amendment

    • Protects against unreasonable searches and seizures
    • Requires probable cause for searches and seizures
    • Warrant required unless exception applies

    Fifth Amendment

    • Protects against self-incrimination
    • Miranda Rights

    Sixth Amendment

    • Right to counsel
    • Applies at critical stages of the proceedings

    Eighth Amendment

    • Prohibits excessive bail and cruel/unusual punishment

    Due Process

    • Guarantees fair procedures

    Exclusionary Rule

    • Evidence obtained unlawfully is inadmissible.

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    Related Documents

    Criminal Procedure Outline PDF

    Description

    This quiz covers key concepts related to the Fourth Amendment and its implications in criminal procedure. It addresses important topics such as probable cause, reasonable suspicion, and the various doctrines that define searches and seizures. Test your understanding of these legal principles and their application in real-world scenarios.

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