CRIM PRO

ARRESTS

200

Any arrest must be based on this:

Probable Cause

400

This exists when a reasonably prudent person would believe that a suspect has committed or is committing a crime.

Probable Cause

600

Under this type of investigatory detention, the policy have the authority to detain a person even if they lack probable cause to arrest, as long as they have a reasonable suspicion supported by articulable facts of criminal activity.

Terry Stop

800

An automobile stop constitutes a seizure of these individuals.

Every occupant

1000

DUI and Border Crossing checkpoints are constitutional if applied in this way:

Neutral

SEARCH AND SEIZURE

200

In order to object to a governmental search, the plaintiff needs:

standing

400

To have standing, a person must have this:

Reasonable expectation of privacy

600

The key ingredients to not getting arrested for cooking meth at your friend's apartment: a pillow? Because these type of guests have standing.

Overnight

800

Angel Dust probably could help you hear. The two core requirements for a warrant are:

Probable Cause

Particularity

1000

The sufficiency of an informant's information is subject to determination by this.

The totality of the circumstances

WARRANT EXCEPTIONS

200

This type of warrant exception applies contemporaneously in the time and place of the arrest

Search Incident to a Lawful Arrest

400

For consent to be a valid warrant exception, this consent must be

Voluntary

600

The legal standard for stop and frisk is:

Reasonable suspicion of criminal conduct

800

When the evidence may disappear quickly, this type of warrant exception applies

Evanescent Evidence

1000

For the hot pursuit of a fleeing felon to give rise to a warrant exception, the police must be within this amount of time behind the felon

15 minutes

5A

200

When a reasonable person doesn't feel free to leave, they are in:

Custody

400

The interrogation must be by this kind of individual for miranda warnings to apply

Publicly paid police

600

Miranda warnings apply when

there is a custodial interrogation

800

Miranda waivers must be _______ and _______

Knowingly and voluntary

1000

Double jeopardy attaches in a jury trial at this time.

When the jury is sworn in 

(In a bench trial, it's when the first witness is sworn in)

6A

200

"And I won't say a word until I see my lawyer!" The defendant has invoked this 6A right:

The right to counsel

400

No question about it -- invoking the right to an attorney must be done in this manner

Unambiguously

600

The 6A right to an attorney applies during

All critical stages of prosecution after formal proceedings have begun (post-indictment interrogation, preliminary hearings to determine probable cause, arraignment, post-charge line-ups, sentencing, felony trials)

800

DAILY DOUBLE: A right to trial by jury provides that this is the minimum number of jurors permissible

6 (and the verdict must be unanimous)

1000

The standard to determine whether a prospective juror should be excluded for cause is whether the juror's views would prevent or substantially impair this:

the performance of her duties