Trial by Jury
DA and Prosecutors
Search and Seizure
Arrests and Investigative Stops
Search Warrant
100
What is considered a petty offense? + relevant case law?
Anything where LESS than 6 months is AUTHORIZED. Baldwin v. New York (1970)
100
Is a Prosecutor allowed to threaten a harsher sentence if the defendant does not plea to a lesser charge? Which case law is this?
Yes Bordenkircher v. Hayes
100
What's the criterion for determining whether there is a search? - What test is this?
The Katz test A person exhibits an actual expectation of privacy Society recognizes that expectation as reasonable
100
What do the letter is SILA stand for and what does SILA authorize?
Search Incident to Lawful Arrest Police have the right to search you when you are arrested
100
Police arrive at your dorm looking for you. You are not there but your roommate is and lets them in. They ask if they can take a look around. Your roommate says sure and they find drugs in your drawer. Is this an ILLEGAL search? Which case can you cite?
No, your roommate consented to the search. Illinois v. Rodriguez: Under the Fourth Amendment, the police may enter a home without a warrant if they reasonably believe the person who consents to their presence has the authority to do so.
200
Lisa is convicted of assault. During sentencing the judge decides it was a hate crime and adds 5 months to her sentence. Is this constitutional? Which case/cases can you cite?
NO! Apprendi v. NJ: Any fact, OTHER THAN a prior conviction, that increases the maximum penalty for a crime must be submitted to a jury and proven beyond a reasonable doubt by the prosecution. Blakely v. Washington: Any fact that increases the penalty for a crime BEYOND the prescribed statutory maximum must be submitted to a jury and proved beyond a reasonable doubt.
200
Charles is arrested for petty theft. He asks for counsel and the judge refused. He is convicted and fined $100 and spent 1 week in jail. Were Charles’ rights violated? Which case/cases can you cite?
Yes! He is entitled to the right to attorney whenever imprisonment is an actual authorized penalty. Scott v. Illinois + Argersinger v. Hamlin
200
A police investigator asked the Coffee County’s warrant clerk if there were any warrants out for Herring’s (defendant) arrest. When none were found, the investigator asked the clerk to check with the clerk in Dale County, who reported that there was one active arrest warrant on defendant. The investigator asked that a copy of the arrest warrant be faxed over as confirmation. However, when the Dale County clerk looked for the actual warrant she could not find it and discovered that the warrant had been RECALLED. She immediately called to tell the Coffee County clerk, who radioed to tell the investigator. However, the investigator had already pulled Herring over, arrested him and, after conducting a search of his car, found drugs and a gun. Herring was charged with illegally possessing drugs and a gun. He moved to exclude the evidence for 4th Am. violation. Does he have a chance to prevail?
No! The purpose of exclusionary rule is to? In this case, the Coffee County officers behaved properly, even going so far as to request confirmation of the outstanding arrest warrant. Herring v. U.S. (2009)
200
Can police look for drugs during a Terry stop?
No! Only weapons
200
Police pull you over for traffic violation but smell marijuana coming out of your car. Can they search your vehicle? If yes, what areas can he/she search? If no, why not?
They can search the passenger area of the vehicle but need a warrant for the trunk.
300
What is a bench trial?
No juries! Only sit before the judge.
300
Vilardi (defendant) was convicted of first degree arson and conspiracy. He conspired with two men to set off a pipe bomb below a laundromat. These two men were tried before Vilardi on the same charges. During their trial, a member of the bomb squad who had investigated the basement of the laundromat testified about his report. The report indicated that the investigator initially found no evidence that there had been an explosion. However, upon inspecting the premise a year later, the investigator determined that there had in fact been an explosion. Based in part upon this evidence, the two men were acquitted of first degree arson. Before his trial, Vilardi requested all reports “by ballistics, firearm and explosive experts” concerning the laundromat explosion. The prosecutor sent all the reports except the one by the bomb squad investigator. Vilardi was convicted. While preparing for appeal, Vilardi’s attorney learned of the missing report and made a motion to vacate the conviction. Is Vilardi likely to prevail his motion?
The prosecution’s FAILURE to disclose to the defense evidence in its possession both favorable and MATERIAL to the defense entitles the defendant to a new trial. Material: the evidence might change the guilt or innocence or the punishment of a defendant.
300
Does consent have to be given knowingly or intelligently? Do the police have to inform the individual that they have the right to say no?
NO!
300
When do Miranda rights need to be read?
Before ANY questioning
300
Police are searching an apartment looking for a weapon possibly associated with a murder (search warrant is good) During this search they find drugs on the dining table. They seize the drugs and charge the defendant with intent to sell an illegal substance. The defendant argues that the exclusionary rule applies because the search warrant only said weapons, not drugs. Does he have an argument?
No! Plain view doctrine: it allows police to seize evidence without a warrant when they observe incriminating evidence in plain view.
400
What specific provision of the U.S. Constitution did the supreme court rely on to invalidate the convictions of the Scottsboro boys? Why?
14th Amendment 1932 Bill of Rights ONLY applied to federal cases. Could not use 6th Amendment.
400
Mary is assigned a public defender for her murder charge of shooting the victim in Crossgate mall where numerous people witnessed the incidence. During the trial the attorney consistently arrives late and is always checking Facebook instead of paying attention. Mary catches him falling asleep at one point. Mary appealed that she suffered from the ineffective assistance of counsel. Is she going to prevail the appeal? Which case can you cite?
No. (You can argue this one, but I prefer No) Strickland v. Washington: performance and prejudice Attorney didn't act as a reasonably competent counsel, AND that there is a reasonable probability that the result of the proceeding would have been different.
400
Our defendant Barker have been arrested and held in police station cell for charges of robbery and sexual assault. Following the protocol, Officer Rebecca asked Barker whether he would like a meal, and Barker accepted the offer. When Barker finished the meal, Officer Rebecca took the plate and spoon from the defendant. Officer Rebecca then secured the spoon as evidence for DNA testing. At the time the meal was given to Barker, Off. Rebecca didn't intend to collect the spoon.  However, her lieutenant directed her to secure the spoon for DNA testing. Not surprisingly, the normal procedure would have been to dispose of the spoon and the plate in the trash. Barker's lawyer filed a motion to suppress the DNA test due to 4th Am. violation. Is he gonna prevail the motion?
NO! Firstly, do we believe our defendant still has a reasonable privacy over his food and spoon in a police cell after being arrested and detained? Secondly, even if the defendant had an expectation of privacy, he clearly GAVE UP that expectation when he voluntarily and knowingly discarded the spoon.
400
Two officers are walking around a neighborhood. They see a gentleman come out of a house and tuck something into his jacket. The man sees the police, looks scared and begins to walk away hurriedly. Police yell out “excuse me sir, can we ask you a question?” The man begins to run They chase after him, catch him, and begin to pat him down. They found a gun on him. Is this a reasonable stop? Why?
Yes, reasonable suspicion. Only searched for weapons
400
What are the 4 Exigent Circumstances for warrant search exceptions?
Hot pursuit Destruction of evidence Emergency aid Automobile exception (probable cause)
M
e
n
u