4th Amendment
Under Terry, what standard is requirement for police to initiate a stop?
What is Reasonable Suspicion?
Layman phrase for the 5th amendment right against self incrimination is called what?
Miranda Rights
This right attaches when a Defendant is formally charged
6th Amendment right to counsel
Driving Under the Influence of Alcohol
23152(a) VC
What are the main things you cannot kick a juror on the basis of?
Race, religion, sexual orientation, gender
Police may not check this car compartment without probable cause
What are the Miranda Rights?
You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney, if you cannot afford an attorney one will be appointed to you.
The jury pool must represent a cross section of the community, per which amendment?
6th Amendment
Petty Theft
484(a) PC
Can you get a DUI if you have under a .08%?
Yes.
What is curtilage?
The surrounding of your home
When is someone considered "in custody" for purposes of Fifth Amendment?
This Amendment protects against cruel and unusual punishment.
The 8th Amendment
Judicial Diversion
1001.95 PC
What happens if the wrong evidence at trial is given to the jury during deliberations?
Motion for a New Trial . . . ask Sergio
List 5 exceptions to the warrant requirement
-Exigent Circumstances
-Automobile
-Terry Stop (Stop and Frisk)
-Consent
-SITLA
-Plain View
-Good Faith
-Car Impounded
It depends. Explain why.
This amendment applies when police engage in coercive conduct likely to elicit an incriminating statement
Due Process- 14th Amendment
Contempt of Court
166
What is the Statute of Limitations on a Misdemeanor?
1 year
For the 4th Amendment to apply in any situation, the actor must be a what?
Government Agent
When does Jeopardy attach?
When a jury is paneled
What is a Serna Motion?
Dismiss the case based on violation of speedy trial rights.
Hate Crime
422.6, 422.7, 422.75
What is the ultimate defense to a driving under the influence charge?
No Drive . . . ask Mac