Can D still assert a self-defense claim when D has killed the victim under a mistaken, but reasonable, belief that he was threatened with serious bodily harm?
What is Yes, a mistaken belief does not prevent D from asserting a self-defense claim as long as the mistake was reasonable.
100
IF a SITA occurs while D is in his car, what parts of the car may the officer search (e.g. person, inside of car, trunk, passenger compartment, etc.)
What is the the entire passenger compartment inside the car and any containers within the car but NOT the trunk.
100
The one word name for a "stop and frisk".
What is a Terry stop.
100
With respect to a valid search warrant for large stolen fishtanks, may a police officer search the locked drawers of the suspects study room desk?
What is No. A police officer is only allowed to search areas that reasonably may contain the object of the search warrant. In this case they are looking for large fishtanks and since it is unlikely to fit a large fishtank in a small desk drawer (and since the drawer is locked), the police officer may not search the drawer.
100
Nick and Amanda rob a convenience store with their guns locked, loaded, and drawn. However, Abu, the convenience store cashier, acts fast and pulls out a gun and shoots Becca, a bystander buying fiery-hot cheetos. Are Nick and Amanda guilty of murder and what kind?
What is Felony murder.
200
What are the four common law "mental states" of a crime?
What is 1) Specific Intent; 2) Malice; 3) General Intent; 4) Strict Liability
200
Give an example of a type of technological device used for a "plain view search" that would constitute an unreasonable search.
What is any device considered "high tech" and not for civilian use that would allow police to obtain views that are not visible to the naked eye, such as: thermal imaging, radar, etc.
Flashlights are allowed though.
200
Under what circumstances may the police conduct a "stop and frisk"?
What is when the police have reasonable suspicion that a suspect is engaging in criminal activity.
200
Can a landlord consent to the search of a tenant's apartment?
What is No. A landlord does not have the authority to consent to the search of a tenant's apartment but can consent to a search of the common areas in the building.
200
What are the 4 states of mind that constitute "malice aforethought"?
What is 1) Intent to kill; 2) Intent to inflict great bodily harm; 3) Intent to commit a felony; or 4) Reckless indifference to an unjustifiably high risk to human life.
300
Under what circumstances (2) can an initial aggressor successfully assert self defense?
What is 1) He was a non-deadly aggressor confronted with deadly force in return; or 2)He withdrew after his initial aggression and the other party continued to attack.
300
When the driver of a vehicle is not the vehicle owner, may the driver consent to a search of the vehicle?
What is Yes. A non-owner driver of a car can consent as they are presumed to have the authority to consent to a search.
300
Under what conditions will a statement given under custodial interrogation but without Miranda warnings can the statement still be admitted as evidence, and if so for what purpose?
What is if the statement was not coerced and the suspect testifies, then the statement can be admitted for the purpose of impeachment of the suspect's testimony.
300
When does a person have the right to be free from unreasonable search and seizures?
What is when the person has a reasonable expectation of privacy.
300
What two situations must be present to hold one felon liable for a killing done by a co-felon?
What is 1.) committed in Furtherance of the felony; and 2) it was a Natural and Probable result of the felony.
400
What are the four mental states of the Model Penal Code, in descending order?
What is 1) Purposely; 2) Knowingly; 3) Recklessly; 4) Negligently
400
If the police trespass on the property of D's neighbor in order to get a plain view of something in D's home, is this a violation of D's rights?
What is No because D has no standing. Only the neighbor has standing since the police trespassed on his property, not D's.
400
At school may a school official search a student or their possession without a warrant?
What is Yes.
400
Can an employer consent to a search of an employee's workstation?
What is Yes. Common workstation definitely however an employer will be less likely to be able to consent to a place where an employee might store personal effects such as a locker or locked drawer.
400
Adam and Nellie hold up a convenience store, but it is after 8pm and Nellie is very very drunk. During the hold up, Adam accidently shoots and kills Abu, the convenience store owner. Is Nellie guilty of felony murder?
What is No. Robbery is a specific intent crime and Nellie has a defense of voluntary intoxication.
500
What are 11 Specific Intent crimes?
(Students Can Always Fake A Laugh, Even For Ridiculous Bar Facts)
What is Solicitation, Conspiracy, Attempt, First Degree Murder, Arson, Larceny, Embezzlement, Fraud/False Pretenses, Robbery, Burglary, Forgery
500
What are the 6 most common exceptions to the search warrant requirement? (IF RACE)
What is:
I = search Incident to a lawful arrest
F = stop and Frisk
R = Regulatory searches and inspections (e.g. immigration, sobriety checkpoints)
A = certain Automobile searches
C = Consent
E = Exigent Circumstances
500
What two things need to occur to trigger the requirement for a Miranda warning?
What is custody and interrogation, also known as custodial interrogation.
500
At what point does a house guest have a reasonable expectation of privacy in a home that is not their own?
What is when the guest is/becomes an overnight guest. A casual guest who is only staying for a brief amount of time does not have a reasonable expectation of privacy.
500
Does a person have a defense to involuntary manslaughter if the victim was also partially negligent?
What is No. A victim's negligence does not excuse the grossly negligent behavior of the defendant.