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CRPC Criminal Procedure Final Exam Review Questions and Answers 2024 100% Verified.
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CRPC Criminal Procedure Final Exam Review Questions and Answers 2024 100% Verified.
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Criminal Procedure Final Exam ReviewFruit of the poisonous tree doctrine: - ANS Bans not only evidence illegally obtained directly but
also evidence derived from it
Independent source doctrine: - ANS Even if the officers break the law, unless their lawbreaking
causes the seizure of evidence, the evidence is admissible in court
Consent searches: - ANS Individuals give officers permission to search them, their houses,
private papers, and personal belongings without warrants
Border searches: - ANS Searches at international borders are reasonable without warrants or
probable cause. This is known as the border search exception. The special need of border
searches is the right to control who and what comes into and goes out of the country.
Fourth Amendment - Four requirements for warrant: - ANS An application for a warrant must be
supported by a sworn, detailed statement made by a law enforcement officer appearing before a
neutral judge or magistrate
Terry v. Ohio: - ANS There were issues raised and the answer depends on three possible
interpretations of the Fourth Amendment
• The Fourth Amendment applies only to full searches and arrests; so short of full arrests and
searches, officer's discretion controls their contacts with individuals in public places.
• Even brief street detentions are arrests, and pat downs are searches, so the police cannot do
it unless they have PC
Terry v. Ohio Continued - ANS Stops and frisks are searches and seizures, so officers have to
back them up with suspicious facts and circumstances. But, they are minor ones, so they
require fewer facts and circumstances than arrests and searches to back them up.
• The Court applied alternative 3, holding that the stop and frisk of John Terry satisfied the
reasonableness requirement of the Fourth Amendment
• Terry was prosecuted for carrying a concealed weapon; he was displaying suspicious behavior
on a street corner with other men (p. 107)
Search incident to (at the time of) arrest: - ANS Searches of lawfully arrested suspects without
either warrants or probable cause. They are reasonable because Fourth Amendment searches
because:
o They protect officers from suspects who might injure or kill them
o They prevent arrested suspects from escaping
o They preserve evidence that suspects might destroy or damage.
, When the trunk of a vehicle can be searched: - ANS There is reduced expectation of privacy in
vehicles. They must be based off of PC to believe there is contraband or evidence
Plain View: - ANS Individuals have no reasonable exception of privacy in what officers discover
by their ordinary senses; hearing, smelling, seeing, and sometimes touch.
Search related to plain view: - ANS It refers to items in plain view that officers discover while
they are searching for items they are specifically authorized to search for.
Emergency searches: - ANS Also called exigent circumstances searches; are based on the
idea that it is sometimes impractical (even dangerous) to require officers to obtain warrants
before they search. The dangers might be:
o Officers safety, justifying frisks or pat downs for weapons
o That suspects or others might destroy evidence before a warrant is obtained
o That fleeing felons might escape while officers are trying to obtain search warrants
o Individuals in the community might be in danger
Who can consent for others?: - ANS o Third party consent searches: comprise two types of
consent
Actual authority consent: Adopted by the U.S. Supreme Court in 1964, is when someone in fact
has the legal authority to consent to a search of your home and stuff.
Apparent authority consent: Adopted by the court in 1984, is when someone who officers
reasonably believe (but who in fact do not) have the authority to consent to a search of your
home and stuff.
Vehicle exception to warrant: - ANS Reduced expectation of privacy in vehicles; must be based
off of PC, The exception extended to the passenger compartments, the glove compartment, and
the trunk.
Searching passengers: - ANS passengers are capable of concealing the items that officers are
searching for and therefore are able to search them without a PC.
Arizona v. Gant: - ANS The U.S. Supreme Court upheld a Fourth Amendment challenge to a
car search conducted after the driver Gant was arrested for a traffic offense, handcuffed, and
locked in the backseat of the police car.
o Relying on the fact that the police saw Gant commit a crime of driving without a license and
apprehended him only shortly after he exited the car, the court held that the search was
permissible as a search incident to arrest. A jury found Gant guilty on both drug counts, and he
was sentenced to a three year term of imprisonment
Inventory searches: - ANS Consist of making a list of people's personal property and containers
that the government holds in custody. Containers include vehicles, purses, clothing, or anything
else where people in custody may store their belongings. The reasonableness of inventory
searches:
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