Criminal Law Questions

the warrant requirement • If a warrant does not meet the above requirements, the warrant is _______________________, and the items seized pursuant to the warrant will be ____________________________ from the prosecution's case-in-chief.• Wiretapping constitutes a search. o Must have probable cause and a warranto Must specifically identify ...? o Must include an end date for the warranto Must perform minimization

Crim- Types of Seizurese. Warrantless arrests An officer can arrest an individual without a warrant in a _______________ place, either for a crime committed in the officer's ________________________ or based on probable cause to believe the individual committed a ________________________. If the crime was not committed in the officer's presence, the officer can make an arrest only for a ______________________. An arrest that is illegal does not prevent prosecution for the crime. But, it may result in the exclusion of ____________________________ discovered during the arrest.

crim- 3. Miranda Warningso The police must cease questioning if either of the following occurs:1) Invoking the right to remain silent• If a defendant says she does not want to talk, the interrogation must ____________.• The right must be affirmatively invoked; it is not enough to just remain silent.• After a _____________________________ period of time, police can go back to the suspect, give warnings again, and seek to talk to the person again.2) Invoking the right to counsel• Right must be affirmatively invoked: "I want a lawyer."• If the right to counsel is invoked, all questioning must stop until either: i) The lawyer is present; orii) The defendant affirmatively ____________________ contact with police. Police cannot generally go back to the defendant.

Crim- Searches Incident to Arrest• A lawful arrest permits the arresting officers to make a contemporaneous search of the person arrested and the immediate _________________________________________________ to: o Protect officers from weapons or other dangers; ando To prevent the ______________________________________ or concealment of evidence• Any evidence discovered during a search incident to a lawful arrest can be used against the person arrested.• Arrest on the street: Can search the suspect and his ________________________• Arrest at home: Can search the suspect and his immediate arrest area• Arrest in a car: May search _______________________ compartment of a vehicle as long as the person/suspect still has ________________________ to the vehicle at the time • Inventory search—When the police arrest a driver and impound his car, it may be searched for inventory purposes.• Special rule for cellphones—officers may seize a cellphone during an arrest and check the phone for dangers, but police need a ____________________ to search the phone's digital information

crim- The Sixth AmendmentIn addition to the Fifth Amendment right to counsel for custodial interrogations, the Sixth Amendment explicitly provides a criminal defendant with "the ______________________________ of counsel for his defense."1. Sixth Amendment Right to Counsel vs. Fifth Amendment Miranda Righto How is it invoked? Sixth Amendment right __________________ once there has been an indictment, information, or other formal charges -Exists unless a defendant knowingly and intelligently _________________ the right Fifth Amendment right (protected by Miranda) must be __________________________ invoked by the defendant

exceptions to the warrant requirement -Search Incident to Lawful Arresto Automobile—arrestee must be within reach of the passenger compartment to search ito Cellphones—_____________________ search digital contents

Crim: Constitutional protections apply only to _______________________________________ actionsExample 1: If parents severely beat a child, they do not violate the Cruel and Unusual Punishments Clause.Example 2: A snoopy neighbor enters your house and steals several things—including your marijuana plants. He brings the plants back to his home and calls the government to notify them of what he found. This is not a search.• Two important exceptions: o Private persons acting as government ________________________. o Defense counsel (both public and private) are treated as government actors for purposes of the Sixth Amendment with respect to effective assistance of counsel.

Crim- o Police can approach anyone in a public place, and unless the encounter escalates to a ________________________, there is no real constraint on what the police can do and no protection against what they discover (e.g., "tailing" a suspect, canvassing a neighborhood and asking questions).o Seizure—Occurs when an officer, by means of ______________________________________ or show of ________________________ intentionally terminates or restrains the person's freedom of movement Physical force—grabbing suspect by the arm, blocking ability to move, shooting a suspect Show of authority—showing a badge and saying, "Stop!" Test: Whether a reasonable person would feel free to ___________________ the officer• Seizure—Ramming a suspect's car in an attempt to stop the car• Not a seizure—Running over a third party while chasing a suspect (because the officer did not intend to stop the third party)

Crim- Types of Seizuresb. Traffic stops Officers must have _____________________________________________ to stop a car Once there is lawful stop, officers may pat down an occupant for ___________________ if they have reasonable suspicion that the person has a weapon. Checkpoints—Officers _________________ need reasonable suspicion to stop drivers if they pull over everyone.

Crim- Types of Seizuresa. Stop and Frisk/Terry Stops An officer stops an individual when the officer has a __________________________ suspicion, based on __________________ facts, to believe the suspect is or is about to be engaged in criminal behavior. Burden Hierarchy: • ________________ → conviction• ______________________ → arrest• ____________________ → stop An officer's reasonable _________________ of law can give rise to reasonable suspicion During a Terry Stop, an officer can pat-down a detainee for _______________________ but cannot frisk for ______________________. Consequences of a stop that is not based on adequate suspicion: • If the initial stop is unlawful, but the officer develops the basis for a lawful arrest during the stop, evidence seized during the arrest _______________ be used at trial• If the arrest is unlawful, evidence seized during the arrest _________________ be used at trial

What is the first thing a forensic scientist must do when they find blood?

what is a spike or spine in blood splatter

Assault placing someone in fear of battery requires

True or False: common law recognizes infancy as a defense

Settling of the blood due to the lower parts of the body after death is called:

Which of the following is a class characteristic of a fired bullet or cartridge casing?

When someone has been poisoned by carbon monoxide, the main pattern of injury is:

Which of the following is true about the stria in the barrel of the gun?

Which of the following circumstances surrounding a death would be least likely to be investigated by the medical examiner or coroner?

Which of the following is not a duty of a pathologist who attends a crime scene when a body is discovered?