CP Criminal Law & Procedure 3 — Questions and Answers
Question 1: Which doctrine allows police to seize evidence in plain view without a warrant when lawfully present?
- The plain feel doctrine
- The plain view doctrine (Correct answer)
- The open fields doctrine
- The inevitable discovery doctrine
Correct answer: The plain view doctrine
The plain view doctrine permits warrantless seizure of evidence if officers are lawfully present and the incriminating nature of the item is immediately apparent.
Question 2: Under California's Three Strikes Law, a defendant convicted of a third felony receives a mandatory sentence of:
- 10 years to life
- 15 years to life
- 25 years to life (Correct answer)
- Life without parole
Correct answer: 25 years to life
California's Three Strikes Law mandates a minimum sentence of 25 years to life for defendants convicted of a third serious or violent felony.
Question 3: What is the legal standard for determining whether police had reasonable suspicion to perform a Terry stop?
- Preponderance of the evidence
- Specific and articulable facts suggesting criminal activity (Correct answer)
- Probable cause to arrest
- Clear and convincing evidence
Correct answer: Specific and articulable facts suggesting criminal activity
Terry v. Ohio established that an investigatory stop requires specific and articulable facts that criminal activity may be afoot — a lower standard than probable cause.
Question 4: In California, involuntary manslaughter under PC 192(b) typically involves:
- An intentional killing during sudden quarrel
- A killing during commission of a lawful act without due caution (Correct answer)
- A killing during a felony not inherently dangerous
- A premeditated killing committed in passion
Correct answer: A killing during commission of a lawful act without due caution
Involuntary manslaughter occurs when a killing results from commission of a lawful act without due caution and circumspection, or from an unlawful act not amounting to a felony.
Question 5: A habeas corpus petition in criminal matters primarily challenges:
- The sufficiency of evidence at trial
- The legality of the defendant's continued confinement (Correct answer)
- The admissibility of a coerced confession
- The impartiality of the trial judge
Correct answer: The legality of the defendant's continued confinement
A habeas corpus petition is a collateral attack on the legality of a person's detention or imprisonment, not on the merits of the conviction itself.
Question 6: Under California law, what distinguishes robbery from theft?
- The value of the property taken
- The use of force or fear in taking property from a person (Correct answer)
- Whether the victim was present at the scene
- The time of day the crime occurred
Correct answer: The use of force or fear in taking property from a person
Robbery under PC 211 is the taking of property from a person against their will by force or fear, distinguishing it from simple theft.
Question 7: The Sixth Amendment right to counsel attaches at:
- The moment of arrest
- The initiation of formal criminal proceedings (Correct answer)
- Any custodial interrogation
- The time of booking at a police station
Correct answer: The initiation of formal criminal proceedings
The Sixth Amendment right to counsel attaches at the initiation of formal judicial proceedings, such as arraignment, indictment, or preliminary hearing.
