CP Criminal Law & Procedure 3

Question 1

Which doctrine allows police to seize evidence in plain view without a warrant when lawfully present?

Accepted Answer

The plain view doctrine

Answer

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:

Accepted Answer

25 years to life

Answer

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?

Accepted Answer

Specific and articulable facts suggesting criminal activity

Answer

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:

Accepted Answer

A killing during commission of a lawful act without due caution

Answer

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:

Accepted Answer

The legality of the defendant's continued confinement

Answer

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.

(CP) California Certified Paralegal Practice Test

(CP) California Certified Paralegal Practice Test

CP Criminal Law & Procedure 3