Criminal Procedure Flashcards

Officers rely in good faith on a search warrant later found to lack probable cause. Under United States v. Leon, the evidence seized is:

Answer: Admissible, unless the affidavit was so lacking in indicia of probable cause that reliance was unreasonable

Leon's good-faith exception allows evidence obtained under an objectively reasonable reliance on a facially valid warrant.

A defendant is arrested without a warrant. Under County of Riverside v. McLaughlin, a judicial probable cause determination is presumptively prompt if held within:

Answer: 48 hours of arrest

McLaughlin establishes a presumption that a probable cause determination within 48 hours of a warrantless arrest satisfies the Fourth Amendment.

During plea negotiations, defense counsel fails to inform the defendant of a favorable plea offer, which expires; the defendant is later convicted at trial and receives a harsher sentence. Under Missouri v. Frye, the defendant:

Answer: May claim ineffective assistance of counsel because counsel must communicate formal plea offers

Frye holds that defense counsel's failure to communicate a formal plea offer can constitute deficient performance under Strickland.

Police place an undercover informant in a defendant's jail cell after indictment, and the informant deliberately elicits statements about the charged crime. The statements are:

Answer: Inadmissible, because deliberate elicitation after formal charges violates the Sixth Amendment right to counsel

Under Massiah, the Sixth Amendment bars deliberate elicitation of statements about charged offenses from an indicted defendant absent counsel.

In Oklahoma, a felony defendant demands a jury trial. How many jurors sit on a felony jury, and what verdict is required for conviction?

Answer: Twelve jurors, and the verdict must be unanimous

Oklahoma felony trials use twelve jurors, and Ramos v. Louisiana requires unanimity for criminal convictions.

The prosecution fails to disclose material exculpatory evidence that the defense never requested. Under Brady and its progeny, the conviction must be reversed if:

Answer: There is a reasonable probability the result would have been different had the evidence been disclosed

Brady materiality turns on a reasonable probability of a different outcome, and no defense request or bad faith is required.

A traffic stop passenger is ordered out of the car. He argues only the driver was suspected of wrongdoing. Under Maryland v. Wilson, the order was:

Answer: Lawful, because officers may order passengers out of a lawfully stopped vehicle without individualized suspicion

Wilson extends Pennsylvania v. Mimms to passengers, permitting officers to order them out of a stopped car for officer safety.