Criminal Law & Procedure Flashcards

Under the Fourth Amendment, a peace officer conducting a search without a warrant must generally establish which of the following?

Answer: A recognized exception to the warrant requirement

Warrantless searches are presumptively unreasonable unless they fall within a recognized exception such as consent, exigent circumstances, or search incident to arrest.

The Miranda warning is required before custodial interrogation primarily because of which constitutional amendment?

Answer: Fifth Amendment

Miranda warnings protect the Fifth Amendment right against self-incrimination by ensuring suspects know they can remain silent during custodial interrogation.

Probable cause to arrest exists when a peace officer has:

Answer: Facts and circumstances that would lead a reasonable person to believe a crime was committed

Probable cause is the standard requiring sufficient facts and circumstances to lead a reasonable person to believe that a crime has been, is being, or will be committed.

Which legal doctrine allows evidence obtained illegally to be excluded from trial?

Answer: Exclusionary rule

The exclusionary rule bars the use of evidence obtained in violation of a defendant's constitutional rights from being admitted at trial.

A 'Terry stop' allows a peace officer to briefly detain a person based on:

Answer: Reasonable articulable suspicion of criminal activity

Established in Terry v. Ohio, officers may conduct brief investigatory stops when they have reasonable articulable suspicion that criminal activity is afoot.

Which of the following best describes the difference between a misdemeanor and a felony?

Answer: Felonies are punishable by more than one year in state prison; misdemeanors typically carry lesser penalties

Felonies are the more serious category of crime, generally punishable by more than one year in a state prison, while misdemeanors carry lesser penalties typically served in local jails.

The right to counsel guaranteed by the Sixth Amendment attaches at what stage of criminal proceedings?

Answer: At the initiation of formal criminal proceedings

The Sixth Amendment right to counsel attaches once formal adversarial proceedings have been initiated, such as at arraignment or indictment.