Criminal Law and Procedure Flashcards
7 cards from real POST practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Criminal Law and Procedure flashcards as text
Under the fruit of the poisonous tree doctrine, which of the following would most likely be admissible?
Answer: Evidence discovered through an independent source unrelated to the illegal search
The independent source doctrine allows evidence to be admitted if it was discovered through a source entirely separate from the illegal police conduct.
Which standard of proof is required to obtain a search warrant?
Answer: Probable cause
The Fourth Amendment requires probable cause supported by oath or affirmation before a neutral magistrate will issue a search warrant.
A suspect invokes their right to counsel during custodial interrogation. Officers may legally resume questioning if:
Answer: The suspect initiates further communication with officers
Under Edwards v. Arizona, once counsel is invoked all questioning must cease unless the suspect themselves initiates further communication.
What is the legal definition of 'curtilage' in the context of Fourth Amendment protections?
Answer: The area immediately surrounding the home that shares its intimate activities
Curtilage is the area immediately surrounding a home that is so intimately connected to the home that it shares the home's Fourth Amendment protections.
An officer arrests a suspect for a traffic misdemeanor. Under the search incident to arrest doctrine, the officer may lawfully search:
Answer: The arrestee's person and the area within their immediate control
Chimel v. California limits a search incident to arrest to the arrestee's person and the area within their immediate control at the time of arrest.
Which of the following best describes 'mens rea'?
Answer: The guilty mind or criminal intent element of a crime
Mens rea refers to the mental state or criminal intent required to be guilty of most crimes.
Under the exclusionary rule established in Mapp v. Ohio, illegally obtained evidence is excluded from trial to:
Answer: Deter future police misconduct by removing the incentive for illegal searches
The primary purpose of the exclusionary rule is deterrence — to discourage law enforcement from conducting unconstitutional searches and seizures.