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
A Terry stop is justified when an officer has:
Answer: Reasonable, articulable suspicion that criminal activity is afoot
Terry v. Ohio established that a brief investigatory stop requires reasonable, articulable suspicion based on specific facts, not a mere hunch.
Which scenario best illustrates the 'plain view' doctrine allowing seizure without a warrant?
Answer: An officer lawfully in a home sees drug paraphernalia in open view on a table
Plain view requires that the officer be lawfully present, the item be in plain view, and its incriminating nature be immediately apparent.
Under the Sixth Amendment, a defendant's right to a speedy trial attaches when:
Answer: The defendant is arrested or formally charged
The Sixth Amendment right to a speedy trial attaches at the point of arrest or formal indictment/information, whichever comes first.
What is the primary legal distinction between murder and voluntary manslaughter?
Answer: The presence or absence of adequate provocation causing sudden heat of passion
Voluntary manslaughter involves an intentional killing that occurs in the sudden heat of passion caused by adequate legal provocation, negating the malice required for murder.
An officer stops a vehicle for a broken taillight. A passenger voluntarily blurts out, 'There's a gun under my seat.' The officer may lawfully:
Answer: Seize the gun as it was discovered through a spontaneous statement
Spontaneous statements not made in response to interrogation are admissible, and the officer may act on the information provided without a warrant under the plain view/plain feel or exigency doctrines.
The crime of conspiracy requires which of the following elements?
Answer: An agreement between two or more persons to commit a crime and an overt act in furtherance
Conspiracy requires an agreement between two or more people to commit an unlawful act and, in most jurisdictions, at least one overt act taken in furtherance of that agreement.
Which constitutional amendment protects against double jeopardy?
Answer: Fifth Amendment
The Fifth Amendment contains the Double Jeopardy Clause, which protects a defendant from being tried twice for the same offense after acquittal or conviction.