Criminal Law and Procedure Flashcards

Under the 'good faith' exception to the exclusionary rule established in United States v. Leon, evidence seized pursuant to a defective warrant may be admissible if:

Answer: The officer objectively and reasonably relied on the warrant's validity

The good faith exception applies when officers act in objectively reasonable reliance on a warrant later found to be defective, as long as the warrant was not facially invalid.

A vehicle exception to the warrant requirement allows officers to search a vehicle without a warrant when:

Answer: There is probable cause to believe the vehicle contains evidence of a crime

The automobile exception, established in Carroll v. United States, allows warrantless searches when there is probable cause to believe the vehicle contains contraband or evidence of a crime.

Which of the following is an element of robbery that distinguishes it from theft?

Answer: The taking occurs through force or fear directly from a person

Robbery is a theft committed through the use of force or putting the victim in fear, taking property directly from their person or presence.

A public defender is appointed for an indigent defendant at which stage of criminal proceedings?

Answer: At any critical stage of prosecution, including post-charge lineups and interrogations

Under Gideon v. Wainwright and subsequent cases, the right to counsel attaches at all critical stages of prosecution — any point where the absence of counsel might harm the defendant's case.

What distinguishes first-degree murder from second-degree murder in most U.S. jurisdictions?

Answer: Premeditation and deliberation in first-degree versus absence of those in second-degree

First-degree murder typically requires premeditation and deliberation — a conscious decision to kill made in advance — while second-degree murder is intentional but lacks that prior planning.

Under the exigent circumstances exception to the warrant requirement, officers may enter a home without a warrant when:

Answer: There is an emergency threatening life, imminent destruction of evidence, or hot pursuit of a felon

Exigent circumstances allowing warrantless entry include emergencies threatening life or safety, the imminent destruction of evidence, and hot pursuit of a fleeing felon.

The corpus delicti rule in criminal law requires that:

Answer: A defendant's confession must be corroborated by independent evidence that a crime occurred

The corpus delicti rule requires independent evidence establishing that the crime actually occurred before a defendant's confession alone can support a conviction.