GPSTC Exam 2- Criminal Procedure Exam Questions with Solutions Latest Update 2024- 2025 Guaranteed A+ A car you can: move it - CORRECT ANSWER: see in it so there could be destruction of evidence so it would not be practical to get a warrant
at a DUI checkpoint a reasonable person - CORRECT ANSWER: would not be able to
terminate the encounter to they are seized
California v. Hodari 1991 -officers in street clothes, undercover -youths fled from high crime area -one threw a rock, turned out to be cocaine, when chased -defendant said they were seized when they threw the rock Issue: was the person seized when the rock was thrown? - CORRECT ANSWER: by running away that is not submission so not seized
Carroll v. US 1925 - CORRECT ANSWER: Carroll doctrine- when securing a warrant is reasonably applicable, you must do so. When it is practical to get a warrant to search a car, you have to do it
Ex: an exigency would not apply
Destruction of evidence - CORRECT ANSWER: does not apply to BAC. you could still charge them without BAC but it would be harder to convict.
do you have a reasonable expectation of privacy in what you tell others in
conversations? - CORRECT ANSWER: no, you do not have a reasonable expectation
of privacy in what you tell other people Hoffa v. US 1966
During consent searches, you are - CORRECT ANSWER: not seized so you could end
the encounter
Ex: same facts as Carney but RV is on blocks with tires next to it in an RV park showing the people are there to stay for a little bit (home). You still have probable cause to search the car. Is there still an exigent circumstance? - CORRECT ANSWER: Kinda, if I have to make a decision it's closer to home than a car.
Exclusionary rule is to - CORRECT ANSWER: deter police misconduct
Will this deter police misconduct?If it is a mistake but a reasonable mistake that will not deter it in the future.
Exigent circumstances - CORRECT ANSWER: Allow police to search without a warrant Hot pursuit of fleeing suspect Destruction of evidence- suspects destroying evidence 1 / 2
Safety issue
Factors of attenuation applies - CORRECT ANSWER: Temporal proximity- time
difference Presence of intervening circumstances Flagrancy of the police misconduct (MOST IMPORTANT) -degree of violation -knowingly/purposefully or unitentional
FISA court - CORRECT ANSWER: foreign intelligence surveillance act. Special court that for issues of national security can allow the warrantless search of all information.Super secret court. Allow all kinds of information to be collected. Specific mechanism that was born out of special needs/special courts area. Allows warrantless searches that implicate national security.
Florida v. Bostick -drug interdiction program on bus -entered bus and asked Bostick for ticket and identification -Bostick consented to search of his luggage -officers found cocoaine in luggage and arrested him Issue: would a reasonable person feel like they could terminate the encounter? - CORRECT ANSWER: Decision: The court said that a reasonable person would feel free to terminate the encounter
How to gauge if it there are exigent circumstances: - CORRECT ANSWER: Totality of the circumstances- use all factors from the case
If police order you, not ask you, that is - CORRECT ANSWER: seizure becuase a
reasonable person would not feel free to decline.
In schools, the level to justify a search is a - CORRECT ANSWER: reasonable
suspicion
Issue: are border checkpoints without reasonable suspicion constitutional? -
CORRECT ANSWER: Decision: border checkpoint searches without a reasonable suspicion are constitutional Would apply to airports as well.United States v. Martinez Fuerte 1976
Issue: are information gathering checkpoints constitutional? - CORRECT ANSWER: Decision: these are constitutional, but it must be far enough to be a public safety issue
Ex: for prison escapes
Illinois v. Lidster
Issue: are police allowed to search car after arrest? - CORRECT ANSWER: Decision: police are allowed to search the car after the arrest. They can search passenger
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