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Criminal Law 101: Court Cases
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Criminal Law 101: Court Cases
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25 Questions

1. Officers may search the suspect and the adjoining space region incident to a lawful arrest; if there is reasonable suspicion to believe that there is hidden danger present - officers may conduct a protective sweep of the area - but it is only to be a

2. Suspects must be informed of their basic rights at the point of arrest - particularly the right to remain silent and the right to have counsel present during any interrogations; confessions must meet the tests of voluntariness and awareness

3. Evidence illegally seized by a federal official cannot be used in federal court

4. Newly discovered evidence demonstrating the actual innocence of the person sentenced to death does not provide automatic habeas corpus relief

5. Police may stop and search a vehicle without a warrant if there is probable cause to believe that the vehicle is carrying individuals or articles that offend the law - and the vehicle is now or is about to be moved

6. Police may conduct brief - scientifically random/systemic - suspicionless searches of motorists at fixed roadside checkpoints

7. Civil forfeitures under RICO are not automatic; they require a separate civil proceeding

8. Evidence discarded by an individual fleeing from the police is admissible in court - even if the police had no advance cause to focus attention upon the person who discarded the material

9. Probationers have the right to an attorney at probation revocation hearings

10. If the criminal conduct is the product of government agent creativity/if the government induced the individual to commit a crime that they otherwise would not have committed - the government action would be considered entrapment and the individual wo

11. The death penalty cannot be administered to those who were 17 years of age or under when the offense was committed

12. If probable cause of another offense arises during a routine vehicle/traffic stop - every occupant and every part of the vehicle and its contents - including closed and locked containers in the vehicle - may be searched; search justification arises o

13. Once suspects invoke their right to an attorney - officials must cease questioning the suspect until counsel is present

14. The erroneous admission of a coerced confession at trial does not constitute grounds for an automatic mistrial; in some cases - an involuntary confession can be taken and legally admitted as evidence; the totality of the circumstances is to be consid

15. Evidence that is unlawfully seized by any official cannot be used in federal court; the exclusionary rule is applied to the federal courts

16. Evidence seized by reasonably well- trained officers acting in good faith - is admissible - even if the seizure technically violated the law; known as the good faith exemption

17. Assets forfeited under RICO are limited to those that were gained from and/or used in the criminal enterprise

18. (good faith exemption) evidence seized by reasonably well- trained officers acting in good faith - is admissible - even if the seizure technically violated the law

19. The standard proof in a juvenile court adjudication is beyond a reasonable doubt

20. There is no right to a jury trial for juveniles being adjudicated in juvenile court

21. Illegally seized evidence can be used to impeach a witness who takes the stand during a trial

22. The death penalty is not being administered equitably

23. Parolees have no right to legal counsel at parole revocation hearings

24. Totality of the circumstances test - taken piecemeal - the evidence may not amount to probable cause - but if taken together as a whole the evidence achieves that level - the legal standard of proof for the search has been met

25. Inevitable discovery exemption - evidence that was illegallyseized may be used in court if it can be shown that it would have inevitably been discovered

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