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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. Garbage containers outside of the curtilage of the home are considered abandoned and may be searched without a warrant and without cause

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

3. Defendants have no Constitutional right to waive a jury trial

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

5. Juvenile court proceedings must possess the elements of basic fundamental fairness; juveniles have the right to a proper hearing - to have an advance notification of that hearing and its purpose - the right to be present at the hearing - the right to

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

7. Inmates have the right to an institutional disciplinary hearing - written advance notice of the hearing - to present evidence/witnesses/testify in their own behalf at the hearing - and a formal ruling is to be placed in their file

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

9. An investigatory search may be conducted if the totality of the circumstances establishes reasonable suspicion to believe that a person matches the drug courier profile

10. Randomized consent searches of individuals who are on public transportation is acceptable - even though such searches carry some degree of implied coercion and are not truly voluntary; the governing test is whether a reasonable person feels free to d

11. 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

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. Defendants are entitled to a limited number of habeas appeals in capital cases

14. Exclusionary Rule applied to the states - evidence unlawfully seized is inadmissible in court

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

16. Reasonable suspicion can be used as the basis for investigative searches and seizures in situations involving pre-eminent public interests; specifically - reasonable suspicion is the standard to be used to allow investigatory searches of individuals

17. The death penalty is not being administered equitably

18. 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

19. The 2nd Amendment protects the right of individuals to possess a firearm for personal use; specifically - there is a constitutional right to keep a handgun in the home for self defense

20. 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

21. A stop and frisk search may be conducted when there is reasonable suspicion to believe that an individual is now or is about to engage in criminal behavior

22. 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

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

24. 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

25. Plain view doctrine - if the officer is legally present - the offending objects are in plain view - and the incriminating nature is readily apparent - the items may be seized without a warrant

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