Mississippi Criminal Law and Procedure Review

A set of flashcards covering Mississippi-specific and federal constitutional law, criminal law, and criminal procedure, based on MS Bar Exam (MEE) Rule Matrices.

Under Miranda v. AZ, when are police required to give Miranda warnings?

Before questioning begins when a suspect is subject to both custody and interrogation.

What is the legal definition of 'Custody' for Miranda purposes?

A suspect is in custody when, based on police conduct or surrounding circumstances, the suspect would not feel free to leave.

What constitutes 'Interrogation' under Miranda?

Occurs when police ask questions or act in a way likely to elicit an incriminating response.

What is the 'Invocation Rule' for criminal suspects?

A suspect must affirmatively invoke the right to remain silent to stop an interrogation.

What are the three requirements for a valid waiver of Miranda rights?

The waiver must be made knowingly (intent to waive), intelligently (understanding rights), and voluntarily (non-coercive).

What is the remedy for a conviction obtained after a denial of the required 6th Amendment Right to Counsel (RTC) at trial?

The conviction should be overturned (Gideon v. Wainwright).

When does the 6th Amendment Right to Counsel officially attach?

Only after the start of adversary judicial criminal proceedings, such as formal charges, preliminary hearings, indictment, information, or arraignment.

What is the 'Plain Feel Doctrine' established in Terry v. OH?

An officer may confiscate a weapon during a protective frisk if the weapon is felt.

According to Riley v. CA, what is the rule regarding warrantless searches of cell phone digital data?

Police generally may not, without a warrant, search digital information on a cell phone seized from an individual who has been arrested.

What is the Mississippi-specific time requirement for the Right to Speedy Trial?

A criminal defendant must be tried within $270$ days; failure to do so may result in dismissal of the indictment unless good cause is established.

How many peremptory challenges are permitted per side in a Mississippi felony trial?

Each side is permitted $6$ peremptory challenges, unless the crime is punishable by life imprisonment or death, in which case the number is $12$.

What is the standard required for an officer to conduct an Investigatory Stop?

Reasonable suspicion, which exists when an officer observes unusual conduct leading them to conclude criminal activity is about to take place.

What establishes Probable Cause (PC) for a full search and seizure under the 4th Amendment?

Reasonably trustworthy facts that would cause a person of reasonable caution to believe a crime occurred and evidence will be found in the place searched.

How does Mississippi law differ from the Federal Rule (FR) regarding Conspiracy?

Mississippi does not require proof of an 'overt act' in furtherance of the conspiracy; the crime is formed once the agreement is entered.

Does Mississippi follow the bilateral or unilateral theory of conspiracy?

Bilateral; it requires an actual agreement between $2$ or more persons, and a person acting alone cannot be guilty even if they want to commit the crime.

Which extension has Mississippi added to the Plain View Doctrine?

Mississippi extends the doctrine to include 'Plain Smell.'

What are the three elements of the Plain View Test?

1. Officer is lawfully present; 2. Officer has a lawful right of access to the object; 3. The object's incriminating character is immediately apparent.

In Mississippi, what dollar amount converts embezzlement into a felony?

Taking more than $1,500$.

What is the distinction between Simple Assault and Aggravated Assault in Mississippi?

Simple assault involves 'bodily injury,' while aggravated assault involves 'serious bodily injury' or the use of a 'deadly weapon' or means likely to produce death/serious harm.

Under Mississippi Code 97-17-93, what is a valid defense to a Trespass charge?

The person was lost and did not know they entered another's property (did not 'knowingly' enter).

What constitutes 'Prima Facie' evidence of intent to shoplift in Mississippi?

Concealment of merchandise.

At what value is shoplifting punished as a felony (Grand Larceny) in Mississippi?

Merchandise worth more than $500$.

What is the 'Substantial Disruption Doctrine' from Tinker v. Des Moines?

K-12 public schools cannot prohibit student speech unless it materially and substantially interferes with the operation of the school or appropriate discipline.

Can a completely private school be subject to a 1st Amendment free speech claim?

No, because it does not involve government action.

What was the Supreme Court's ruling in Mahanoy Area Sch. Dist v. B.L. regarding off-campus speech?

School officials normally lack the authority to regulate student speech that occurs completely away from school (such as off-campus social media posts).

When does conduct constitute 'Symbolic Speech' protected by the 1st Amendment?

When it is intended to express a message that others are likely to perceive.

Under Mississippi law, what are the three unprotected categories of speech that the state can punish?

1. Fighting words; 2. Obscene words; 3. Libelous words.

According to Miss. Code § 45-9-55, when can a private employer prohibit an employee from keeping a firearm in their vehicle?

Only when the parking area is gated and access is restricted.