Criminal Procedure Rules from Wrong Answers

Who may have a reasonable expectation of privacy in a home so as to have standing to assert a Fourth Amendment claim regarding a search there?

someone who lives there, owns it, or is an overnight guest there

For an interrogation, are handwriting samples testimonial so as to require Miranda warnings?

no, handwriting samples are not testimonial in nature, and do not require Miranda warnings

When may a parent consent to the police searching the room of their son or daughter?

when they have general access to the room

Pursuant to a search warrant, can police search individuals on the premises they suspect, but are not named in the warrant?

no. if theyre not named in the warrant, they can’t be searched

When does the 5th Amendment right to counsel under Miranda apply?

only to custodial interrogations by the police or one known to be an agent of the police

When 2 Ds are tried together and one has given a confession implicating another, may that statement of confession be used for the implicated D?

No, because the right of confrontation says criminal Ds have a right to cross examine witnesses against them, and one co-D cannot compel another to testify subject to cross examination

When may a confession obtained without giving Miranda warnings be used?

when its voluntary, and used specifically for the limited purpose of impeaching a D who testifies at trial. it may NOT be used to show guilt

Do security guards in stores count as police so they are required to give Miranda warnings upon taking someone into custody?

No

What are the four factors used to determine if D’s right to a speedy trial has been violated?

1. length of delay;

2. reason for delay;

3. whether D has asserted the right; and

4. prejudice to D

If a victim dies before jeopardy attaches in a criminal trial, may the prosecution charge the defendant with homicide upon the end of the first trial?

No, because the prosecution may not retry a defendant for the same offense again after jeopardy attaches

When do two crimes from the same incident not constitute the same offense to invoke double jeopardy?

if each crime requires proof of an additional element that the other crime does not require, even though some of the same facts may be necessary to prove both crimes

When does the automobile exception to the warrant requirement apply?

• where may police search?

when police have probable cause to believe there is contraband in the vehicle, they can search anywhere the object they’re looking for may reasonably be found

Who may give police consent to search property?

one who appears to have an apparent right to use or occupy the premises