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CSULB CRJU 350

Constitutional criminal procedure

QuestionAnswer
united states supreme court has limited or unlimited original jurisdiction? LIMITEd
united states supreme courts votes on what? votes on whether or not to grant petition for certiorari
how many circuts does the united states court of appeals have? 13th circuts.
which circut are we located on? 9th circut.
how many district courts does california have? 4. north, south, east, central
which district court does los angeles go to? Central
how many supreme court justices does california have? 7 justices
what districtis la county and orange county in? 2nd district. and 4th district.
california no longer has what kind of courts? municipal or justice
what percentage of criminal cases dont go to trial? 97%
what does the u.s constitution specifically prohibits what? EX Post Factos laws, bills of attainder, and suspension of writ of habeas corpus.
when does the suspension of Writ of Habeas Corpus not apply? unless we are at war, and it is occuring at the place
what is the major issue with MAPP vs. OHIo? evidence obtained in violation of the 4th ad.
what is the exclutionary rule? illegal search
what is good faith exception. warrant that is valid on its face
what is inevitable discorvery> evidence would have been discovered anyway.
what is impeachment? challenging witness credibility on cross-examination
whatis motion to suppress? if the defense wants evidence suppressed base on the exclusionary rule.
what is the code of motion to suppress? 1538.5
what is rochin v. california? cannot shock the conscience, or offend the justice.
what do you need to draw blood? probable cause.
what do you need to obtain evidence within the body> search warrent.
no warrants shall issue, but upon what? probable cause.
what is not enough to convict someone? proabable cause.
what is probable cause? if u believe a person has commited or have been involved in a crime.
the 4th admendment has two major requirements? reasonable serches and warrent requirements.
what is an avitdavid? a written statement that states the probable cause, made under penelty or purgery.
how is a warrant valid on its face? warrant must identify requiremnet. seem right.
how many times can you execute a warrant? onec
how many days is it valid for> 10 days.
when is the day shift warrent? 7:00 am- 10:pm
when is the night shift warrent> 11pm to 6 am.
what is plain view? just looking at stuff that is legal.
if it is contraband, can we take it? only if there is probable cause. ex hand gun, vs. hunting gun in cabinet
where is the arrest warrent issued? where crime occured.
where is the search warrent issued? where the search occured
what can beat the affitdavid? lacking probable cause, and lies in it.
what are the 3 types of lies? 1. lies you know about, intentional 2. lies you should have known about, 3. lies you didnt know were lies
how can we attack the judge? must be a neutral (not a police or any affilation)
what is terry v.s ohio? stopping someone for questioning,based on reasonable suspension.
what does you need for questioning, and for arrest questioning= reasonable suspicion. for arrest= probable cause
waht happens if suspect runs away when asked to stopped may justify as reasonable suspicion.
when can you search/patdown? only if you have reasonable suspicion that the person is armed.
what do you need in order to believe that persons armed? articulate facts. not just belif. you can check baggy clothing and purses.
when can you search a vehicle? if you beieve the weapons contains weapons the entire passenger compartment may be search weapons
can u stop vehivles based on registration alone? no only for vehicle code violations.
when is no reasonale suspision for canine searches? internationl boarders
what is protective sweeep? check immediate area for a person who might be hiding to ambush officers.
what if a police wants to search somewhere else? need reasonable suspicion in order to go beyond immediate area
what is the shocks the conscience test? evidence is NOT admissible if it was obtained by a method that shocks the conscience or offends the sense of justice. EXAMPLE= stomach pump!!!!
when can you use deadly force? deadly force may be used ONLY IF the officer or bystander was in imminent danger of death or injury.
when can you serch people? ONLY IF the search is specifically authorixed in the search warrant. and may conduct pat down for weapons IF there is reasonable suspicion that the person is armeed.
when is the exception to administrative warrants? when its a heavily regulated businesses where they can destroy evidence like JUNK YARDS< GUNS STORE
what was Wong sun v. US? unconstitutional search or conession is NOT admissible in court.
Created by: pinkkat4 on 2010-02-17



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