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CSULB CRJU 350
Constitutional criminal procedure
| Question | Answer |
|---|---|
| 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
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