HOW TO WRITE ESSAYS FOR CRIMINAL PROCEDURE LAW SCHOOL AND BAR EXAMS. WHAT to Say and HOW to Say It! Tim Tyler Ph.D.
|
|
- Esmond Bell
- 6 years ago
- Views:
Transcription
1 NAILING THE BAR TM HOW TO WRITE ESSAYS FOR CRIMINAL PROCEDURE LAW SCHOOL AND BAR EXAMS WHAT to Say and HOW to Say It! Tim Tyler Ph.D. Attorney at Law
2 NAILING THE BAR How to Write Essays for Criminal Procedure Law School and Bar Exams Table of Contents CHAPTER 1: THE IRAC APPROACH... 1 CHAPTER 2: SPOT AND OUTLINE THE ISSUES!... 2 CHAPTER 3: ISSUE SPOTTING... 5 CHAPTER 4: AVOID NON-ISSUES, RED HERRINGS AND SPLITS... 7 CHAPTER 5: ORGANIZING THE ANSWER... 9 CHAPTER 6: ISSUE STATEMENT STRUCTURE CHAPTER 7: BUDGETING TIME CHAPTER 8: PREFACE RULES WITH CITATION OF AUTHORITY CHAPTER 9: NAILING THE ELEMENTS - THE HEART OF THE ESSAY CHAPTER 10: DON'T GIVE "CONCLUSIONARY" ANALYSIS CHAPTER 11: DON'T "RESTATE FACTS" CHAPTER 12: AVOID "PADDLING " CHAPTER 13: TEST TAKING MECHANICS CHAPTER 14: ESSAY ANSWER FORMATS WHAT TO SAY AND HOW TO SAY IT FOUR PLOYS TO SAVE YOU ON AN EXAM: CHAPTER 15: ANSWERING CRIMINAL PROCEDURE QUESTIONS Practice Question Practice Question Practice Question Practice Question Practice Question Practice Question CHAPTER 16: CONCLUSION APPENDIX A: RULES AND DEFINITIONS APPENDIX B: SAMPLE ANSWERS Sample Answer 15-1: Invalid Warrants, Consent, Plain View, Standing, Exclusionary Rule Sample Answer 15-2: Auto Search, Terry Stop Sample Answer 15-3: Evidence Wrongfully Viewed, Recorded Sample Answer 15-4: Search Incident, Evanescent Evidence, Right to Counsel Sample Answer 15-5: Miranda Violation, Exclusion Sample Answer 15-6: Fruit of Poisonous Tree INDEX iv
3 Chapter 3: Issue Spotting Chapter 3: Issue Spotting Since you lose points for every required issue you fail to discuss, it is CRITICAL TO SPOT all of the issues. BUT DON'T waste time discussing issues that do not really exist. This is easier said than done and introduces a certain level of sadism peculiar to law school. The grader/question writer always wants you to discuss certain required issues. But the graders fall into two basic schools. The first, rational school, simply states the issues to be discussed in the call of the question. The second, less rational and often sadistic school of question writers uses only hints about the intended issues. Sometimes the "hints" are rather obvious. Other times they are so subtle the student has to be a psychic. At this extreme this approach is called HIDING THE BALL, and it is the stuff of law school horror stories. The HIDE THE BALL question utilizes words and fact patterns that only vaguely suggest issues. This is like a code language known only to law school professors. The following is a list of "code" words and facts that are often used to indicate intended issues. Issue Spotting Hints CRIMINAL PROCEDURE: Issue Area and Coded Hint: Intended Issue: SEARCH WITHOUT WARRANT: 1. Pat down: Terry stop w/o warrant? 2. Drugs in cigarette pack/envelope: Not justified for officer protection? 3. Consent to search: Did consenting party have authority? 4. Roommate: No authority to consent? 5. Opening of door, box, chest, room: Improper search w/o warrant? 6. Search of area: Lurch area? After arrest? Protective sweep? 7. Search after pleasant visit: Not for protection? Sweep? Terry stop? 8. Search of house during arrest: Protective sweep? 9. Stop of car: Probable cause for stop? 10. Border/airport/port: Border exception? 11. Suspicious appearance: Probable cause? 12. Plain view: Officers have right to be at location? 13. Turning item to see serial numbers: Not in plain view? 14. Entry of dwelling: Exigency? Hot pursuit? 15. Victim kidnapped or in distress: Exigency? 16. Alcohol/drugs: Evanescent evidence? 17. Blood sample taken from suspect: Unreasonable? Evanescent evidence? 18. Handwriting sample: Unreasonable? 19. Fingerprints taken: Unreasonable? 20. Highway checkpoint: Checkpoint exception? 21. Body search w/o warrant: Justified by evanescent evidence? 22. "Next day", "later", "hours": Time sufficient to obtain warrant? SEARCH WITH WARRANT: 23. Magistrate paid for each warrant issued: Not neutral? 24. "Police Magistrate": Neutral magistrate? 5
4 NAILING THE BAR How to Write Essays for Criminal Procedure Law School and Bar Exams to represent him concerning the other crimes. For example, if the accused is arrested for a burglary on March 1 and requests an attorney, the police must stop questioning about that burglary. But the police can give Miranda warnings all over again and begin asking questions about a burglary on April 1. The accused must again assert his Miranda rights. Right to not Testify and to Confront Adverse Witnesses. Under the 5 th Amendment a criminal defendant has a right to not testify at trial, but under the 6 th Amendment a criminal defendant has a right to confront adverse witnesses. Be on guard for these issues. Be Prepared. You MUST be prepared to give a good recitation of rules for 1) the EXCLUSIONARY RULE, 2) the MIRANDA requirements and 3) the MASSIAH rules. Further, you must know and be able to explain each of the EXCEPTION situations in which a search is allowed without a search warrant. These are given in the following mnemonic. Mnemonic for Search without a Warrant: "Terry Consented to a Lawful Arrest because the Car was Plainly Hot." 1. Terry Stop -- pat and frisk for weapons 2. Consent to Search 3. Incident to a Lawful Arrest -- Search of Person Inventory of Belongings Search of Lurch Area Protective Sweep 4. Car Exceptions Stop with Probable Cause Checkpoint Stop not a dragnet looking for drugs. Border Stop 5. Plain View 6. Hot Pursuit/Exigency CRIMINAL PROCEDURE ISSUES AND ANSWERS FOLLOW THE CALL of the question. But if the call is general, such as "discuss," list the issues as follows: 1) Was the evidence seen in PLAIN VIEW? No warrant is required for police to discover evidence that is in their PLAIN VIEW while observed by reasonable means from a proper position. This is called the OPEN FIELDS DOCTRINE. Important! Here the police were not observing from a proper position by reasonable means because And the evidence was not in the plain view of the police because Therefore 28
5 NAILING THE BAR How to Write Essays for Criminal Procedure Law School and Bar Exams 5) Was the search subject to the HOT PURSUIT exception so it did not require a WARRANT? Under the HOT PURSUIT exception no warrant is required for police to enter property to arrest if they are in hot pursuit of a fleeing suspect. Here the police were not in hot pursuit of a fleeing suspect because Therefore 6) Was the search a TERRY STOP that did not require a WARRANT? Under Criminal Procedure law no warrant is required for a TERRY STOP, where police may PAT and FRISK a person without a warrant searching for WEAPONS if there is an articulable reason to believe it is necessary for safety. Here the search of the defendant was not necessary for safety because the search was not for weapons because And the search was more than a pat and frisk because Therefore 7) Was the search subject to an AUTO EXCEPTION that did not require a WARRANT? Under the AUTO EXCEPTION no warrant is required to search an AUTO, including all compartments and containers within it, if the car is stopped based on probable cause, or at a checkpoint where cars are stopped on a uniform or systematic basis for purposes of a) traffic safety, b) preventing illegal immigration or c) searching for witnesses to crimes recently committed in the area. Important! If a car is stopped for a legitimate reason it can only be searched without a warrant if that is 1) reasonably necessary for officer safety, 2) to prevent the destruction of evidence by the driver or passengers during the stop, or 3) when there is a reasonable suspicion evidence of the crime for which the car was stopped is in the car. Here the car was not stopped with probable cause because Therefore [Warning! The auto exception has been changed twice by the Supreme Court in recent years. The Court ruled in Indianapolis v. Edmond (2000) 531 U.S. 32 that police cannot stop cars at traffic checkpoints looking randomly for drugs or other evidence of criminal activity. Police can only stop cars for traffic safety, to look for illegal aliens or to find witnesses to recent crimes committed in the area. Following that case the Court ruled in Arizona v. Gant (2009) 556 U.S., that if an auto has been stopped for a legitimate purpose the police can only search the car without a warrant for three reasons: 1) for officer safety because the driver or passengers are in a position where they could reach a weapon, 2) to prevent destruction of evidence by the driver or passengers, or 3) there is reasonable suspicion evidence of a crime for which the car was stopped is in the car.] 30
6 Index Index 4 4 th Amendment, 29, 47, 53, th Amendment, 32, 34, 35, 44, 55, th Amendment right to confront witnesses, 28, 34 6 th Amendment right to counsel, th Amendment, 43 A Adverse witnesses, right to confront, 28, 34 Arizona v. Gant, 30 Arraignment, right to counsel, 32 Arrest, search incident warrant exception, 31, 61 Authority, citing, 14 Auto searches, warrant exception, 30, 55, 61 Automobile Searches, need for warrant, 30, 55, 61 B Bail, excessive, protection, 43 Border Search, warrant exception, 31 C Checkpoint Stops, auto exception, 30 Conclusionary analysis, defined, 19 Consensual searches, warrant exception, 32 Counsel, right to, 6 th Amendment, 6, 10, 26, 43, 44, 45, 56 Crawford v. Washington, 35 Cruel and unusual punishment, 43 Cruel and unusual punishment, prohibition, 43 Custodial Interrogation, 48 D Double jeopardy, 35 Dying declarations, admissibility, 34 E Elements, nailing, 15 Evanescent Evidence, legality of search, 29, 52 Exclusionary Rule, 26, 34, 52, 54, 56, 59, 62 Exigent Circumstances, legality of search, 27, 29 Expectation of Privacy, 10, 33, 34, 44, 49, 52, 54, 56, 59, 62 F Forced confessions, prohibition, 32, 44, 55, 58 Fruit of Poisonous Tree, 33, 61, H Harmless error, exclusionary rule exception, 34, 44, 54, 59 Hot Pursuit, legality of search, 30, 51 I Illegal Evidence, use to impeach, 34, 44, 59 Immunity, granting of, 34 Indianapolis v. Edmond, 30 Informants, jailhouse, 33 IRAC approach, 1 Issues, counting, 2, 3 Issues, spotting, 5 J Juries, separate, 34 L Lineups, right to counsel, 32 M Magistrate, neutral, warrant requirement, 29, 47, 53 Miranda Doctrine, defined, 32, 48 Miranda Rights, 32, 44, 55, 58 N New York v. Quarles, 31 Non-issues, avoiding, 7 O Open Fields Doctrine, 28, 44, 45, 53, 58, 61 P Paddling, defined, 21 Particularity, need for in warrants, 29, 43, 47, 53, 55 Plain View Doctrine, 28 Preliminary hearings, right to counsel, 32 Probable cause, defined, 29 Protective Sweep, search exception, 31 Public safety, search/miranda exception, 31 R Red Herrings, defined, 7 Right to confront adverse witnesses, 28, 34 Right to counsel, 6 th Amendment, 32, 53 Right to remain silent, 5 th Amendment, 32, 44, 55, 58 Rules, memorizing, 24 S Searches, intrusive, 27 Searches, non-intrusive, 26
7 NAILING THE BAR How to Write Essays for Criminal Procedure Law School and Bar Exams Splits, discussing, 8 Standing, lack of, exclusion exception, 33, 49 Statements against interest, admissibility, 34 T Terry stops, warrant exception, 30 Trials, right to separate, 34 W Warrants, improper execution, 29 Witnesses, right to confront, 34 Y Yellow Brick Road analogy, 20 64
8 WHAT to Say and HOW to Say it on CRIMINAL PROCEDURE Law School and Bar Exams * The MOST COMMONLY TESTED ISSUES and RULES AND DEFINITIONS to Help Answer Them! * How to SPOT ISSUES! * How to BUDGET TIME on Exams! * CONCLUSIONARY Answers and How to Avoid Them! * 6 PRACTICE QUESTIONS with SAMPLE ANSWERS! This is what LAW STUDENTS are saying about NAILING THE BAR I did exactly what you said to do. And I passed! Vijay D. Nailing the Bar was all I could afford to prepare for the July 2001 Bar. I passed on my first attempt. Thomas N., Deputy City Attorney I didn t go to an ABA school and English is a second language for me. But I passed the Bar! Thanks Shah P. I passed! THANKS! Your approach taught me a LOT Annie B. "Nailing the Bar" gave me the edge I needed to pass the Bar the first time Jay I purchased your outline set :-) -- Great stuff! Rueben B. I used Nailing the Bar strategies on every essay! You re the reason I am a lawyer now. You re the BOMB! Katie N. Before. I didn't have a clue how to spot issues or IRAC! Now I FINALLY GET IT!! Shirley S. I passed! Your method pulled me through. I ve never felt so humble and grateful. Thanks. Dan G. Received my letter today. I passed - got an A. You rock!! Jennifer I passed. In fact, Q4 of the Bar s Selected Answers was MY essay. Your method works!! Steve D. Thanks for writing Nailing the Bar. It earned me a B in my class Dr. Brenda P. With Nailing the Bar I am able to understand IRAC and issue spotting for the first time Beverly W. "Nailing the Bar" was the best guide I have found. Using it I passed the Bar in one try Sabrina Published by ISBN Practical Step Press D
California Bar Examination
California Bar Examination Essay Question: Criminal Law/Criminal Procedure And Selected Answers The Orahte Group is NOT affiliated with The State Bar of California PRACTICE PACKET p.1 Question Deft saw
More informationCriminal Procedure Outline
This outline was created for the July 2006 Oregon bar exam. The law changes over time, so use with caution. If you would like an editable version of this outline, go to www.barexammind.com/outlines. Criminal
More informationUnited States Constitutional Law: Theory, Practice, and Interpretation
United States Constitutional Law: Theory, Practice, and Interpretation Class 4: Individual Rights and Criminal Procedure Monday, December 17, 2018 Dane S. Ciolino A.R. Christovich Professor of Law Loyola
More informationESSAY APPROACH. Bar Exam Doctor BAREXAMDOCTOR.COM. CRIMINAL LAW ESSAY
I. PRINCIPLES OF CRIMINAL LAW a. Actus reus b. Mens rea c. Concurrence d. Causation II. III. ESSAY APPROACH www.barexamdoctor.com CRIMINAL LAW ESSAY ACCOMPLICE LIABILITY a. Elements of accomplice liability
More informationPrivacy and the Fourth Amendment: Basics of Criminal Procedural Analysis for Government Searches and Seizures
AP-LS Student Committee Privacy and the Fourth Amendment: Basics of Criminal Procedural Analysis for Government Searches and www.apls-students.org Emma Marshall, University of Nebraska-Lincoln Katherine
More informationContents. Legal Guide for Police Constitutional Issues 10 th Edition Jeffery T. Walker and Craig Hemmens. Preface. Chapter 1.
Legal Guide for Police Constitutional Issues 10 th Edition Jeffery T. Walker and Craig Hemmens Contents Preface Chapter 1 Introduction 1.1 Criminal Procedure 1.2 Sources of Criminal Procedure Law 1.3 Judicial
More informationMINNESOTA V. DICKERSON United States Supreme Court 508 U.S. 366, 113 S.Ct. 2130, 124 L.Ed.2d 334 (1993)
MINNESOTA V. DICKERSON United States Supreme Court 508 U.S. 366, 113 S.Ct. 2130, 124 L.Ed.2d 334 (1993) In this case, the Supreme Court considers whether the seizure of contraband detected through a police
More informationThe Fourth Amendment places certain restrictions on when and how searches and seizures
Handout 1.4: Search Me in Public General Fourth Amendment Information The Fourth Amendment places certain restrictions on when and how searches and seizures can be conducted. The Fourth Amendment only
More information2. inevitable discovery
This outline was created for the February 2008 California bar exam. The law changes over time, so use with caution. If you would like an editable version of this outline, go to http://www.barexammind.com/california-bar-exam-outlines/
More informationSTATE UNIVERSITY OF NEW YORK COLLEGE OF TECHNOLOGY CANTON, NEW YORK
STATE UNIVERSITY OF NEW YORK COLLEGE OF TECHNOLOGY CANTON, NEW YORK COURSE OUTLINE LEST 221 CRIMINAL PRACTICE Last Revised By: Alexander Lesyk SCHOOL OF BUSINESS AND LIBERAL ARTS March 2015 A. TITLE: Criminal
More informationNOT DESIGNATED FOR PUBLICATION. No. 113,576 IN THE COURT OF APPEALS OF THE STATE OF KANSAS. STATE OF KANSAS, Appellant, TRAE D. REED, Appellee.
NOT DESIGNATED FOR PUBLICATION No. 113,576 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellant, v. TRAE D. REED, Appellee. MEMORANDUM OPINION Affirmed. Appeal from Reno District Court;
More information5. Pursuit... 2:25 6. High Speed Chases... 2:26 III. IDENTIFICATIONS... 3:1 A. In-Person Identifications... 3:1 1. Right to Have Counsel Present...
CONTENTS I. PURPOSE AND USE OF THIS MANUAL... 1:1 II. THE POLICE-CITIZEN ENCOUNTER... 2:1 A. Police Activities That Require No Evidence of Wrongdoing... 2:2 1. Routine Patrol... 2:2 2. The Consensual Encounter...
More informationPolicing: Legal Aspects
CHAPTER 6 Policing: Legal Aspects 1 Policing: Legal Environment No one is above the law not even the police. 2 Policing: Legal Environment The U.S. Constitution was designed to protect against abuses of
More informationCOVINGTON POLICE DEPARTMENT STANDARD OPERATING PROCEDURE
COVINGTON POLICE DEPARTMENT STANDARD OPERATING PROCEDURE Subject: SEARCH AND SEIZURE Date of Issue: 01-01-1999 Number of Pages: 6 Policy No. P220 Review Date: 06-01-2007 Distribution: Departmental Revision
More informationThe Hackers Guide to Search and Arrest. by Steve Dunker J.D. It is legal for an Officer at any time to Ask a person to stop and talk.
The Hackers Guide to Search and Arrest. by Steve Dunker J.D. I. When Can an Officer Legally Stop an individual? A. Voluntary Stops It is legal for an Officer at any time to Ask a person to stop and talk.
More informationCriminal Justice Process
Criminal Justice Process 1. Describe the basic steps that are followed when a crime is investigated. (See the chart on page 135) Search and Seizure Warrant file an affidavit (sworn statement of facts)
More informationTHE LAW PROFESSOR CRIMINAL PROCEDURE ESSAY SERIES ESSAY QUESTION
THE LAW PROFESSOR CRIMINAL PROCEDURE ESSAY SERIES ESSAY QUESTION #1 Officer Jones was notified by Oscar, a police informant, that Jeremy had robbed the jewelry store two hours earlier. Jeremy was reported
More informationAmerican Government. Topic 8 Civil Liberties: Protecting Individual Rights
American Government Topic 8 Civil Liberties: Protecting Individual Rights Section 5 Due Process of Law The Meaning of Due Process Constitution contains two statements about due process 5th Amendment Federal
More informationa) The entry is limited in purpose and scope to discovery of a number as to which there is no reasonable expectation of privacy;
Crestwood Police General Order Warrantless Vehicle Searches Purpose: The purpose of this directive is to provide general guidelines and procedures for commissioned personnel to follow in conducting vehicle
More informationORDER TYPE: NEED TO KNOW. PURPOSE The purpose of this policy is to define legal implications and procedures involved when a search is performed.
Page 1 of 5 YALE UNIVERSITY POLICE DEPARTMENT GENERAL ORDERS Serving with Integrity, Trust, Commitment and Courage Since 1894 ORDER TYPE: NEED TO KNOW 312 EFFECTIVE DATE: REVIEW DATE: 19 MAR 2012 ANNUAL
More informationPolice Ride Alongs. In This Issue: Photograph Lineup. Pedestrian Infraction. Marijuana Odor on a Person
A Newsletter for the Criminal Justice Community Police Ride Alongs In This Issue: Photograph Lineup Pedestrian Infraction Marijuana Odor on a Person Legal Eagle Published by: Legal Eagle Services West
More informationPOLICE AND THE LAW USE OF FORCE
POLICE AND THE LAW USE OF FORCE OBJECTIVE BASIS Allows for informal decision making BUT Formal requirements of the U.S. Constitution Controls formal criminal justice process Fourth, Fifth, Sixth, Eighth
More informationCriminal Justice in America CJ Chapter 7 James J. Drylie, Ph.D.
Criminal Justice in America CJ 2600 Chapter 7 James J. Drylie, Ph.D. Police Legal Aspects The US Constitution is the supreme law of the land. Designed to protect citizens against abuses of police powers.
More informationQUESTION 6. Alan gave the arrest warrant to Bob, an undercover police officer, and told Bob to contact Debbie and pretend to be a hit man.
QUESTION 6 Ivan, an informant who had often proven unreliable, told Alan, a detective, that Debbie had offered Ivan $2,000 to find a hit man to kill her husband, Carl. On the basis of that information,
More informationCh. 5 (pt 2): Civil Liberties: The Rest of the Bill of Rights
Name: Date: Period: Ch 5 (pt 2): Civil Liberties: The Rest of the Bill of Rights Notes Ch 5 (pt 2): Civil Liberties: The Rest of the Bill of Rights 1 Objectives about Civil Liberties GOVT11 The student
More informationTEXARKANA, TEXAS POLICE DEPARTMENT GENERAL ORDERS MANUAL. TPCA Best Practices Recognition Program Reference Searches Without a Warrant
Effective Date February 1, 2008 Reference Amended Date Distribution All Personnel City Manager City Attorney TPCA Best Practices Recognition Program Reference Review Date January 1, 2012 Pages 5 This Operations
More informationDEFINITIONS. Accuse To bring a formal charge against a person, to the effect that he is guilty of a crime or punishable offense.
DEFINITIONS Words and Phrases The following words and phrases have the meanings indicated when used in this chapter according to Black s Law Dictionary, common dictionary, and/or are distinctive to law
More informationSEARCH AND SEIZURE: CAN THEY DO THAT?
SEARCH AND SEIZURE: CAN THEY DO THAT? ANSWERING THE FOURTH AMENDMENT QUESTION Craig Mastantuono Mastantuono Law Office, SC Author s Note: This outline was distributed at a presentation by Attorney Craig
More informationIN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2011
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2011 STATE OF FLORIDA, Appellant/Cross-Appellee, v. CASE NOS. 5D09-4297, 5D09-4298, 5D09-4299, 5D09-4300, 5D09-4301, 5D09-4302,
More informationSearches Conducted by Public School Officials under the Fourth Amendment
Searches Conducted by Public School Officials under the Fourth Amendment 4 th Amendment The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches
More informationMaryland-National Capital Park Police Prince George s County Division DIVISION DIRECTIVE DISTRIBUTION EFFECTIVE DATE
Maryland-National Capital Park Police Prince George s County Division DIVISION DIRECTIVE TITLE FIELD INTERVIEWS & SEARCH AND SEIZURE PROCEDURE NUMBER SECTION DISTRIBUTION EFFECTIVE DATE REVIEW DATE Operational
More informationTHE NATIONAL CENTER FOR JUSTICE AND
10 THE NATIONAL CENTER FOR JUSTICE AND THE RULE OF LAW AND THE NATIONAL JUDICIAL COLLEGE SEARCHES WITHOUT WARRANTS DIVIDER 10 Honorable Mark J. McGinnis OBJECTIVES: After this session, you will be able
More informationCRIMINAL PROCEDURE CONSTITUTIONAL LIMITATIONS IN A NUTSHELL. Fifth Edition JEROLD H. ISRAEL
CRIMINAL PROCEDURE CONSTITUTIONAL LIMITATIONS IN A NUTSHELL Fifth Edition By JEROLD H. ISRAEL Alene and Allan E Smith Professor of Law, University of Michigan Ed Rood Eminent Scholar in Trial Advocacy
More informationLaws of Arrest, Search, & Seizure. Instructor: Judge Mark Arnold (310) Fall, Course Outline
Laws of Arrest, Search, & Seizure Instructor: Judge Mark Arnold (310) 787-3837 Fall, 2015 Course Outline I. Course Description Complete Title: Administration of Justice #170 - "Laws of Arrest, Search,
More informationIN THE COURT OF APPEALS OF INDIANA
FOR PUBLICATION ATTORNEY FOR APPELLANT: ATTORNEYS FOR APPELLEE: E. THOMAS KEMP STEVE CARTER Richmond, Indiana Attorney General of Indiana GEORGE P. SHERMAN Deputy Attorney General Indianapolis, Indiana
More informationFrom the Attorneys at the Legacy Counsel James Publishing
Was That Police Search and Seizure Action Legal? From the Attorneys at the Legacy Counsel www.legacycounselfirm.com James Publishing Contents I. Introduction... 4 II. The Ground Rules... 6 A. The Police
More informationDELMAR POLICE DEPARTMENT
DELMAR POLICE DEPARTMENT Policy 7.4 Searches Without a Warrant Effective Date: 05/01/15 Replaces: 2-5 Approved: Ivan Barkley Chief of Police Reference: DPAC: 1.2.3 I. POLICY In order to ensure that constitutional
More informationTotal Test Questions: 100 Levels: Units of Credit: 0.50
DESCRIPTION The course provides an increased understanding of the criminal justice field with an emphasis on law enforcement. Instruction includes an in depth understanding of the American judicial system
More informationBusiness Law Chapter 9 Handout
Major Differences: 2 Felonies Serious crimes, punishable by Death or prison for more than one (1) year. Misdemeanors Non-serious (petty) crimes punishable by jail for less than one(1) year and/or by fines.
More informationROLE AND AUTHORITY WRITTEN DIRECTIVE: 1.10 EFFECTIVE DATE: REVISION DATE: SUPERSEDES EDITION DATED:
ROLE AND AUTHORITY WRITTEN DIRECTIVE: 1.10 EFFECTIVE DATE: 01-31-1996 REVISION DATE: 07-20-2017 SUPERSEDES EDITION DATED: 08-15-2016 Contents: I. Purpose II. Policy III. Establishing Goals and Objectives
More informationchapter 3 Name: Class: Date: Multiple Choice Identify the letter of the choice that best completes the statement or answers the question.
Name: Class: Date: chapter 3 Multiple Choice Identify the letter of the choice that best completes the statement or answers the question. 1. The exclusionary rule: a. requires that the state not prosecute
More informationState Qualifying Exam Preparation Guide
State Qualifying Exam Preparation Guide (CJ) Exams developed in partnership with Cengage Learning. Book Information Criminal Law and Procedure Author: Daniel E. Hall ISBN-13: 9781285448817 7th Edition
More informationCalifornia Supreme Court Creates a New Exception to the Search Warrant Requirement: People v. Sirhan
SMU Law Review Volume 27 1973 California Supreme Court Creates a New Exception to the Search Warrant Requirement: People v. Sirhan James N. Cowden Follow this and additional works at: https://scholar.smu.edu/smulr
More informationIN THE COURT OF APPEALS TWELFTH APPELLATE DISTRICT OF OHIO. : O P I N I O N - vs - 11/9/2009 :
[Cite as State v. Moore, 2009-Ohio-5927.] IN THE COURT OF APPEALS TWELFTH APPELLATE DISTRICT OF OHIO PREBLE COUNTY STATE OF OHIO, : Plaintiff-Appellee, : CASE NO. CA2009-02-005 : O P I N I O N - vs - 11/9/2009
More informationCh 10 Practice Test
Ch 10 Practice Test 2016-2017 Multiple Choice Identify the choice that best completes the statement or answers the question. 1. What are civil liberties? a. freedom to take part in a civil court case b.
More informationGENERAL ORDER PORT WASHINGTON POLICE DEPARTMENT
GENERAL ORDER PORT WASHINGTON POLICE DEPARTMENT SUBJECT: SEARCH AND SEIZURE NUMBER: 1.7.2 ISSUED: 5/5/09 SCOPE: All Sworn Police Personnel EFFECTIVE: 5/5/09 DISTRIBUTION: General Orders Manual RESCINDS
More informationChapter 10 The Criminal Law and Business. Two elements must exist at the same time for a person to be convicted of a crime:
Chapter 10 The Criminal Law and Business Criminal Liability Two elements must exist at the same time for a person to be convicted of a crime: 1 the performance of a prohibited act (actus reus) 2 a specified
More informationCalifornia Bar Examination
California Bar Examination Essay Question: Criminal Law/Criminal Procedure/Constitutional Law And Selected Answers The Orahte Group is NOT affiliated with The State Bar of California PRACTICE PACKET p.1
More informationARIZONA PEACE OFFICER STANDARDS AND TRAINING BOARD HOUR BASIC CURRICULUM MODEL LESSON PLAN LESSON TITLE: CONSTITUTIONAL LAW 2.
ARIZONA PEACE OFFICER STANDARDS AND TRAINING BOARD 585 - HOUR BASIC CURRICULUM MODEL LESSON PLAN LESSON TITLE: CONSTITUTIONAL LAW 2.10 AUGUST 2017 SUBJECT: AZ POST DESIGNATION: Constitutional Law 2.10
More informationNH DIVISION OF LIQUOR ENFORCEMENT AND LICENSING ADMINISTRATION & OPERATIONS MANUAL
NH DIVISION OF LIQUOR ENFORCEMENT AND LICENSING ADMINISTRATION & OPERATIONS MANUAL CHAPTER: O-411 SUBJECT: Searches Without A Warrant REVISED: February 9, 2010 Review EFFECTIVE DATE: August 14, 2009 DISTRIBUTION:
More informationIN THE COURT OF APPEALS FOR MONTGOMERY COUNTY, OHIO. Plaintiff-Appellee : C.A. CASE NO
[Cite as State v. Mobley, 2014-Ohio-4410.] IN THE COURT OF APPEALS FOR MONTGOMERY COUNTY, OHIO STATE OF OHIO : Plaintiff-Appellee : C.A. CASE NO. 26044 v. : T.C. NO. 13CR2518/1 13CR2518/2 CAMERON MOBLEY
More informationPOLICE TRAFFIC STOPS & HOW SHOULD YOU ACT? WHAT ARE YOUR RIGHTS. Special Report Handling A Police Traffic Stop
POLICE TRAFFIC STOPS WHAT ARE YOUR RIGHTS & HOW SHOULD YOU ACT? Special Report Handling A Police Traffic Stop Know your rights When can your car be searched? How to conduct yourself during a traffic stop
More informationMotion to Suppress Physical Evidence
Search & Seizure Motion to Suppress Physical Evidence [Simplified] The Fourth Amendment The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches
More informationIN THE COMMON PLEAS COURT OF FAIRFIELD COUNTY, OHIO. Plaintiff, : Case No. 12 CR 110
IN THE COMMON PLEAS COURT OF FAIRFIELD COUNTY, OHIO THE STATE OF OHIO, : Plaintiff, : Case No. 12 CR 110 v. : Judge Berens CHARLES W. FURNISS, : ENTRY Overruling in Part and Sustaining in Part Defendant
More informationFEDERAL CRIMINAL PROCEDURE: THE BASICS. Glen A. Sproviero, Esq. Ellenoff Grossman & Schole LLP New York, New York
FEDERAL CRIMINAL PROCEDURE: THE BASICS Glen A. Sproviero, Esq. Ellenoff Grossman & Schole LLP New York, New York gsproviero@egsllp.com WHAT IS CRIMINAL PROCEDURE AND WHAT ARE THE SOURCES OF PROCEDURAL
More informationThe Fourth Amendment places certain restrictions on when and how searches and seizures
Handout 1.4: Search Me in Public General Fourth Amendment Information The Fourth Amendment places certain restrictions on when and how searches and seizures can be conducted. The Fourth Amendment only
More informationCriminal Justice 100
Criminal Justice 100 Based upon the "California Peace Officers Legal Sourcebook" published by the California Department of Justice. Hemet High School Hemet Unified School District (2017-2018) (Student
More informationFOR IMMIGRATION OFFICERS M-69
U.S. Department of Justice THE LAW OF ARREST, SEARCH, AND SEIZURE FOR IMMIGRATION OFFICERS M-69 January 1993 Edition OFFICIAL USE ONLY IMMIGRATION AND NATDRAOZATION SERVICE THIS MATERIAL IS THE PROPERTY
More informationMiranda Rights. Interrogations and Confessions
Miranda Rights Interrogations and Confessions Brae and Nathan Agenda Objective Miranda v. Arizona Application of Miranda How Subjects Apply Miranda Miranda Exceptions Police Deception Reflection Objective
More informationKnow Your. Help End Discriminatory, Abusive & Illegal Policing!
Know Your Rights! Help End Discriminatory, Abusive & Illegal Policing! ChangeTheNYPD.org @changethenypd facebook.com/changethenypd For updates via mobile text, text justice to 877877 This brochure describes
More informationINVESTIGATIVE ENCOUNTERS AT A GLANCE COMMAND LEVEL TRAINING CONFERENCE SEPTEMBER 2015 COURTESY PROFESSIONALISM RESPECT
INVESTIGATIVE ENCOUNTERS AT A GLANCE COURTESY COMMAND LEVEL TRAINING CONFERENCE SEPTEMBER 2015 PROFESSIONALISM RESPECT NOTES INVESTIGATIVE ENCOUNTERS U.S. SUPREME COURT DECISION IN TERRY v. OHIO (1968)
More informationNo. 103,472 IN THE COURT OF APPEALS OF THE STATE OF KANSAS. STATE OF KANSAS, Appellee, BILLY WHITE, Appellant. SYLLABUS BY THE COURT
No. 103,472 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. BILLY WHITE, Appellant. SYLLABUS BY THE COURT 1. The State has the burden of proving that a search and seizure was
More informationCITY OF ONALASKA POLICE DEPARTMENT
CITY OF ONALASKA POLICE DEPARTMENT Policy: Arrest Procedures Policy # 17 Pages: 13 Approved by F & P Committee: 04/02/11 Approved by Common Council: 04/08/11 Initial Issue Date: 01/31/98 Revised dates:
More informationContent Review Form PREREQUISITE COURSE
Target Course: Penal Code 832 Course Content Review Form PREREQUISITE COURSE Prerequisite Course: Must meet state screening requirements Instructions: 1. List exit competencies (skills) from Prerequisite
More informationCivil Liberties & the Rights of the Accused CIVIL RIGHTS AND CIVIL LIBERTIES
Civil Liberties & the Rights of the Accused CIVIL RIGHTS AND CIVIL LIBERTIES In the U.S. when one is accused of breaking the law he / she has rights for which the government cannot infringe upon when trying
More informationAskew v. State. Court of Appeals of Georgia March 12, 2014, Decided A13A2060
Cited As of: June 8, 2015 8:39 PM EDT Askew v. State Court of Appeals of Georgia March 12, 2014, Decided A13A2060 Reporter 326 Ga. App. 859; 755 S.E.2d 283; 2014 Ga. App. LEXIS 135; 2014 Fulton County
More informationVideo Course Evaluation Form. Atty ID number for Pennsylvania: Name of Course You Just Watched
Garden State CLE 21 Winthrop Road Lawrenceville, New Jersey 08648 (609) 895-0046 fax- 609-895-1899 Atty2starz@aol.com Video Course Evaluation Form Attorney Name Atty ID number for Pennsylvania: Name of
More informationSTATE V. GANT: DEPARTING FROM THE BRIGHT-LINE BELTON RULE IN AUTOMOBILE SEARCHES INCIDENT TO ARREST
STATE V. GANT: DEPARTING FROM THE BRIGHT-LINE BELTON RULE IN AUTOMOBILE SEARCHES INCIDENT TO ARREST Holly Wells INTRODUCTION In State v. Gant, 1 the Arizona Supreme Court, in a 3 to 2 decision, held that
More informationSTATE OF WISCONSIN : CIRCUIT COURT : BROWN COUNTY. vs. Case No. 12 CF BRIEF IN SUPPORT OF MOTION TO SUPPRESS EVIDENCE
STATE OF WISCONSIN : CIRCUIT COURT : BROWN COUNTY STATE OF WISCONSIN, Plaintiff, vs. Case No. 12 CF 000000 JOHN DOE, Defendant. BRIEF IN SUPPORT OF MOTION TO SUPPRESS EVIDENCE THE DEFENDANT, John Doe,
More informationv No Kent Circuit Court
S T A T E O F M I C H I G A N C O U R T O F A P P E A L S PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, UNPUBLISHED October 17, 2017 v No. 333827 Kent Circuit Court JENNIFER MARIE HAMMERLUND, LC
More informationOFFICE OF THE SHERIFF ST. MARY'S COUNTY, MD
EFFECTIVE DATE: September 30, 2016 SUBJECT: AFFECTS: OFFICE OF THE SHERIFF ST. MARY'S COUNTY, MD SEARCH AND SEIZURE All Employees Policy No. 4.02 Section Code: Rescinds Amends: 2/22/2016 B 4.02 SEARCH
More informationIN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO
Certiorari Denied, December 11, 2009, No. 32,057 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO Opinion Number: 2010-NMCA-006 Filing Date: October 30, 2009 Docket No. 27,733 STATE OF NEW MEXICO, v.
More informationUS SUPREME COURT ACKNOWLEDGES THAT LAW REGARDING ENTRY ONTO PROPERTY IS NOT CLEARLY ESTABLISHED FOR PURPOSES OF DENYING AN OFFICER QUALIFIED IMMUNITY
November 2013 Texas Law Enforcement Handbook Monthly Update is published monthly. Copyright 2013. P.O. Box 1261, Euless, TX 76039. No claim is made regarding the accuracy of official government works or
More informationPrepare. Activity Options Choose 1 (or more if you have time!) Anticipate. Instruct. Close
Teacher Guide Time Needed: 1 Class Period Materials: Student worksheets Access to icivics.org (optional) Activity pages (as needed) Preparation: Anticipation Activity (half-sheet; class set) Amendment
More informationMINNESOTA v. DICKERSON 113 S.Ct (1993) United States Supreme Court
Washington and Lee Journal of Civil Rights and Social Justice Volume 1 Issue 1 Article 19 Spring 4-1-1995 MINNESOTA v. DICKERSON 113 S.Ct. 2130 (1993) United States Supreme Court Follow this and additional
More informationMICHAEL EUGENE JONES OPINION BY v. Record No JUSTICE LEROY F. MILLETTE, JR. April 15, 2010 COMMONWEALTH OF VIRGINIA
PRESENT: Hassell, C.J., Keenan, 1 Millette, JJ., and Lacy, S.J. Koontz, Lemons, Goodwyn, and MICHAEL EUGENE JONES OPINION BY v. Record No. 091539 JUSTICE LEROY F. MILLETTE, JR. April 15, 2010 COMMONWEALTH
More informationVirginia Commonwealth University Police Department
Virginia Commonwealth University Police Department SECTION NUMBER CHIEF OF POLICE EFFECTIVE REVIEW DATE 1 10 9/4/2013 10/4/2014 SUBJECT SEARCH AND SEIZURE GENERAL It is the policy of the VCU Police Department
More informationPublic Copy CASPER POLICE DEPARTMENT POLICIES AND PROCEDURES. Investigative Procedure: Search & Seizure. 4 - Operations 03C -
Chapter: Change # 4 - Date of Change CASPER POLICE DEPARTMENT POLICIES AND PROCEDURES Number: 4.03C Section: 03C - Investigative Procedure: Search & Seizure RECORD OF CHANGES/REVISIONS Section Changed
More informationWarrantless Searches. Objectives. Two Types of Warrantless Searches. Review the legal rules Discuss emerging issues Evaluate fact patterns
Warrantless Searches Jeff Welty UNC School of Government welty@sog.unc.edu (919) 843-8474 Objectives Review the legal rules Discuss emerging issues Evaluate fact patterns Two Types of Warrantless Searches
More informationIN THE BELLEFONTAINE MUNICIPAL COURT COUNTY OF LOGAN STATE OF OHIO. State of Ohio : Case No. 14TRD01322
IN THE BELLEFONTAINE MUNICIPAL COURT COUNTY OF LOGAN STATE OF OHIO State of Ohio : Case No. 14TRD01322 Plaintiff, : Judge: Beck v. : Motion to Suppress Evidence David C. Taggart, : Defendant. : DEFENDANT
More information5. SUPREME COURT HAS BOTH ORIGINAL AND APPELLATE JURISDICTION
Civil Liberties and Civil Rights Chapters 18-19-20-21 Chapter 18: Federal Court System 1. Section 1 National Judiciary 1. Supreme Court highest court in the land 2. Inferior (lower) courts: i. District
More informationDISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT T.T., a child, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D18-442 [August 29, 2018] Appeal from the Circuit Court for the Seventeenth
More informationArrest, Search, and Seizure
Criminal Law for Paralegals: Chapter 2 Introduction Tab Text Chapter 2 Arrest, Search, and Seizure Introduction This chapter addresses arrests, searches, and seizures. Both arrests and search warrants
More informationAll in Good Faith: N.C. Law and the Good Faith Exception Legal Question of the Week Vol. 4, Number 6 March 25, 2011
All in Good Faith: N.C. Law and the Good Faith Exception Legal Question of the Week Vol. 4, Number 6 March 25, 2011 Brian Beasley Man of Faith and Legal Adviser, HPPD The halls have been all abuzz with
More information21/12/2009 A SURVEY COURSE. Agenda. 1. Topics Covered on the Exam. 2. Sample Exam Questions. 3. Questions
A SURVEY COURSE Agenda 1. Topics Covered on the Exam 2. Sample Exam Questions 3. Questions 1 Topics Covered on the Exam Federalism (Federal Courts vs. State Courts) Common Law/Primary vs. Secondary Authorities/Stare
More informationNOT DESIGNATED FOR PUBLICATION. No. 119,558 IN THE COURT OF APPEALS OF THE STATE OF KANSAS. STATE OF KANSAS, Appellant, JAY BLANCO, Appellee.
NOT DESIGNATED FOR PUBLICATION No. 119,558 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellant, v. JAY BLANCO, Appellee. MEMORANDUM OPINION 2018. Affirmed. Appeal from Johnson District
More informationName: Class: Date: 5. The amendment to the U.S. Constitution that forbids cruel and unusual punishment and prohibits excessive bail is the
1. Roman laws a. often came to include commentaries written by judges. b. treated criminals with compassion. c. were ignored by the Emperor Justinian. d. were condemned by the Roman Catholic Church. 2.
More informationNOT DESIGNATED FOR PUBLICATION. No. 116,398 IN THE COURT OF APPEALS OF THE STATE OF KANSAS. STATE OF KANSAS, Appellant, TYLER REGELMAN, Appellee.
NOT DESIGNATED FOR PUBLICATION No. 116,398 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellant, v. TYLER REGELMAN, Appellee. MEMORANDUM OPINION Affirmed. Appeal from Geary District
More informationStructure of the Criminal Justice System. Developed by Jo Ann Grode 2004
Structure of the Criminal Justice System Developed by Jo Ann Grode 2004 Sources of Law U.S. Constitution (includes Bill of Rights) U.S. Supreme Court decisions U.S. Code (federal laws) Wisconsin Constitution
More informationThe Bill of Rights. Amendments #1-10 GET OUT FLASHCARDS!!
The Bill of Rights Amendments #1-10 GET OUT FLASHCARDS!! Bill of Rights The Bill of Rights protects citizens from government interference. Issues related to the Bill of Rights are still being applied,
More informationSUPREME COURT OF THE UNITED STATES
Cite as: 541 U. S. (2004) 1 NOTICE: This opinion is subject to formal revision before publication in the preliminary print of the United States Reports. Readers are requested to notify the Reporter of
More informationSOC 3395: Criminal Justice & Corrections Overheads Class 12: Pretrial Criminal Procedures 2. * Today we continue our look at pre-trial procedures
SOC 3395: Criminal Justice & Corrections Overheads Class 12: Pretrial Criminal Procedures 2 * Today we continue our look at pre-trial procedures Search & Seizure: * Search & seizure under the Charter:
More information.3 Before being presented to a judge, all applications for search warrants are to be reviewed by the State's Attorney s Office for approval.
CHAPTER 18 SEARCH AND SEIZURE 18.1 GENERAL POLICY.1 It is the policy of the Hagerstown Police Department that searches and seizures shall be conducted in accordance with all state and federal laws, and
More informationSection: 2.310, Page 1 of 10 Effective: August 5, 2011 Reissued: 08/25/16. Towson University Police Department Manual of General Directives
Section: 2.310, Page 1 of 10 2.310 EYEWITNESS IDENTIFICATION These directives are adapted from the Maryland Police Training Commission s eyewitness identification model policy. See also Public Safety (PS)
More informationGENERAL POLICE ORDER CLEVELAND DIVISION OF POLICE
GENERAL POLICE ORDER CLEVELAND DIVISION OF POLICE ORIGINAL EFFECTIVE DATE : ASSOCIATED MANUAL: CHIEF OF POLICE: REVISED DATE: 08/20/2018 RELATED ORDERS: NO. PAGES: 1of 9 NUMBER: Search and Seizure This
More informationRights of the Accused
A. Justification Rights of the Accused 1.Fear of unchecked governmental power / innocent until proven guilty 2. Suspects are citizens and thus have rights 3. Better to free a guilty person than to jail
More informationForensics and Bill of Rights. Elkins
Forensics and Bill of Rights Elkins Our Rights and Their Effect on Forensic Evidence Understanding the rights of United States citizens under the law (Bill of Rights) is vital when collecting, analyzing,
More informationARIZONA PEACE OFFICER STANDARDS AND TRAINING BOARD HOUR BASIC CURRICULUM MODEL LESSON PLAN LESSON TITLE: CONSTITUTIONAL LAW 2.
ARIZONA PEACE OFFICER STANDARDS AND TRAINING BOARD 585 - HOUR BASIC CURRICULUM MODEL LESSON PLAN LESSON TITLE: CONSTITUTIONAL LAW 2.10 NOVEMBER 2011 SUBJECT: AZ POST DESIGNATION: Constitutional Law 2.10
More informationCivil Liberties and Civil Rights. Government
Civil Liberties and Civil Rights Government Civil Liberties Protections, or safeguards, that citizens enjoy against the abusive power of the government Bill of Rights First 10 amendments to Constitution
More informationPRE-TRIAL PROCESSES INITIAL APPEARANCE. What you should know before you get started
PRE-TRIAL PROCESSES What you should know before you get started INITIAL APPEARANCE In person A plea of guilty or a plea of nolo contendere may be made by the defendant or his counsel in open court By mail
More information