Criminal Procedure Midterm

Case law interpreting the "knock and announce" rule provides that:

A "no knock" search warrant based upon reasonable suspicion provides an exception to the rule.

The right to counsel attaches when:

An accused is indicted

Define the standard which permits an officer to use deadly physical force.

An officer may use deadly physical force only if he reasonably believes such force is necessary to defend himself or another from imminent serious physical harm.

The Constitution requires that a lawful arrest must be:

Based upon reasonable suspicion and the reasonableness of the manner in which the arrest is executed.

In determining whether an individual possesses a "reasonable expectation of privacy", the standard applied by the U.S. Supreme Court is:

Based upon whether an individual exhibits a personal expectation of privacy and whether society recognizes that expectation as reasonable.

Based upon reasonable suspicion that criminal activity may be afoot, an officer may:

Briefly detain and question the suspect.

The "totality of circumstances" which may provide probable cause to support a search warrant requires:

Certainty that contraband or evidence of a crime will be found in a particular place

A defendant is guaranteed representation by counsel when:

Charged with any criminal offense.

If a suspect is detained based upon reasonable suspicion, the officer making the detention may:

Frisk the suspect based upon a reasonable belief that the suspect poses a threat of significant physical harm to himself or another person.

Objective reasonableness as it relates to the use of force by a law enforcement officer

Objective reasonableness is a determination based upon the officer's evaluation of the situation in light of the totality of circumstances known to the officer at the time the force is applied and upon what a reasonably prudent officer would do under the same or similar circumstances.

what are the elements of the test used to determine whether a counsel's performance is constitutionally ineffective?

Performance - the defendant must show that counsel's performance fell below and objective standard of reasonableness. Prejudice - The defendant must show that there is a reasonable probability that but for counsel's unprofessional errors, the result of the trial would have been different.

Probable Cause

Probable cause to search requires proof from a reliable source of facts and circumstances which would lead a reasonable person to believe that contraband or evidence of a crime can be found at a particular location.

Reasonable Suspicion

Reasonable suspicion is defined as specific, articulable facts which, when taken together with the reasonable inferences therefrom, lead an officer to believe that criminal activity may be afoot.

Execution of a "no knock" search warrant:

Requires probable cause to search and reasonable suspicion of exigent circumstances.

The knock and announce rule

The "knock and announce" rule requires that prior to execution of a search warrant, police knock and announce their authority and purpose before entering.

The mandate of due process of law refers to

The rule that all citizens must be treated equally

Identify at least four factors which distinguish a Terry V. Ohio "stop and frisk" from an arrest.

The standard applied is different - reasonable suspicion v. probable cause; The scope and duration of detention - brief, investigatory stop to determine whether criminal activity may be afoot v. taking an individual into custody for an indefinite period of time; The officer is allowed to draw reasonable inferences from the facts; Search is limited to a pat down for weapons v. more expansive search body search for contraband or evidence of crime.

The test for determining probable cause to search is:

Totality of Circumstances