criminal justices

1) In determining if a consent search is valid and thus the evidence seized is admissible in court, the judge asks three questions. Each of the questions must be answered YES in order for the consent search to be valid and the evidence admissible. What are the three questions?
Question 1 is Did the person who granted consent have the lawful authority to give consent? Question 2 is Was the consent voluntary and intelligent? Question 3 is Was the search within the permissible scope?
2) A police officer can lawfully stop a motor vehicle in three ways. Identify each of the ways in which a vehicle can be stopped. Be sure to include the level of proof required for each.

First way to lawfully stop a motor vehicle is based on reasonable suspicion of occupant involvement in criminal activity. Second way to lawfully stop a motor vehicle is probable cause to believe the person has committed a traffic offense. Third way to stop a motor vehicle is at a roadblock/checkpoint which requires no level of proof to stop a vehicle at a roadblock.
3) The police are able to seize items in plain view as long as three requirements are met. What are the three requirements?

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First requirement is the item must be seen by the officer. Second requirement is the officer must be legally present in the place from which the item is seen. Third requirement is it must be immediately apparent that the item is subject to seizure.
4) A person must be provided their Miranda warnings whenever there is custodial interrogation. A person is in custody if one of two situations is present. Similarly, a person is under interrogation if one of two situations is present. Identify each of the situations in which a person is in custody and under interrogation.

In custody – First situation is when the suspect is under arrest. Second situation is when the suspect has been deprived of freedom in a significant way.
Under interrogation – First situation when the police ask questions that the responses to which tend to incriminate. Second situation when no questions are asked but the police have created the functional equivalent of an interrogation.
5) A person has a right to be represented by counsel at every critical stage of the criminal proceeding. Identify five critical stages of the criminal proceeding in which a person has a right to counsel.

(1) Custodial interrogation, (2) Lineups (if formal charges have been filed), (3) Preliminary hearings, (4) Arraignments, (5) Trials, (6) Sentencing, (7) Appeal from a conviction (if counsel is available to others).

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