Crim Pro Checklist

Here's what I've been using to help think through and organize the practice exam for Crim. Pro., it's taken from this book.

1) Search & Seizure And Arrest
i) Does the 4th Amendment apply?
(a) Is it government conduct?
(b) Has a reasonable expectation of privacy been violated?
ii) Was the conduct justified?
(a) Type of intrusion?
(b) Level of justification required?
iii) Was a warrant required?
(a) For a search, did the conduct fall within an exception to the warrant requirement? (see below) If not, warrant required.
(b) For an arrest, did the arrest occur in a home or a public place? Warrant required for the home.
iv) If a warrant is required, were the prerequisites for a valid warrant complied with?
(a) Was it issued by a neutral and detached magistrate?
(b) Was there probable cause supported by oath or affirmation?
(c) Did the warrant particularly describe the place to be searched and items to be seized?
v) If a warrant was not required, were the prerequisites for warrantless search and seizure complied with?
(a) Emergency exception
1. Exigency
2. Probable Cause
(b) Search incident to a lawful arrest (SILA)
1. Lawful arrest (PC)
2. Limited to grabbable space
(c) Automobile exception
1. Mobile vehicle
2. PC
(d) Stop and Frisk
1. Reasonable suspicion to believe criminal activity is afoot
2. Reasonable suspicion to believe subject is armed and dangerous
(e) Administrative and Inventory searches
1. Noncriminal purpose
2. Limits on police discretion
(f) Consent
1. Voluntary
2. Third-party authority
(g) Plain view doctrine
1. Lawful intrusion
2. Item immediately apparent as contraband or evidence
vi) If a violation occurred, does the exclusionary rule apply?
1. Standing (Ankh-Doctrine Formerly Known As Standing-Prince)?
2. Good faith?
3. Evidence solely admitted for impeachment?
vii) Does the derivative evidence doctrine apply?
(a) Is the item the fruit of the poisonous tree?
(b) If so, does one of the exceptions apply?
1. Did the taint become attenuated?
2. Was there an independent source?
3. Would the item have been inevitably discovered?