Criminal Procedure

Core MBE-tested Criminal Procedure rules, each with a primary-source citation. Open in rapid-review mode →

• Fourth Amendment BasicsThe Fourth Amendment protects against unreasonable searches and seizures by government actors.
• Reasonable Expectation of PrivacyA search occurs when government intrudes on a reasonable expectation of privacy.
• Standing to Challenge SearchStanding requires the defendant to have a personal privacy interest in the place or item searched.
• Warrant RequirementsWarrants require probable cause, oath, and particularity describing place and items to be searched.
• Probable Cause StandardProbable cause exists when facts would lead a reasonable person to believe evidence or contraband will be found.
• Particularity RequirementWarrants must specifically describe the place to be searched and items to be seized.
• Knock-and-Announce RulePolice must knock and announce unless reasonable suspicion of danger, futility, or evidence destruction exists.
• Search Incident to ArrestSearch incident to a lawful arrest permits searching arrestee and immediate control area.
• Automobile SearchesPolice may search a vehicle with probable cause that it contains contraband or evidence.
• Plain View DoctrinePolice may seize items in plain view if lawfully present and incriminating nature is immediately apparent.
• Consent SearchesConsent must be voluntary by one with actual or apparent authority.
• Third-Party ConsentCo-occupants may consent unless a present co-occupant expressly refuses.
• Exigent CircumstancesPolice may enter without a warrant to prevent harm, escape, or evidence destruction.
• Protective SweepsIncident to arrest, police may conduct a limited sweep for dangerous persons with reasonable suspicion.
• Terry StopsA Terry stop requires reasonable suspicion of criminal activity.
• Terry FrisksA frisk requires reasonable suspicion that the suspect is armed and dangerous.
• Stop-and-Frisk ScopeFrisks are limited to weapons; seizures of contraband allowed only if plainly identifiable.
• Arrests Without WarrantsPolice may arrest in public on probable cause; home arrests require a warrant absent exigency.
• Wiretapping & EavesdroppingWiretaps require probable cause and minimization; no REP for conversations with undercover agents.

• Exclusionary RuleIllegally obtained evidence is excluded unless an exception applies.
• Fruit of the Poisonous TreeDerivative evidence is excluded unless attenuation, independent source, or inevitable discovery applies.
• Good-Faith ExceptionEvidence is admissible when police reasonably rely on a facially valid warrant.
• Attenuation DoctrineIntervening acts may dissipate the taint of illegality.
• Independent Source DoctrineEvidence is admissible if obtained independently from the illegal search.
• Inevitable Discovery DoctrineEvidence is admissible if it would have been lawfully discovered anyway.

• Miranda: Custody RequirementMiranda applies only when a suspect is in custody—formal arrest or equivalent restraint.
• Miranda: Interrogation RequirementInterrogation includes express questioning or its functional equivalent likely to elicit incriminating responses.
• Miranda WarningsWarnings must inform suspect of rights to silence, counsel, and that statements may be used.
• Invocation of Right to SilenceInvocation must be unambiguous; police must scrupulously honor it.
• Invocation of Right to CounselOnce invoked, all questioning must cease unless suspect initiates communication.
• Edwards RulePolice cannot reinitiate interrogation after counsel is invoked unless attorney is present.

• 6th Amendment Right to CounselThe right attaches at initiation of adversarial proceedings and is offense-specific.
• Lineups & IdentificationPretrial identifications must not be unnecessarily suggestive and must have independent reliability.
• Right to Speedy TrialSpeedy trial rights consider length of delay, reasons, defendant’s assertion, and prejudice.
• Right to Public TrialThe Sixth Amendment guarantees a public trial absent compelling reasons for closure.
• Right to Jury TrialThe right applies to serious offenses with possible imprisonment over six months.

• Double JeopardyJeopardy attaches at jury empanelment or first witness; prohibits retrial for same offense after acquittal or…
• Plea BargainingGuilty pleas must be knowing, voluntary, and intelligent.
• Prosecutorial DisclosureProsecutors must disclose exculpatory evidence material to guilt or punishment (Brady rule).
• Competency to Stand TrialDefendants must have present ability to consult with counsel and understand proceedings.