Criminal Procedure Bar Review: Most Tested Areas of Law on the Bar Exam [BAR BLITZ PREVIEW]

Want the rest of this video? Unlock the full lesson — plus 200+ videos, outlines, study aids, and more — for just $29/month: https://www.studicata.com 00:00 What’s Tested Most in Criminal Procedure An overview of the bar’s most frequently tested Criminal Procedure topics: 4th, 5th, and 6th Amendment violations—and how they trigger the exclusionary rule and fruit of the poisonous tree doctrine. 00:30 The Exclusionary Rule and Fruit of the Poisonous Tree If the government violates your 4th, 5th, or 6th Amendment rights, the evidence obtained (or derived from that evidence) is generally inadmissible—unless an exception applies. 01:56 Jumping Into the Fourth Amendment The Fourth Amendment protects against unreasonable searches and seizures, which fall into two broad categories: searches/seizures of evidence and of persons. 02:53 What Counts as a Seizure of a Person A seizure occurs when a reasonable person would not feel free to leave. Classic example: getting pulled over by a police officer with flashing lights. 05:30 Terry Stops vs. Arrests A Terry stop is a brief detention based on reasonable suspicion of criminal activity. An arrest is a more substantial seizure and requires probable cause. 07:08 Reasonable Suspicion vs. Probable Cause Terry stops require articulable facts suggesting criminal activity. Arrests require probable cause—like direct observation or credible witness information. 08:45 From Terry Stop to Arrest A Terry stop can evolve into a lawful arrest if new facts discovered during the stop rise to the level of probable cause. 10:40 Do You Need a Warrant to Arrest Someone? Usually, no. The only time a warrant is required to arrest is when the arrest happens inside the suspect’s home. 11:22 Fourth Amendment Searches of Evidence Unlike arrests, evidentiary searches generally require a valid search warrant unless an exception applies. 12:24 Step One: Is the Search by a Government Actor? Fourth Amendment protections only apply to government actors. Private employers or landlords rummaging through your stuff don’t count. 13:12 Step Two: Was There a “Search” Under the Fourth Amendment? A “search” means physical intrusion into an area where the defendant has a reasonable expectation of privacy. 14:22 What’s Not a Search? Anything visible from public spaces—like sidewalks or airspace—is fair game and not protected by the Fourth Amendment. 15:14 Places with a Reasonable Expectation of Privacy People generally have a reasonable expectation of privacy in homes (including curtilage), offices, hotel rooms, and luggage. 16:30 Open Fields Doctrine There’s no reasonable expectation of privacy in open fields—even on private land behind fences. Open fields = no Fourth Amendment protection. 17:31 Recap: When Is a Search Lawful? If a government agent physically intrudes into a protected area, they need a valid warrant or an exception—otherwise, it’s an unlawful search. 18:42 Step Three: Does the Government Have a Valid Search Warrant? A valid search warrant must (1) be issued by a neutral magistrate, (2) be based on probable cause, and (3) describe the place and items with particularity. 21:28 Exception: Good Faith Reliance on Invalid Warrants Even if a warrant is technically invalid, evidence may still be admissible if the police relied on it in good faith and it was facially valid. 22:30 Step Four: Was the Warrant Properly Executed? To properly execute a warrant, police must (1) act promptly, (2) knock and announce, and (3) stay within the scope of the warrant. 24:13 Knock-and-Announce Violations Don’t Always Exclude Evidence Failure to knock and announce doesn’t automatically exclude evidence if everything else was done properly. 24:44 Staying Within the Scope of the Warrant Officers can’t open containers too small to hold the object described in the warrant. Doing so exceeds the scope and renders the search unlawful. 26:14 The Four-Step Framework for Evidentiary Searches To assess a Fourth Amendment search: (1) Is a government actor involved? (2) Is there a physical intrusion into a protected area? (3) Is there a valid search warrant? (4) Was the warrant properly executed? 27:49 What If There’s No Warrant? If there’s no valid warrant, the search is unlawful—unless a recognized exception applies. First up: exigent circumstances like hot pursuit. 28:06 Watch the Full Criminal Procedure Bar Blitz To continue this lesson and access all Bar Blitz videos, start a free trial of Studicata Bar Review. Link in the description below. Thinking about using Studicata? You’re in good company. ✅ Trusted by 100,000+ law students and bar takers ✅ Featured and recommended by top law schools ✅ Named the 81st fastest-growing education company in the U.S. by Inc. See why so many future lawyers choose us to study smarter—not harder: 👉 https://www.studicata.com