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Criminal Procedure (Search & Seizure (Searches and Seizures need a…
Criminal Procedure
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Guilty Pleas
Judge must follow the plea-taking colloquy on record: Nature of charge; Maximum authorized sentence and any statutory minimum; Right to plead not guilty and to have a trial; defendant waiving right to trial
The accused cannot then withdraw her guilty plea unless: Defective plea-taking colloquy; Jurisdictional defect; Ineffective assistance of counsel; or Prosecutor fails to fulfill their side of the bargain
Exclusionary Rule - the main sanction against the state for violating an accused's constitutional rights
Fruit of the Poisonous - any evidence gathered as a result of the state's unconstitutional conduct is inadmissible against the person whose rights were violated unless an exception applies
Exceptions
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Doctrinal
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Reasonable good faith reliance on facially valid warrant, although later found to be lacking probable cause
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Confessions
Confessions may be suppressed if obtained in violation of the Due Process Clause, the Sixth Amendment right to counsel, or the First Amendment Miranda doctrine
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Miranda warnings: Right to remain silent; Any statements can be used against you; Right to counsel before and during questions; If you cannot afford a lawyer, one will be appointed for you.
Double Jeopardy
Prohibits a person being brought twice in jeopardy of life or limb for the same offense by the same sovereign