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Criminal Procedure (Search and seizure (Fourth Amendment (State action?…
Criminal Procedure
Search and seizure
Fourth Amendment
State action?
Search or seizure?
Warrant or exception?
Execution of warrant proper?
Standing to protest?
Evidence suppressed?
Search: physical intrusion
Seizure: arrest
Exclusionary rule
Main sanction against for violating constitutional rights
"Fruit of the poisonous tree"
Procedural executions
Doctrinal exceptions
Found not to be fruit
Confessions
Fifth Amendment
Miranda doctrine
Test: whether the confession was involuntary
Custody?
Interrogation?
Warnings given?
Invoke right to counsel?
Waive rights?
Right to remain silent
Any statement can be used against you
Right to counsel before and during questioning
If you cannot afford a lawyer, one will be appointed for you
Sixth amendment
Right to counsel
Right to silence
Privilege against self-incrimination
Can invoke in custodial interrogation and in any proceeding with testimony under oath
Does not apply to physical evidence or to prior uncompelled communication
Double jeopardy
Prohibits person being twice in jeopardy for same offense
Guilty plea
Nature of charge
Maximum authorized sentence and any statutory min.
Right to plead not guilty
Defendant waiving right to trial