Criminal Procedure (Search and seizure (Fourth Amendment (State action?…
Search and seizure
Search or seizure?
Warrant or exception?
Execution of warrant proper?
Standing to protest?
Search: physical intrusion
Main sanction against for violating constitutional rights
"Fruit of the poisonous tree"
Found not to be fruit
Test: whether the confession was involuntary
Invoke right to counsel?
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
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
Prohibits person being twice in jeopardy for same offense
Nature of charge
Maximum authorized sentence and any statutory min.
Right to plead not guilty
Defendant waiving right to trial