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Criminal Procedure (Guilty pleas (Nature of charge, Maximum sentence,…
Criminal Procedure
Guilty pleas
Nature of charge
Maximum sentence
Right to plea not guilty
Waiving trial
Exclusionary Rule
sanction against violation of rights
inadmissible in court
exceptions
Proecedure
impeachment
Grand Jury
Parole revocation
Civil Proceedings
Doctrine
Knock and announce
Reasonable good faith or valid warrant
Clerical errors at court
Isolated negligence
not of the poisonous tree
Independent location
inevitable discovery
Attenuations
Search and Seizure
4th Amendment
Warrant Needed
Execution must be reasonable
Warrant not needed
Plain view
Consent
Exigent circumstances
Public danger
Destruction of evidence
suspect escape
Automobiles
Search incident to arrest
Persons (for weapons)
Cars (evidence of arrest - not speeding)
House (reasonable suspicion of danger)
Terry stop
search
Physical intrusion into constitutionally protected area
Must have reasonable privacy expectation: doesn't include cars
Seizure
Arrest or in custody
need probable cuase
Misdemeanor
probably cause and in presence of officer
Felony
probable cause
Double Jeopardy
prohibits being put twice in jeopardy of life or limb
doesn't apply to divil proceedings
Privilege against self-incrimination
5th Amendment
Confessions
5th and 6th Amendment
Miranda Doctrine
Custody?
interrogation?
Warnings given?
invoke right to counsel
Waive rights