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Criminal Procedure (Search & Seizure (Warrant or warrant exception:…
Criminal Procedure
Search & Seizure
- Warrant or warrant exception: required to have a valid S&S
Probable cause: fair probability, reasonable grounds, or reasonably trustworthy information sufficient for a prudent person to conclude that
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there is evidence of criminality in place to be searched: hearsay and anonymous tips may support probable cause, so you will need to test for totality of circumstances
Particularity: sufficiently definite for police to identify person place or thing to be searched or seized with reasonable certainty. Must be on the face of the warrant or incorporated affidavit
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- Execution of warrant proper: must be reasonable. Must knock and announce their presence and purpose unless there are grounds that it is dangerous or futile or if evidence would be destroyed.
Seizure: an arrest.
level of crime
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Misdemeanor: requires both probable cause and that the misdemeanor was committed in the presence of the officer
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Search: a physical intrusion into a constitutionally protected area to obtain information. Must have a reasonable expectation of privacy in that area.
- Standing to protest: cannot have standing in an uncon. search and seizure if search occurred in place where there was no reasonable expectation of privacy
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Guilty Pleas
Confessions: obtained by a state actor may be suppressed if obtained in violation of the Due Process Clause, the Sixth Amendment Right to Counsel, or the Fifth Amendment Miranda Doctrine. Test for due process violation is: Whether the confession was involuntary because the accused's will was overborne by state coercion.
The Sixth Amendment provides a RIGHT TO COUNSEL after the initiation of adversarial proceedings. The state cannot undermine this right by deliberate elicitation of a confession in the absence of counsel. If formal charges are brought such as an indictment and not a mere arrest, then the right to counsel arises. The test is violated by deliberate elicitation without counsel.
The Fifth and Sixth Amendments have been construed by SCOTUS to require a right to silence when in a custodial interrogation. Police are required to give Miranda warnings.
When looking at confessions, go through these steps:
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Double Jeopardy: prohibits a person being put twice in jeopardy of life or limb for the same offense by the same sovereign
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Is not implicated when the charges are no the same offense as when each offense has an element that the other does not
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Retrials are permitted if there is a hung jury, a mistrial due to manifest necessity, or a successful appeal.
Exclusionary Rule: main sanction against the state for violating an accused's constitutional rights. Evidence gathered as a result of the state's unconstitutional conduct is inadmissible against the person whose rights were violated unless an exception applies; known as the Fruit of the Poisonous Tree. See list in book for extensive list of exceptions if the apply.
privilege against self-incrimination: the Fifth Amendment prohibition on giving compelled testimony in a criminal case. Does not apply to physical evidence or to prior uncompelled communication