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Criminal Procedure - Coggle Diagram
Criminal Procedure
Search and Seizure
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Probable Cause
need credible information, reliable informant, independent corroboration
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Warrant
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Need particularity, oath or affirmation, and detached or neutral magistrate
Exception
If no probable cause, need plain view, consent, exigent circumstances, automobile search, search incident to lawful arrest, inventory, or Terry stop
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Standing to Protest
No standing if no reasonable expectation of privacy, determined by totality of circumstances
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Exclusionary Rule
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Procedural Exceptions
impeachment, grand jury, parole revocation, civil
Doctrinal Exceptions
knock and announce, reasonable good faith reliance, clerical errors, isolated negligence
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Guilty Pleas
Nature of charge, maximum authorized sentence and statutory minimum, right to plead not guilty and trial, defendant waiving right to trial
Can only withdraw for defective plea-taking, jurisdictional defect, ineffective assistance of counsel, or prosecutor failing to fulfill side of bargain
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