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CRIM PRO :) - Coggle Diagram

- - - - What is REASONABLE?
        
        Depends on the circumstances
  - - - public arrests do not require a warrant, if probable cause exists
  - - - For a valid warrant there must be?
        
        Probable cause
        
        Evidence of criminality in place to be searched
        
        Particularity
      - Warrant Exception
        
        CONSENT
        
        Must be:
        
        Voluntary
        
        Totality of the circumstances
        
        May not?
        
        Search hme over present objection of co-occupant
        
        EXIGENT CIRCUMSTANCES
        
        If cops have reasonable belief that:
        
        Delay in obtaining warrant would result in evidence destruction, danger to public/police, or flight of suspect
        
        PLAIN VIEW
        
        Police must have authority to be where they are
        
        Item connected to criminality
        
        AUTOMOBILE
        
        Probable cause that any area of car to be searched (even containers) harbors evidence of criminality.
        
        SEARCH INCIDENT TO LAWFUL ARREST
        
        Car
        
        Home
        
        Person
        
        lungible areas
        
        Inventory
    - - Person subject to the search = only person who can challaenge search/seizure
- - - - Were formal charges brought?
        
        *Arrest does not trigger
    - - Test:
        
        Was confession voluntary?
        
        Was accused's will overborne by state coercion?
  - - - Expressly
      - Unequivocally
    - - Knowing
      - Intelligence
      - Voluntary