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Crim Procedure - Coggle Diagram
Crim Procedure
Search and Seizure
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Search:
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Two parts
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the person must have a reasonable expectation of privacy in that area, whether that is a home, an automobile, or a homeless persons sleeping space.
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Reasonableness:
Depends upon the circumstances - a valid warrant authorizing that the action is reasonable and an action is reasonable without a warrant if the evidence is in plain view or another warrant exception makes the search reasonable.
standing
the only person who can challenge the constitutionality of a search or seizure is the person who was searched or seized
the accused has no standing to assert an unconstitutional search and seizure defense when the search occurred in a friend's home, where the accused has no reasonable expectation of privacy.
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execution of the warrant
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knock and announce
unless they have reasonable grounds to believe it would be dangerous or futile. the requirement is also suspended if the police have reasonable grounds to believe evidence would be destroyed.
Exclusionary Rule
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any evidence gathered as a result of the state's unconstitutional conduct is inadmissible against the person whose rights were violated unless an exception applies.
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Exceptions
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Doctrinal exceptions
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reasonable good faith reliance on facially valid warrant, although later found to be lacking probable cause
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Confessions
obtained by a state actor may be suppressed if obtained in violation of the due process clause, the 6th amendment right to counsel, or the fifth amendment miranda doctrine
Test for a due process violation is whether the confession was involuntary because the accused's will was overborne by state coercion
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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.
attaches when someone is pit in jeopardy - when a jury is sworn in, when the first witness is sworn in during a bench trial or when the judge accepts the plea unconditionally.
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