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Crim Pro - Coggle Diagram
Crim Pro
6th Amend.
The 6th Amendment guarantees the right to counsel.
The 6th Amendment right to counsel applies later, such as once formal charges are made, during a preliminary hearing, at indictment, during arraignment, and at trial.
Double Jeopardy
Double jeopardy means that an individual cannot be tried for the same crime twice.
It does not apply to civil cases and it does not apply when an additional element must be proven.
4th Amend.
The 4th Amendment protects against unreasonable searches and seizures.
The steps in answering a 4th amendment question are:
1) State Actor
this only applies against searches and seizures by a state actor.
2) search or seizure
A search is the physical intrusion into an area where you have a reasonable expectation of privacy. A seizure is the meaningful interference with possessory interest or arrest of a person
3) warrant or exception
A search or seizure will be reasonable if there was a warrant to conduct it.
1) You need to discuss whether the requirements for the warrant were met. To be valid, a warrant must be based on probable cause that a crime has or is being commitment or that evidence of a crime is in a place to be searched. Remember, probable cause is not a high bar. Hearsay and anonymous tips can be enough. Look at the totality of the circumstances when making this determination.
2) In addition to probable cause, the warrant also must describe with particularity the persons and places to be seized or searched. This description must be in the warrant or clearly itemized in documents incorporated by reference and shown at the time of the search or seizure.
3) The warrant must also be supported by the police officer’s oath or affirmation. In securing the warrant, the officer must swear that they are not making a knowingly or intentionally false statement.
4) A neutral magistrate must issue the warrant.
4) executing warrant
If there is no warrant, the search or seizure may still be valid if there is an exception to the warrant requirement.
1) plain view
2) Consent
3) Automobile search
4) Search incident to an arrest
5) Inventory search
6) A terry stop and frisk
Executing a warrant
1) The execution must be reasonable.
2) The police officer must knock and announce unless they have a reasonable belief that doing so will allow the evidence to be destroyed.
5) standing vs. exclusion
If any of these requirements is not met, the evidence is excluded. Likewise, any evidence that the police officer obtains through the excluded evidence will also be excluded unless they can show they would have found that evidence even without the excluded evidence.
5th Amend.
The 5th Amendment protects a criminal defendant against self-incrimination.
Miranda rights
During any custodial interrogation, a police officer must advise the detained individual that they have the right to remain silent, any statement that they make can be used against them, they have the right to counsel, and that counsel will be appointed if they cannot afford one.
Police officers must give the Miranda rights prior to any custodial interrogation. An individual is considered in custody any time when a reasonable person would not feel free to leave. The individual does not need to be under arrest.
Miranda rights also only apply to interrogations. Even if an individual is under arrest, if the police officer is not asking them questions, Miranda will not protect them.
An individual is free to waive the Miranda rights. If an individual invokes the right to remain silent, the police officer must immediately cease the interrogation.
If the individual invokes the right to counsel, the police officer may not resume questioning until counsel is provided.
The 5th Amendment right to counsel applies during a custodial interrogation.