Crim. Prac. Pro. ( Prac.) - Coggle Diagram
Crim. Prac. Pro. ( Prac.)
Analysis for each: 1) Is this a state Action 2) Warrant exception 3) Proper execution? 4) Standing? 5) Can evidence be suppressed
Warrant Valid When: Probable Cause= reasonable suspicion when info trustworthy and sufficient for a prudent person or the Totality of Circumstance Test in which hearsay and anonymous tips provide evidence of criminality that warrant search.
Also valid when: Particularity present to allow definitive ID of persons, place or item.
Affirmed by witness by oath or affirmation
If issued by a neutral and detached judge
Plain view= in plain view or in plain feel; can it be felt or seen plainly.
If probable cause exists then any are of the car can be searched
Consent=D provides consent or search; Search must me voluntary for totality of circumstances to apply.
Search of a person must be contemperaneous
Warrant Exceptions: Plain View, Consent
Right to counsell= if indicted or facing formal charges
After indictment authorities may not use deception to deliberately elicit statements about the crime
Common Law Privilege= lawyer, spouse , doctor
Privilege against self incrim. (5th amendment)
Fifth Amendment+ Right to silence when in custody
Miranda warnings: RIGHT TO REAMIN SILENT; RIGHT TO COUNSEL: STATEMMENTS CAN AND WILL BE USED AGAINST YOU: COURT APPOINTED COUNSEL
CONFESSION ONLY ADMISSIBLE WHEN WARNINGS GIVEN
ANALYSS: Is D in cusotdy? Is D being interrogaed? Were warnings given? Was right to course invoked? Rights waived.