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Criminal Procedure - Coggle Diagram
Criminal Procedure
Search- physical intrusion into a constitutionally protected area to obtain information
- person must have reasonable expectation of privacy in the area (home, car, homeless person’s sleeping space, etc)
Search incident to lawful arrest
- person: contemporaneous search of person, lunge area, and containers for weapons/ evidence
- car: no search unless reasonable belief that arrested occupant or recent occupant may access car OR reasonable belief that car contains evidence of crime of arrest (not speeding)
- inventory: within scope of a reasonable and routine procedure to protect valuables/police/public; police May inventory contents of possessions at time of booking/automobiles after impoundment
Terry Stop
Reasonable suspicion that suspect is engaged in criminal activity based on specific/articulated facts
- reasonable suspicion= less than probable cause, more than a hunch
Frisk= Terry stop rules + reasonable suspicion that suspect is armed and dangerous. May only frisk for weapons, not evidence
Seizure= arrest
- warrant isn’t required for arrests in public if there’s probable cause
- warrants are required for arrests in private places
- if someone is in someone else’s home, then a search and arrest warrant is necessary
Standing
- only the person searched/seized can challenge the search/seizure
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- Privilege against self-incrimination
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Judge must follow the plea-taking colloquy on the record:
- nature of charge
- maximum authorized sentence and any statutory minimum
- right to plead guilty and to have a trial
- defendant wauvukg right to trial
Accused cannot withdraw their guilty plea unless:
- defective plea-taking colloquy
- jurisdictional effect
- ineffective assistance of counsel
- prosecutor fails to fulfill their side of the plea bargain
Prohibits a person from being out twice in jeopardy of life/limb for the same offense by the same sovereign
In jeopardy= when a jury is sworn in, the first witness is sworn in at bench trial, or when the judge accepts the plea unconditionally
Does not apply:
- in civil proceedings
- when the charges aren’t for the same offense
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
Exception= fruit of the poisonous tree
- includes all evidence downstream from the violation
Procedural exceptions:
- impeachment purposes
- grand jury proceedings
- parole revocation hearing
civil proceedings (including immigration)
Doctrinal exception:
- knock and announce violation
- reasonable good faith reliance on facially valid warrant, although later found to be lacking in probable cause
- clerical errors by court employees
- isolated negligence by police in maintaining records
Found not to be fruit of the poisonous tree:
- independent source of obtaining evidence
- inevitable discovery
- attenuation
When obtained by a state actor, confessions may be suppressed if obtained in violation of Due Proces Clause, 6th Amendment right to counsel, or the 5th amendment’s Miranda doctrine
Due Process violations
test: whether the confession was involuntary because the accused’s will was overborne by state coercion
6th Amendment
- provides a right to counsel after the initiation of adversarial proceedings
- if formal charges are brought, the right to counsel arises
5th Amendment
- provides a right to silence when in custodial interrogation
- the state (police) are required to inform the accused of their rights through Miranda warnings
Miranda warnings:
- right to remain silent
- any statements can be used against you
- right to counsel before and during questions
- if you cannot afford a lawyer, one will be appointed for you
Analysis for confessions:
- look at:
- Custody
- Interrogation
- warnings given
- whether the accused invoked right to counsel (unequivocally/expressly)
- whether accused waived rights
Method of Analysis
- State action?
- Search and seizure?
- Warrant or warrant exception?
- Standing to protest?
- Evidence suppressed?