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Criminal Procedure - Coggle Diagram

- - - - Doctrinal
        
        knock and announce violation
        
        reasonable good faith reliance on facially valid warrant, although later found to be lacking probable cause
        
        clerical errors by court employees in maintaining records such as arrest warrants
        
        Isolated negligence by police in maintaining records such as arrest warrants
      - NOT FotPT
        
        Independant source for obtaining evidence
        
        Inevitable Discovery
        
        Attenuation
      - Procedural
        
        Grand Jury proceedings
        
        Parole revocation hearings
        
        Impeachment purposes
        
        Civil proceedings (ie: immigration)
- - - - Warnings given?
        
        Accused invoke right to counsel? (unequivocally/expressly)
        
        Waive rights? (voluntarily, knowing, and intelligent)
- - - - Warrant or Warrant Exception?
        
        Execution of Warrant proper?
        
        Standing?
        
        Evidence suppressed?
        
        Must be reasonable (knock and announce presence and purpose unless reasonable grounds for dangerousness
        
        Warrant (need Probable Cause)
        
        Warrant Exceptions
        
        Automobile Search
        
        Search incident to lawful arrest (person, car, home)
        
        Inventory
        
        Terry
        
        Exigent Circumstances
        
        Consent
        
        Plain View
- - - - Double Jeopardy applies ("in jeopardy" means when a jury is sworn in, when the first witness is sworn in a bench trial, or when judge accepts plea unconditionally)
- - - - Right to plead guilty, and have trial
        
        Defendant waiving right to trial
        
        Accused cannot withdraw guilty plea UNLESS
        
        Jurisdictional defect
        
        Ineffective assistance of counsel
        
        Defective Plea Colloquy
        
        Prosecutor fails to fulfill their side of plea bargain (Judge not bound by prosecutors' bargain)