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Criminal Procedure - Coggle Diagram
Criminal Procedure
Search & Seizure
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Warrant exceptions: plain view, consent, exigent circumstances, automobile search, search incident to lawful arrest, inventory, and Terry stop & frisk
Guilty Pleas
Accused cannot withdraw unless: 1. defective plea-taking colloquy; 2. Jurisdictional defect; 3. Ineffective counsel assistance; OR 4. Prosecutor fails to fulfill plea bargain promise
Judge must follow plea-taking colloquy on the record: Nature of charge, maximum authorized sentence and statutory minimum, right to plead not guilty and have trial, AND defendant waiving right to trial
Exclusionary Rule
Any evidence gathered resulting from the state's unconstitutional conduct is inadmissible against the person whose rights were violated, barring an applicable exception
Confessions
May be suppressed if obtained in violation of the Due Process Clause, the 6th amendment right to counsel, or the 5th amendment Miranda doctrine
Due Process Test: whether the confession was involuntary because the accused's will was overborne by state coercion
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