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Criminal procedure, unreasonable=depends on the circumstances, Right kicks…

- - - - 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 to you
  - - - waiving these rights?
        
        must be voluntarily, knowing, and intelligent
      - must be unequivocal and express
        
        if after invoking these rights a significant time has passed and accused initiates conversation, must re give miranda warnings and if accused may re chose whether to waive rights or not
  - - - put in jeopardy=jury is sworn in, first witness is sworn in during bench trial, or judge accepts the plea unconditionally
    - - hung jury
      - mistrial due to mainfest necessity
      - successful appeal
- - - - jurisdictional defect
        
        ineffective assistance of counsel
        
        prosecutor fails to fulfill their side of plea bargain BUT judge not bound by prosecutor's plea bargain
- - - - of a person=arrest
      - of a thing=meaningful interference with a possessory interest in the thing.
    - - Ex. D cannot assert 4th amendment claims against a search or seizure that occurred to another (say friend or relative)
      - What is the main punishment against government for violating an accused fourth amendment rights?
        
        exclusionary rule: any evidence gathered from the government's unconstitutional conduct and gathered following said conduct (fruit of the poisonous tree) is inadmissible against the person whose rights were violated unless an exception applies
        
        Procedural exceptions
        
        Doctrinal exceptions
        
        Knock and announce violation
        
        Reasonable good faith reliance on facially valid warrant although later found to be lack probable cause
        
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        impeachment purposes
        
        Grandjury proceedings
        
        Parole revocation hearing
        
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      - Can only object to search or seizure if you have legitimate expectation of privacy
- - - - =fair probability OR reasonable grounds OR reasonably trustworthy information sufficient for a prudent person to conclude THAT a crime has been or is being committed by the person to be seized OR evidence of criminality in place to be searched
    - - sufficiently definite enough for police officers to identify persons, places, or items to be searched or seized with reasonable certainty
  - - - =must knock, announce presence, state purpose before entering UNLESS
        
        reasonable grounds to believe to do so would be dangerous or futile or evidence would be destroyed
    - - must take reasonable steps to secure premises including temporarily detaining individuals at the scene or ordering people out of a car
- - - - Consent
        
        must be voluntary under the totality of the circumstances
        
        Exigent circumstances
        
        reasonable belief to believe delay in obtaining warrant would result in evidence destruction OR danger to public/police OR flight of suspect
        
        Car searches
        
        probable cause that ANY area of the car to be searched (including containers) harbors evidence of criminality
        
        Search in relation to lawful arrest
        
        search of arrestee: contemporaneous search of person, lunge area, and containers for weapons or evidence
        
        search of car: not allowed unless reasonable belief arrested occupant or recent occupant may access car OR reasonable belief that the care contains evidence of crime that led to arrest (except for speeding)
        
        home: during the time it takes to complete the arrest, may conductive sweep for accomplices in adjoining rooms IF reasonable suspicion of danger
        
        Inventory
        
        within scope of a reasonable and routine procedure to protect valuables, police, or public, police may inventory content of possessions at time of booking and automobiles after impoundment
        
        Terry
        
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      - may seize an item in plain view OR can "plain feel" if they have authority to be where they are AND item is connected with criminality