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Criminal procedure - Coggle Diagram
Criminal procedure
search and seizure
Search: government intrusion into an area where a person has a expectation of privacy- gov action done to obtain information
Seizure: government exercising control over person or a thing
Arrest: seizure of a person
Warrants and arrests: warrant not necessary in public if supported by probable cause (felonies only require LE to have PC, whereas misdemeanors require PC and LE witnessing the accused act)
Seizure requires a meaningful interference with a possessory interest in the thing seized
Warrants and arrests: warrant not necessary in public if supported by probable cause (felonies only require LE to have PC, whereas misdemeanors require PC and LE witnessing the accused act)
standing
Government must either hare a warrant or satisfy a warrant exception to validly search or seize.
A valid warrant requires
probable cause, a crime has been or is being committed by the person to be seized OR there is evidence of criminality in place to be searched
particularity
oath and affirmation
detached and neutral judge
Warrant exceptions: plain view, consent, exigent circumstances, car search, search incident to a lawful arrest, home, inventory, Terry (stop and frisk)
Privilege against self incrimination
prohibits compelled testimony in a criminal case- by invoking the fifth amendment privilege against self incrimination
Confessions
confession can be supressed if given in violation of due process clause, right to counsel, Miranda rights doctrine under fifth amendment
Guilty pleas
typically can't withdraw guilty plea unless exception applies
Exceptions: defective plea taking colloquy, jurisdictional defect, ineffective assistance of counsel, prosecutor fails to abide by their plea bargain
double jeopardy
precludes being tried for the same offense twice
exclusionary rule- if evidence obtained in violation of search/seizure rules, then evidence is excluded unless exception applies. Exceptions: procedural, doctrinal, found not in the fruit of the poisonous tree