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Criminal Procedure - Coggle Diagram
Criminal Procedure
Confessions
test- whether the confession was involuntary because the accused's will was overborne by state coercion
6A- right to counsel after start of adversarial proceedings
Might be suppressed if obtained in violation of Due Process Clause of 6th amendment right to counsel or 5th amendment Miranda rights
5A state must inform accused of rights
Miranda: custody, interrogation, warnings? (silent, used against you, counsel before and during, no money will get you a lawyer), did the accused invoke right to counsel, waived rights?
Search and Seizure
search - govt intrusion into a place where a personal has reasonable expectation of privacy
seizure - is the government exercising control over person or thing
must have valid warrant to conduct either
probable cause, reasonable grounds, reasonable trustworthiness, is a crime being committed or has it happened, is there evidence
particularity- sufficiently definite for police to identify persons places or times to be searched and seized, warrant must be sworn under an oath and approved by a detached and neutral magistrate
exceptions to a warrant
plain view - may seize item if in plain view or feel and where the authority to be present is there, connected with criminality
consent - voluntary allowance to search
exigent circumstance- reasonable belief a delay would result in destruction of evidence, danger, or flight
automobile search- probably cause, can search within reach of suspect or area that harbors evidence of criminality
incident to arrest
car- no search unless reasonable belief that the occupant or recent occupant may access car, reasonable belief the car has evidence against arrest
home- during time of arrest, protective sweep for suspicion of danger
inventory- within scope of a reasonable and routine procedure to protect valuables, police and public, may inventory contents of possessions at time of booking and impounding vehicle
person- search off person, lunge area, containers for weapons
Terry Stop- reasonable suspicion the suspect is engaged in criminal activity based on specific and articulate facts, less than probable cause, more than a hunch, does allow a frisk for weapons based on safety, no frisk for evidence
execution of warrant must be reasonable, knock and announce unless reasonable grounds it would be dangerous or futile
Guilty Pleas
cannot withdraw unless defective plea taking colloquy, jurisdictional defect, ineffective counsel, or prosecutor fails to fulfill bargain
judge must follow the plea taking colloquy on the record, nature of charge, max sentence and stat min, right to plead not guilty and have a trial and defendant waving right to trial
Exclusionary Rule- fruit of the poisonous tree- any evidence gathered resulting from the state's unconstitutional conduct is not admissible against the person who has had their rights violated, may be an exeception
Double jeopardy - prohibits a person being tried twice for the same offense
Privilege against self incrimination- can be invoked in a custodial interrogation and in any proceeding with testimony under oath, does to apply to physical evidence or prior uncompelled communications