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Criminal Procedure - Coggle Diagram
Criminal Procedure
Search and seizure. To have a valid search or seizure, it must be authorized by a valid warrant or by a warrant exception
The Fourth Amendment provides that people should be free in this persons from unreasonable searches and seizure.
To have a valid search or seizure, it must be authorized by a valid warrant or by a warrant exception.
Search: is a government intrusion into an area where a person has a reasonable expectation of privacy
Reasonableness depends on the circumstances- analysis.
1) state action
2) search or seizure
3) Warrant or warrant exception
4)execution of warrant proper
5) Standing to protest?
6) evidence suppressed
Seizure is the government exercising control over a person or thing.
Seizure of a person is an arrest.
Seizure of a thing requires a meaningful interference with a possessory interest in the thing.
Warrant: (DOPP)
1) probable cause
2) particularity
3) Oath or affirmation
4) detached and neutral magistrate.
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Execution of the warrant; must be reasonable. Before the search, police must knock and announce their presence and purpose before entering the premises. (Unless they reasonably believe it would dangerous or futile. Also if they believe destruction of evidence is imminent.)
Exclusionary Rule
Exclusionary rule; any evidence gathered as a result of the state's unconstitutional conduct is inadmissible against the person whose rights were violated.
Exceptions:
1) Procedural exceptions
2) Doctrinal exceptions
3) Found no to be fruit of the poisonous tree
Confession
Confessions: can be suppressed if state actor obtains in violation of the Due Process Clause, the Sixth Amendment right to counsel, or the Fifth Amendment Miranda doctrine
Sixth Amendment provides right to counsel after the initiation of adversarial proceedings. If formal charges are brought such as an indictment and not a mere arrest, then the right to counsel arises.
The Fifth and Sixth Amendments to right to counsel and a right to silence when in custodial interrogations. The state is required to inform the accused of their rights through Miranda Warnings
Analysis
1)custody
2)warnings given
3)did accused invoke right to counsel)
4) did accused waive rights
Guilty Pleas
1) Nature of the charge(s)
2)Maximum authorized sentence and any statutory minimum 3)right to plead not guilty and to have a trial
4) defendant waiving right to trial
Cannot withdraw plea unless: 1) Defective plea-taking colloquy 2)jurisdictional defect 3) ineffective assistance of counsel 4) prosecutor fails to fulfill their side of the plea bargain
Double Jeapordy
Double jeopardy attaches when someone is put "in jeopardy"- when a jury is soon in, when the first witness is sworn in during a bench trial, or when the judge accepts the plea unconditionally.
Does not apply in civil cases. Does not apply when the charges are not the same offenses
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