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Criminal Procedure - Coggle Diagram
Criminal Procedure
Search & Seizure
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Seizure: government exercising control over a person or a thing (arrest); requires meaningful interferance with possessory interest in the thing seized
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Double Jeopardy
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attaches when a jury is sworn in, first witness is sworn in during a bench trial, or when a judge accepts the plea unconditionally
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Confessions
confessions obtained by a state actor may be suppressed if obtained in violation of the DP clause, 6th Amendment right to counsel, or the 5th Amendment Miranda rights
Test is whether the confession was involuntary bc the accused's will was over-borne by state coercion
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Exclusionary Rule
any evidence gathered as a result of the state's unconstitutional conduct is inadmissible against the person whose rights were violated, unless an exception applies (fruit of the poisonous tree rule)