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Crim Pro - TB - Coggle Diagram
Crim Pro - TB
Search & Seizure
Search
Gov intrusion when reas'ble privacy
Seizure
Gov control over person/thing
Arrests
Requirements
Misdemeanor
Prob cause & off'r present
Felony
Prob cause
Private place?
Need a warrant
3rd Party private?
Warrant for search and arrest
Analysis steps (Reasonable)
Gov Actor?
Prob Cause?
Credible Info
Reliable Informant
Indep'tly Corroborated
Exception?
Exceptions
Plain View
Okay if plain view w/ authority
Consent
Voluntary under circumstances
Exigent Circumstances
Rsnble belief that evidence would be destroyed
Auto Search
Prob Cause
Incident to lawful arrest
Person
Contemporaneous search
Car
IFF D could return to car
Reasonable belief of evidence
Home
Protective sweep
Inventory
When getting booked
Terry
Stop
Reasonable belief of crim
Less than prob cause
Frisk
Stop + armed/dangerous
Warrant nec'y?
Requires particularity
Warrant excpetion?
Proper warrant execution?
Must be reasonable
Knock/announce
Standing to protest
Must be person seized/searched
Evidence suppressed?
Exclusionary Rule
unCON conduct = inadmissable
Fruit of Poisonous Tree
Source was unCON = inadmissable
Exceptions
Procedural
Impeachment Purposes
Grand Jury Proceedings
Parole revocation Hearing
Civil proceedings (Immi)
Doctrinal
Knock Announce Violation
Good faith w/ bad warant
Clerical error
Isolated negligence by police
Not Poisonous Tree
Ind't source of evidence
Inevitable discovery
Attenuation
Confessions
Suppressed if violate DP, 5th, 6th
Right to counsel
Right to remain silent
Analysis
Custody?
Interrogation?
Warnings Given?
Invoke right to counsel?
Waiver of rights?
Guilty Pleas
Colloquy
Nature of charge
Max sentence / stat min
Right to Trial
D's waiver of trial
Cannot withdraw unless
Defective Colloquy
Jurisdictional defect
Innefective counsel
P fails to fulfill plea bargain
Double Jeopardy
Cannot be tried twice for same crime
Exceptions
Mistiral due to manifest necessity
Successful Appeal
Retrial if hung jury
Privilege against Self-Incrimination