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15 Cards in this Set
- Front
- Back
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Basic Rule: Expectation of Privacy
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a defendant has a right to be free from an unreasonable search in all areas where he has a reasonable expectation of privacy (own home, car, business, personal effects, etc.)
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Basic Rule: Right to Complain of Searches
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If a defendant has NO reasonable expectation of privacy, he CANNOT complain, no matter how unreasonable the search was.
Only with a reasonable expectation of privacy do you get to the point of litigating whether a search was reasonable. |
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Basic Rule: Search will be reasonable if . . .
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1: conducted with a warrant
2: falls under an exception to a warrant |
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Basic Rule: Exceptions to Warrant Requirement
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1: incident to a lawful arrest
2: consent 3: automobile search--still need probable cause 4: plain view 5: less intrusion not amounting to a search--still need reasonable suspicion 6: true emergency 7: administrative inspection/inventory |
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Basic Rule: Arrests and Automobiles
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Incident to a valid arrest of a driver, can search area under immediate control of the driver--entire passenger compartment.
CANNOT SEARCH TRUNK |
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Basic Rule: Trunk Searches
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NOT incident to valid arrest
Need automobile or other exception. |
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Basic Rule: encountered during legitimate search
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While conducting a legitimate search, police may seize any illegal item they encounter.
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Basic Rule: Exceptions to Suppression
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Evidence will not be suppressed if:
1: good faith reliance 2: use of evidence for a proceeding other than on the merits 3: to impeach a testifying defendant |
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Rule: Automobile Searches Incident to Lawful Arrest
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If the police make a valid arrest of the driver of the car, they may conduct a warrantless search of the entire passenger compartment of the car as a search incident to the arrest. Even if the driver has been arrested and placed in a squad car, the search incident to an arrest may still take place.
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Rule: Automobile Exception
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If the police have probable cause to believe that an automobile contains contraband or evidence of a crime, they may search whatever area of the car that may contain the object of their search without having to get a warrant.
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Rule: Searches in the home of another
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NO reasonable expectation of privacy in the home of another--therefore no right to complain, no matter how unconstitutional the search was.
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Basic Rule: Constitutional Violations and Confessions
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1: confession was involuntary
2: Miranda was not complied with 3: once defendant has been formally charged (indicted), the SUPER right to counsel attaches--no conversations with that defendant without counsel present unless defendant waives right to counsel. |
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Rule: Non-Custodial Questioning
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Miranda warning must be given prior to CUSTODIAL interrogation.
The test for what is custodial is objective--was the person's freedom being constrained in a significant way. Subjective beliefs of the parties are irrelevant |
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Basic Rule: Burden of Proof
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1: State must prove each element of crime Beyond a Reasonable Doubt--each act, each mental state, each result.
2: If a defense involves a missing elements, Defendant need only raise a reasonable doubt. 3: for all other defenses, the state may require Defendant to prove it by a preponderance of the evidence. |
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Rule: double jeopardy attaches
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Bench Trial: attaches with the first witness called on the issue of guilt or innocence.
Jury Trial: attaches when the jury is empaneled and sworn. Exception: hung jury can still be retried. |
