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39 Cards in this Set
- Front
- Back
mir1 |
You have the right to remain silent |
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mir2 |
Anything you do say may be used against you in a court of law.
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mir3
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You have the right to consult an attorney
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mir4
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If you cannot afford an attorney, one will be appointed for you
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Davis v. United States (1994) whispering during terry on sidewalk requires that an weak invocation of the Miranda rights to lawyers not enough to quiet a cop form investigating. They are allowed to change the questioner or the crime that they question you about under berghius v thompson 2010.That means the cops might have to be told a second firm time that you want a lawyer and dont want to talk. conviction allowed |
davis v u walking- whispering cops keep talking to you after miranda |
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car terry Whren v. United States1996 traffic, minor traffic violations-with misdemeanor or greater acts
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car terry-you having traffic stops in a car ,conviction allowed if search all through the front of a car
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florida versus wells 1990
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florida v w car-a locked suitcase in a trunk gets away from the search |
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Michigan v. Long (1983)
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how they can terry stop with wren car-grants the power to frisk a car interior, not a trunk. |
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car-xtent of interior search no traffic vilation
Chimel versus California 1969 |
car-xtent of interior search no traffic vilation how far?
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Chimel 2nd
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2nd one arms length searches allowed when they get you out of the car.
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oregon v elstad 1985 walking-tell what you did before the cops ask
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you walking to the cops and incriminating yourself conviction allowed |
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stataionhouae 1 supreme 1992 salinas versus texas |
station house 1-first you being questioned by a different officer or different crime your silence used against u |
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re-invoke 1 part b house 2 arizona versus edwards station |
re-invoke part b-1station house 2 - first you being questioned by a different officer or different crime part b |
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station house 3 money moran burbine 1987 The police cant lie to you can lie about your paid attorney after retained |
station house 3 money -all waiver signed after attorney is paid for and calls in are dead |
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station house 4 sell michigan versus jackson 1986 allows it |
station house -4 sell whispering in the station hous with waiver you not being told anything but the cops shoving a waiver of your rights at you to sign |
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station house 6 COP KISS OFF michigan versus harvey 1990 like michigan versus washington give you permission to tell the officers to put the waiver in their breakroom locker |
station house 6 - COP KISS WHERE SUN DONT SHINEyou not being told anything but the cops shoving a waiver of your rights at you to sign part be they ask or threaten you to sign it |
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**stationhouse-The importance here is repeated firm statements of lawyer and refusal to talk if police are allowed to continue any questioning anhyting they get partb- no tough talk well?
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**An accused's postrequest responses to further interrogation may not be used to cast doubt upon the clarity of his initial request for counsel 2 |
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syattion house 55 v Smith v. Illinois - 469 U.S. 91 (1984)c |
syation house 55- resell waiver waiver sell continue The importance here is repeated firm statements of lawyer and refusal to talk if police are allowed to continue any questioning anhyting they get |
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berghius versus thompkins 2010 not self invoking
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if you refuse to use bad language or talk tough the supreme court judge has sold you out. |
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walk 1968 case, Terry v. Ohio. |
walk- the officer might approach and briefly detain the subjects for the purpose of conducting a limited investigation |
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terry walk 2- the officer might approach and briefly detain the subjects for the purpose of conducting a limited investigation part c im a cop |
terry walk 2 The officer must identify himself or herself as a police officer and may make reasonable inquiries. |
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terry walk part 3- prequarles If after initial investigation the officer still has a reasonable fear for the safety of himself and others, the officer may conduct a carefully limited search of the outer clothing in an attempt to discover weapons that might be used to assault him or her |
terry walk part 3 prequarles really about weapons cuz the heard |
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Florida versus bostic 1991- bus move it moive it |
bus exception you have no 4th and 5ths on a bus |
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illiniois v wardlowe 2000 and adam williams 1972 |
madison fake reliancehigh crime neighborhood exception |
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car-first ciop law-arbitrary police discretion stop any car
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delaware -prouse 1979
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Arizona v. Fulminante Case Brief 1991
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-ceorcion-threatened by a fake cop prisoner plant |
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alabama v brown 1936
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aabama coercion -beating or threats thereof
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or when did you notify him verbally that this was no longer a traffic stop r Rawlings v. Kentucky (1980)
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cuFf no need for search,kentuck had a warrant , you on an it was o misdemeanor better yo had neither |
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indiana v edmonds 2000 terry 4 go beyond the normal needs of standard search |
indian v edmonds walk- terry 4 as long as you dont say gun it bettr be a short terry |
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arizona versus edwards 1981 berguis adds jjjjjj 10times im not talking to you 10x for alleged grook |
arizona v ed wardmust berguis adds
10 times because berguiz thompson overulesif they waive its go to be on paper |
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ohio versus mapp 1961-rolled up ews as warrant |
Badge and talk somerolled upo bull feces A lying search a lying siezure a lying warrant throws out all evidence. |
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terry 55 tell us the statement brother new york versus quarles 1984 |
teryy 555 One exception to the Miranda rule permits officers to conduct a limited and focused unwarned interrogation and allows the statement to serve as direct evidence.youre viloating his 5th amendment because it was poosible for him to read it then and there. |
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rylands versus fletcher 1886
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he was on frolic |
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commonwaelth v reske 1997
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selling multiple cars to the retarded man |
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they city didnt mention these-no narrow taylor |
no narrow taylor--send him to alcohol detox or |
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slander
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the un true statement about ,all the time the damage to his reputation for anyone who reads that |
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Kolender v. Lawson 1983 strange nego |
strange nego--arrest you or make statements like i dont know who you are ,get you in the system. |
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francona v traccan slope 2002 |
Anticipatory repudiation your answer of no is good when i get it you telling me no on them is good for today forward . |
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peamble aricl asc 1,10,1. im the judge you address
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No state shall pass bill of attainder post exfacto nor title of nobility
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