Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
8 Cards in this Set
- Front
- Back
|
Exclusionary rule
|
The exclusionary rule requires suppression of evidence obtained in violation of the constitution and the fruits therefrom (as fruits of the poisonous tree). However, violations of Miranda require only suppression of the statement not the fruits therefrom.
|
|
|
Standing
|
To challenge a search a defendant must own or have rights to the place or thing to be searched; the place must be actual home or place where the defendant is an overnight guest; or the offense is one of possession and the defendant was in possession of the item (automatic standing without having to admit possession).
|
|
|
Search
|
Wash. Const. Art. 1 sec. 7 provides that no person shall be disturbed in their private affairs, or their home invaded without authority of law. The government invades private affairs when it invades an area where one has a reasonable expectation of privacy (objectively and subjectively). Authority of law means a warrant or one of the jealously guarded exceptions.
|
|
|
Warrant valid
|
Police may conduct a search pursuant to a warrant issued by a neutral and detached magistrate upon probable cause - a strong suspicion - that particular evidence, is at a particular place, and a particular time.
|
|
|
Investigative detentions
|
Police may conduct temporary detentions if they have reasonable suspicion based on specific and articulable facts and reasonable inferences thereform.
|
|
|
Miranda
|
An officer must issue Miranda warnings before subjecting a suspect to custodial interrogation. Custody occurs when a reasonable person in the subjects position would not feel free to leave after brief questioning. Interrogations occurs when a person is subjected to direct questioning or its functional equivalent: words or acts, that an officer knows or should know, is likely to elicit an incriminating response.
|
|
|
6th amendment
|
Attaches at formal charging and provides counsel at all critical stages. Once attorney is attached, officers cannot question about the crime for which the attorney is presented.
|
|
|
Ineffective assistance of counsel
|
Defendant must demonstrate (1) that counsels performance fell below the objective standard of competence and (2) that but for counsel's deficient performance there is a reasonable probability that the outcome of the proceedings (trial, plea, sentencing) would have been different.
|
