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17 Cards in this Set

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  • Back
Exlcusionary Rule Exception
NY does not recognize the good faith exception for search warrants
What constitutes a seizure?
Police pursuit is a seizure
Sliding Scale of Police Authority (1)
1) Request for Info
--Can approach/request except for on whim/caprice
--Individual right to not respond/run away does not give PC for arrest
Sliding Scale of Police Authority (2)
2) CL Right to Inquiry
--must have founded suspicion that criminal activity is afoot
--can have a brief detention and ask question but must release if adequate answer
Sliding Scale of Police Authority (3)
3) Stop and Frisk
--Need reasonable suspicion
--Gun point stop requires this
Sliding Scale of Police Authority (4)
4) Arrest - need probable cause
Requirements for Search Warrant on Informers Tip
1) veracity/reliability of source of info, AND
2) The basis of informant's knowledge
Search incident to lawful arrest
Police must suspect the arrested person is armed to do a wingspan search
6th Amend Right to Counsel
NY affords greater protection - indelible right to counsel which attaches when
1) D is custody, police engaging in activity overwhelming to lay person, and suspect requests counsel
2) On arraignment
3) Filing of accusatory instrument
4) When there has been significant judicial activity
6th Rt to Counsel Waiver
May only be obtained from a criminal D who is actually and known to be represented by an attorney and only in that attorney's presence
6th Right to Counsel and Lineup
No rt to counsel at Investigatory Lineups unless
1) police aware D represented by counsel
2) D requests attorney
Confressions and 6th
Length of interrogation are custody are factors in determining voluntariness

1)if D unaware/has no retained counsel but counsel demanded to see D, confession inadmissible

2)D has counsel at lineup. Counsel left...D waived Miranda. Inadmissible b/c counsel need to be present for waiver

3) D talked to counsel. Counsel said not to talk to police. D waived Mirande and confessed. Inadmissible...indelible right had attached
Release/Re-Charge
If D arrested, released and arrested on other charges, no right to counsel
Grand Jury
GJ may indict, when
1) evidence establishged all elements of a crimes
2) legally sufficient to establish that accussed committed the crime
3) reasonable cause to believe accussed committed the crimes
GJ Immunity
Transactional - can't be tried for any crime disclosed
Prosecutors Duty
Upon demand, D must get
1) his or co-Ds statements
2) taped or bugged coversations to be used @ trial
3) relevant photos or drawing made by police
4) reports of tests/examinations
5) property obtained from D
6) anything state or fed constitution requires to be disclosed
7)anything P intends to use to impeach D
NY Double Jeopardy
Use transaction test - D must be charged w/ all offenses arising from any single transaction except when
1) offenses have substantially different elements