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52 Cards in this Set
- Front
- Back
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WARRANT must be from what type of magistrate? |
Neutral and detached |
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For MIRANDA you need two things |
Custodial interrogation |
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Double jeopardy |
Final judgement Scuvorough rule Separate venues rule Different elements rule Different states rule |
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Dog sniff |
Not a search |
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Further 8f the poisonous tree |
Exclusionary rule |
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Reasonable suspicious has to be |
More than a hunch |
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Defendant has right to please bargain |
Once the court accepts the plea |
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Collateral estoppel |
On retrial for issiues already taken care of in a previous trial |
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Jury trial where how much jail time |
At last 6 months |
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Right to confront witness |
Right of concentration. |
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Habeas corpus |
Atatack lawfiullnrs of detention |
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Exclusionary post facto crime |
Not allowed |
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Need not be warned of the right to not |
Testify |
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Exclusionary rule does not extend to |
Grand Jury |
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Can you deny a person the right to represent themselves? |
No |
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Maice/BARD is for who to prove? |
State/Prosecution |
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Silence is evidence of guilt violates whither two Amendments? |
5th and 14th |
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If warrantless search it must fall into |
Exception or not go |
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Privacy in luggage |
Greater than auto |
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Keeping luggage overnight to do a search is |
A no go without pc |
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Delay for indictment must be |
Reasonable, good faith, right to speedy trial, not prejudice the defendant, a division with good reason |
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Right to jury where sentence is |
Greater than 6 months |
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Security guards are not |
Government Agents |
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Underlying felony merges |
Into felony |
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Lineup can't be |
Suggestive and produce am irreparable mistaken identity |
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One on one IDs |
Illegal |
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Drug testing is not intrusive of |
14th Amendment |
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Search and/or seizure by private party |
Evidence asmissable/can't be suppressed |
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Grand jury is for |
Probable cause not guilt |
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Cross examinations at preliminary hearing are |
Not required by cc of 6th Amendment |
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Electronic device |
Need warrant to install |
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Prosecution has burden to proof to prove incompetency |
By a preponderance of evide. |
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Opening pipe based on stain |
Unlawful |
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Where joint control consent don't apply to |
Private areas/locked |
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ID from independent sources (ie sketch) |
Admissible |
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Arrest warrant for named indivodual |
Can't be executed in another person's home |
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Sock search |
Valid |
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Car stop need |
Reasonable suspicion (also needed wherebelieve illegal activity may be afoot, ie inside car) |
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Failure to put on stand |
Does not prejudice case |
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Right to counsel attaches (lineups) |
After formal charges/adversity criminal findings have begun |
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After arrest of defendant then protective sweep only where |
Believe accomplice may be afoot |
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Courtney conspirator need not be present |
At the commission of each crime |
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Must be actual or proximate cause of |
Death |
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Bank records privacy? |
No |
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Reckless indifference is considered |
Malice aforethought |
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For conspiracy at least 2 Co-conspirators |
Must intend that crime be committed |
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Aiding and abettibg. You agreeing you will do something (ie drove car) |
Guilty of crimes committed |
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Use of silence against someone at trial viokates |
DP |
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Manslaughter goes to |
Malice |
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Police may search closed containers in car where |
It's been |
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Failure to seek medical intention |
Manslaughter |
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Statements are not to be elicited post indictment. |
Attorney must be present and statement made to plant will be suppressed |
