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17 Cards in this Set

  • Front
  • Back
Exclusionary Rule Limitations
Grand juries
Parole Revocation Hearings
Good faith defense to exclusion
Good faith defense to exclusion
Good faith reliance on a law later changed
G.F. reliance on statute or ordinance
G.F. reliance on a defective search warrant (Not in NY)
Fruit of the poisonous tree exceptions
independent source for evidence
inevitable discovery
intervening acts of free will on part of D
NOT for miranda
NY auto passenger distinction
co-D's have standing to challenge a weapon found in a car search
NY informant/warrant test
affidavit must:
* set forth sufficient underlying facts & circumstances for the judge to know how the informer got her information
* must establish the reliability and credibility of that informant
search incident to lawful arrrest
wingspan, incl car, but not trunk
automobile exception
includes trunk
right to counsel
5th A is not offense specific;
6th A is
NY right to counsel
"indelible right to counsel" which attaches:
1) when D is in custody and "police are engaging in activity overwhelming to the lay person"
2) at arraignment
3) grand jury / filing of an accusatory instrument
4) any significant judicial activity
NY Grand juries
16-23 people, 12 to indict
a witness who has been granted immunity can consult w/counsel *outside* of room
A witness who has waived immunity can bring counsel in with him
Any witness testifying receives transactional immunity
jury trial right
if max authorized sentence exceeds 6 months
NY ineffective assistance
deficient performance by counsel
and but for deficiency, the result of the proceeding would be different
double jeopardy attaches
in a jury trial, when jury is sworn
in a bench trial, when first W is sworn
double jeopardy exceptions
hung jury
mistrials for manifest necessity
retrial after successful appeal
D's breach of an agreed plea bargain
NY won't try after a separate sovereign
"same offense" for DJ purposes
two crimes are not the same offense if each crime req's proof of an additional element that the other does not
NY: all crimes arising from a single transaction must be tried together
5th A Immunity
"use & derivative" immunity will not use your testimony or anything derived from it;
NY: "transactional" - immunizes from any transaction about which he testifies
lineups / right to counsel
*post* charge lineups and showups give rise to a right to counsel