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17 Cards in this Set
- Front
- Back
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Exclusionary Rule Limitations
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Grand juries
Parole Revocation Hearings Good faith defense to exclusion |
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Good faith defense to exclusion
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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) |
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Fruit of the poisonous tree exceptions
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independent source for evidence
inevitable discovery intervening acts of free will on part of D NOT for miranda |
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NY auto passenger distinction
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co-D's have standing to challenge a weapon found in a car search
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NY informant/warrant test
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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 |
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search incident to lawful arrrest
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wingspan, incl car, but not trunk
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automobile exception
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includes trunk
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right to counsel
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5th A is not offense specific;
6th A is |
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NY right to counsel
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"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 |
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NY Grand juries
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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 |
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jury trial right
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if max authorized sentence exceeds 6 months
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NY ineffective assistance
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deficient performance by counsel
and but for deficiency, the result of the proceeding would be different |
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double jeopardy attaches
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in a jury trial, when jury is sworn
in a bench trial, when first W is sworn |
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double jeopardy exceptions
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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 |
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"same offense" for DJ purposes
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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 |
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5th A Immunity
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"use & derivative" immunity will not use your testimony or anything derived from it;
NY: "transactional" - immunizes from any transaction about which he testifies |
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lineups / right to counsel
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*post* charge lineups and showups give rise to a right to counsel
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