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10 Cards in this Set
- Front
- Back
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Confessions implicating another defendant:
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Rule: inadmissible under 5th amendment right against self incrimination against the other defendant.
Exceptions: (1) all references to other defendant are redacted (2) confessing defendant takes the stand and is on cross regarding confession (3) confession is used to rebut defendant’s claim that confession was obtained coercively and limiting instruction is given to the jury by judge |
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Fourth Amendment protection against unreasonable search and seizure:
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The Fourth Amendment protects persons from unreasonable searches and seizures by the government.
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Fifth Amendment right against self-incrimination:
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The Fifth Amendment protects a person against compelled self-incrimination.
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Exclusionary rule - "fruit of the poisonous tree:"
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a court-created doctrine used to supress evidence obtained in violation of D's 4th and 5th Amendment rights.
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Seizure:
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Police may stop persons on reasonable susoicion that a crime has been or was committed.
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Photo ID - 14th Amendment Due Process:
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A photo identification will violate due process if it is unnecessarily suggestive and likely to result in misidentification.
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Sixth Amendment - right to counsel - when attaches?
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at a critical stage - once D is charged with a crime.
NOTE: no right to counsel when physical evidence is collected (fingerprints or hair sample) |
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Investigatory detention:
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Detention occurs wheh a reasonable person does not feel free to leave. Police may detain a person if they have a reasonable suspicion supported by articulable facts that a crime has been committed.
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Reasonable suspicion - coming from anonymous tip:
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if suspicion comes from anonymous tip, it must be accompanied by indicia of reliability to be reasonable
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Length of detention - NV:
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60 minutes - if longer, unreasonable per se and ripens into arrest, for which probable cause is necessary
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