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18 Cards in this Set
- Front
- Back
- 3rd side (hint)
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Search Warrant Requirements
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3Ps
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Probable Cause, Particularity (place/tiem), Properly Executed by law enforcement (knock and announce unless exigent circumstance, without delay, within scope)
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Exceptions to a Warrant Requirement
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IS A SPICE
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Inventory of property at jail, Search incident to arrest, Automobiles, Stop & frisk protective search, Plain view/feel/smell, Consent, Exigent circumstances
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Exceptions to Suppresssion--Excl Rule
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III
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Impeachment, Independent const permissible sources, inevitable discovery
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Valid Search Equation
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PC + W/E = Valid (probable cause + warrant/exception)
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Privacy
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Federal: state action, intrusion on private citizen, expectation of privacy. Legitimate: none in public unless enclosed, private if controlled, nothing held out to public
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Governing Law
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RCW 10. 4th 5th 6th US Const through 14th. Wash. Const. (higher through Gunwall analysis)
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Opening statement
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Criminal procedure encompasses the processes by which substantive legal crimes may be investigated, charged, prosecuted, and appealed.
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Prob Cause
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ANY credible evidence (incl hearsay). DON'T use hindsight. Reas if law violated & reas to believe the suspect committed it. Must be neutral judge.
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Exclusionary Rule
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evidence obtained through unlawful SS/arrest suppressed
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When Arresst Warrant NOT required
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Exigent circumstances (fleeing/destruction of evid), Felony suspect in public place or other home, misdemeanor in officer's presence. Must have PC but no warrant
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Need Arrest Warrant
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Felony suspect in own home, misdemeanor outside officer's presence
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Terry Stop
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Protective search for weapons if fear of armed and dangerous. Short detention - reas and artic suspicion that suspect has/is/going to commit crime
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Probable Cause - Informant
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Presumed reliable if named citizen. If unnamed, if 3P had pers knowledge, factual basis (previous good tips) - if inadequate fact basis, officer can investigate to show PC by corroborating
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When car impounded
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Driver incapacitated, arrested, public danger. Must give 3P opp to remove car when nec
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When confession is admissible
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VCR
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VOLUNTARY, complies with Miranda, Right to counsel respected
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Miranda
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4 rights. Only when in custody (not free to leave, compelled - reas standard), interrogation by state actor. Waiver must be KIA (knowing, intelligent, affirmative)
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Pre-Trial ID
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Can't be unnecessarily suggestive that becomes unreliable under circumstances. Can have atty for lineups but not for photos
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Pre-Trial WITHOUT warrant
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Indictment/Info. GERSTEIN hearing (48 hours). Bail. ARRAIGNMENT (14 days). 60 DAYS TRIAL IF CUSTODY, 90 IF NOT
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