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14 Cards in this Set
- Front
- Back
Government conduct
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D must show police were involved in the seizure
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Reasonable expectation of privacy
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D has at least and ownership or possessory interest in the place searched or items seized
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Warrant requirement
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1) Based on probable cause
2) Stated with specificity 3) Issued by neutral and detached magistrate |
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Search incident to a lawful arrest
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1) Arrest based on probable cause
2) Police may contemporaneously search a person and wingspan 3) May make protective sweep is accomplices may be present |
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Consent
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1) Voluntary
2) Intelligent |
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Booking search
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Police can conduct an inventory search of arrestees upon being booked
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Inventory/Impound search
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Police can conduct an inventory search of arrestee's vehicle upon being impounded
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Police checkpoint
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1) Stop cars based on neutral, articulable fact
2) Closely related to particular problem pertaining to automobiles and their mobility |
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5A compelled self-confession
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When in custody, Miranda before interrogation
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Custody
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When one does not reasonably feel free to leave
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Interrogation
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Any words or conduct likely to illicit an incriminating response
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14A voluntary confessions
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1) Confessions must be voluntary
2) Involuntary means official compulsion |
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6A speedy trial factors
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1) Length of delay
2) Reason for delay 3) Whether D asserted right 4) Prejudice to D |
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Death penalty for felony murder
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1) D's participation was major
2) D acted with reckless indifference to the value of human life |