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14 Cards in this Set

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