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8 Cards in this Set
- Front
- Back
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What is the acronym for valid warrantless searches?
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ESCAPIST
-Exigent circumstances -Search incident to constitutional arrest -Consent -Automobile -Plain view -Inventory -Special administrative needs -Terry Stop & Frisk |
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Can the state recoup costs when it appoints provides counsel to indigence?
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-State may seek reimbursement from convicted Ds that later become able to pay
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What is the effect of a violation of the right to Self-Representation?
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-Even where appointed counsel was effective, the violation will result in reveral
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What is the effect of a Miranda Violation?
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-Generally, evidence obtained in violation of Miranda is inadmissible. Exceptions:
1. Impeachment, but not as substantive evidence 2. Question first, warn later: A subsequent valid confession may be admissible if the original Miranda violation was unplanned or inadvertent 3. Non-testimonial fruits: --Non-testimonial evidence obtained on the basis of purposeful Miranda violations is suppressed --If the Miranda violation was not purposeful, then no suppression |
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When do the 5th and 6th Amend rights to counsel attach?
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-6th Amend: all critical stages of a criminal prosecution after formal proceedings have begun
-5th Amend: after custodial arrest |
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When are Miranda warnings required?
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-Anyone in the custody of the govmt. and accused of a crime must be given Miranda warnings prior to interrogation
-Interrogation includes any words or conduct by the police that they should know are likely to elicit a response |
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When may a co-D's confession be admissible as an exception to the 6th Amend. right to confrontation?
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-Generally, the 6th Amend prohibits admission of a confession by one D that implicates a co-D since the non-confessor would not be able to compel the confessor to testify
-Exceptions: 1. All portions of the statement referring to the other D can be eliminated (so there is no indication of that D's involvement; 2. Confessing D takes the stand and subjects herself to cross; OR 3. The confession of the non-testifying D is being used to rebut a claim of coercion AND the jury is instructed as to the limited purpose of the confession |
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When do police need a warrant to arrest a person in public?
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-Never. So long as they have probable cause, they would not need a warrant, even if there was ample time to secure a warrant
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