M.r.e.

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M.R.E. 301

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privilege concerning compulsory self-incrimination

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general rule

Back 2

the privilege against self incrimination provided by the 5th amendment and article 31b rights are applicable only to evidence of testimony or communication nature.

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judicial advice

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if a witness is uninformed of rule 301 and might mike a incriminating statement the judge should inform the witness of the rule as thier testimony can later be used against the witness.

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exerciseing the privilege

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a witness cannot exercise the privilege if the witness is immune from criminal penalty due to immunity, the running of the statue of limitations or similar reasoning.

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notification of immunity

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if the prosecution grants immunity or leniency in exchange for testimony the accused must be notified in writing prior to the arrangement.

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M.R.E. 311

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evidence obtained from unlawful searches and seizures

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General Rule
Evidence obtained by someone acting in a government capacity as a result of an unlawful search or seizure is inadmissible against the accused if?

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objection- if the accused makes a timely motion to suppress or objects to the evidence unddr this rule; and

adequate interest- if the accused had a reasonable expectation to privacy in the person, place, or propery searched.

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exceptions

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may be used to impeach in court testimony.
when the evidence would have been obtained even if the unlawful search not been made.

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M.R.E. 314

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searches not requiring probable cause

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general rule

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evidence from searches not requiring probable cause is admissible in trial

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searches not requiring probable cause

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border searches
searches upon entering exiting US installations, aircraft, and vessels abroad. in addition to inspections under rule 313