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9 Cards in this Set
- Front
- Back
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MIRANDA WARNING
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A requirement given by police to criminal suspects in custodial interrogation before they are interrogated to inform them of their constitutional rights.
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List the rights included in the Miranda warnings.
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1. Right to remain silent; anything you say can be used against him in court.
2. Right to consult an attorney and to have an attorney present during question. 3. If criminal cannot afford an attorney, one will be provided for him at no cost. |
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When must Miranda rights be read to defendant?
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Defendant is be taken into custody to be subjected to all actions or words by police that can reasonable be expected to elicit an incriminating response.
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What happens if an officer fails to read a defendant his Miranda rights prior to obtaining a confession?
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The confession will be inadmissable at trial to prove guilt.
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FEDERAL WIRETAP LAW
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Prohibits wiretapping, bugging, or other electronic surveilance of a conversation when the parties to that conversation possess a reasonable expectation of privacy. Evidence obtained in violation of this law is excluded at trial.
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Does a defendant have a right to counsel at line up. If so, what is the source of that right?
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Counsel is required only after initiation of adversary judicial proceedings - whether via formal charge, preliminary hearing, indictment, information, or arraignment.
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Why must police obtain a court order to intercept a telephone conversation through traditional line phones and not a conversation using a cordless phone?
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Cordless phones use radio waves, which are broadcast in all directions and are subject to being received by countless people, and therefore the person cannot have a reasonable expectation to privacy.
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CHAIN OF CUSTODY
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Chronological list of those in continuous possession of a piece of evidence from the time of receipt to the time of trial in order for it to be admitted.
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Does defendant have 4th or 5th amendment grounds to refuse DNA testing?
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There is no right to refuse on 5th Amendment grounds
because the defendant is not being required to give testimony. If the test involves an invasion of privacy, then the 4th amendment requires probable cause. |
