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17 Cards in this Set
- Front
- Back
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Exlcusionary Rule Exception
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NY does not recognize the good faith exception for search warrants
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What constitutes a seizure?
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Police pursuit is a seizure
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Sliding Scale of Police Authority (1)
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1) Request for Info
--Can approach/request except for on whim/caprice --Individual right to not respond/run away does not give PC for arrest |
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Sliding Scale of Police Authority (2)
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2) CL Right to Inquiry
--must have founded suspicion that criminal activity is afoot --can have a brief detention and ask question but must release if adequate answer |
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Sliding Scale of Police Authority (3)
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3) Stop and Frisk
--Need reasonable suspicion --Gun point stop requires this |
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Sliding Scale of Police Authority (4)
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4) Arrest - need probable cause
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Requirements for Search Warrant on Informers Tip
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1) veracity/reliability of source of info, AND
2) The basis of informant's knowledge |
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Search incident to lawful arrest
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Police must suspect the arrested person is armed to do a wingspan search
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6th Amend Right to Counsel
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NY affords greater protection - indelible right to counsel which attaches when
1) D is custody, police engaging in activity overwhelming to lay person, and suspect requests counsel 2) On arraignment 3) Filing of accusatory instrument 4) When there has been significant judicial activity |
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6th Rt to Counsel Waiver
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May only be obtained from a criminal D who is actually and known to be represented by an attorney and only in that attorney's presence
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6th Right to Counsel and Lineup
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No rt to counsel at Investigatory Lineups unless
1) police aware D represented by counsel 2) D requests attorney |
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Confressions and 6th
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Length of interrogation are custody are factors in determining voluntariness
1)if D unaware/has no retained counsel but counsel demanded to see D, confession inadmissible 2)D has counsel at lineup. Counsel left...D waived Miranda. Inadmissible b/c counsel need to be present for waiver 3) D talked to counsel. Counsel said not to talk to police. D waived Mirande and confessed. Inadmissible...indelible right had attached |
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Release/Re-Charge
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If D arrested, released and arrested on other charges, no right to counsel
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Grand Jury
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GJ may indict, when
1) evidence establishged all elements of a crimes 2) legally sufficient to establish that accussed committed the crime 3) reasonable cause to believe accussed committed the crimes |
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GJ Immunity
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Transactional - can't be tried for any crime disclosed
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Prosecutors Duty
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Upon demand, D must get
1) his or co-Ds statements 2) taped or bugged coversations to be used @ trial 3) relevant photos or drawing made by police 4) reports of tests/examinations 5) property obtained from D 6) anything state or fed constitution requires to be disclosed 7)anything P intends to use to impeach D |
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NY Double Jeopardy
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Use transaction test - D must be charged w/ all offenses arising from any single transaction except when
1) offenses have substantially different elements |
