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Law Exam #3
Terms in this set (27)
6th Amendment Right to Counsel
no need for suspect to invoke this right
attaches at any critical stage of prosecution (grand jury indictment or agreement)
right to have counsel present during any questioning by police regarding the charged crime while in custody or not
offense specific-doesn't apply to police questioning of defendant on uncharged criminal activity
may be waived
5th Amendment Right to Counsel
right to counsel must be invoked clearly and unambiguously
a request to talk to a non-attorney is not equivalent
questioning must stop after invocation
When are police required to give Miranda warnings?
they're required in police custodial interrogations
you don't have to say Miranda if you don't plan on interrogating someone
When are statements considered involuntary?
when they result from coerced police activity, a delay in arraignment, physical abuse/injury, illegal arrests, intoxication/drugs, or promises (of leniency or relied on a promise when decided to make and admission or confession)
What helps determine voluntariness of a statement?
totality of the circumstances
what are the two situations police can use deathly harm?
in self defense or defense of others
fleeing felon rule (reasonably believe the person is in danger of harming self or others if allowed to escape)
Four corners of the search warrant rule:
the standard of review for when a court examines a search warrant affidavit for PC. it includes:
only written facts within the warrant are considered
oral additions by affidavit are excluded
if there are violations (like unattributed hearsay), the sentence is stricken (redacted) and the court looks at the document with fresh eyes
after all redactions, the document must still contain PC or the warrant is quashed and the evidence obtained from it is excluded as evidence
inventory of all property seized
copy of property seized that is given to the owner
CI's in a search warrant
need to be proven reliable and credible sources (this satisfies PC as well)
Named person in a search warrant
considered credible and reliable
Warrantless Search Exceptions
Probable cause/Plain view
Stop and Frisk
Search incident arrest
Automobile Exception to Warrant Requirement
If police have probable cause to believe a car contains contraband or fruits, instrumentalities, or evidence of a crime, they may search the car without a warrant and look into any area in which the item for which they have probable cause might be found
Scope of Automobile Exception
anywhere evidence could legitimately be found
may search closed containers within vehicle
doesn't extend to occupant's person unless PC exists for them
Arrests made in good faith
If you make an arrest effectively and in good faith, your arrest is legal
What are the 3 basic identification procedures by police?
Photo line up
Corporeal line up
When you have a right to counsel during a photo line up?
when you're in custody
When you have a right to counsel during a show up?
When you have a right to counsel during a corporeal line up?
in custody, so during the line up
When can you go back and interrogate someone who has been Mirandized?
after a reasonable amount of time has passed or if the waive their rights by talking
What can you do if they want a lawyer?
stop questioning them; if it's unclear and unambiguous, you can keep questioning them it's clear and ambiguous
What is the standard of proof for brief investigatory detention?
When can you do a Terry stop and frisk
when you have reasonable suspicion of a weapon
the frisk is done outside the clothes
Plain View Doctrine
police may seize, without a warrant, items in plain view if the officers are lawfully in a position from which they view the item, and if the item's incriminating character is immediately apparent
Plain Smell Doctrine
usually involves the smell of marijuana and the officer must, through training training and experience, recognized odor
odor alone is enough to establish PC
When does a K9 search not need a search warrant?
What crimes can you not make an arrest if it didn't happen in your presence?
misdemeanor-92 days or less
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