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Question 1

does the d have right to counsel during ENTIRE post-indictment lineup proceeding or just id?

Answer 1

entire; critical stage in proceedings; absolute right

Question 2

what does counsel have right to do during post-indictment in-person lineup?

Answer 2

determine if:

• line-up is unduly suggestive
• otherwise unfair
• in violation of due process

Question 3

does using a drug-sniffing dog to investigate around and near the front door of a home constitute a 4a search?

Answer 3

yes

Question 4

is jeopardy attached at preliminary hearing?

Answer 4

no, does not attach until trial

Question 5

criminal negligence (relevant for involuntary manslaughter)

Answer 5

• conduct creating serious risk of death or sbi to others
• greater than ordinary negligence, less than wantonness

Question 6

when is fingerprinting subject to the 4a

Answer 6

when a detention is the sole purpose of fingerprints (i.e., need proper arrest)

Question 7

to whom does the 5a privilege against self-incrimination apply

Answer 7

“natural persons,” I.e., not “legal persons” (so, not to corporations)

Question 8

to whom does the 5a privilege against self-incrimination NOT apply

Answer 8

corporate entities

Question 9

is asking for a probation officer equivalent to asking for an attorney, for miranda purposes?

Answer 9

no

Question 10

when is a defendant legally entitled to representation by counsel in a misdemeanor case

Answer 10

when a jail sentence is actually imposed

Question 11

does videotaping a Mirandized confession without informing the suspect have bearing on the videotape’s admissibility?

Answer 11

no; Miranda warnings include the warning that the suspect’s statements could be used against them