cases Flashcards

1
Q

Miranda v. Arizona

A

384 US 436 (1966)
5-4
I: Does interrogating w/o notification of right to counsel…violate 5th Amdt?
H: Yes. Prosecutors cannot use stmts stemming from custodial interrogation UNLESS use of procedural safeguards

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2
Q

Kyllo v. United States

A

533 US 27 (2001)
5-4 maj.op. Scalia
I:Does the use of thermal imaging device…constitute an unconstitutional search in violation of 4th Amdt?
H:Yes. Where gov’t uses device not in gen’l public use…the surveillance is a “search” and presumptively unreasonable…

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