Constitutional Provisions Flashcards
What is the exclusionary rule of evidence when does it apply?
The exclusionary rule prohibits the use of illegally obtained evidence at trial - not grand jury proceedings.
Therefore, evidence from an unlawful 4th amendment search can be presented to the grand jury if that evidence may be relevant to the grand jurys probable cause determination.
What may police do at a Terry Stop?
Police may :
1. Breifly stop and question a person if they reas. suspect he/she is (or will soon be) involved in criminal activity
and
2. frisk that person’s outer garmets if they reasonably suspect he/she is armed and dangerous.
Also, Miranda warning are not req. to question a suspect during a Terry stop.
What is a protective sweep when can police do it?
A protective sweep is a quick, warrantless search or the premisis made incident to an arrest.
It can be done if the police reas. suspect that a dangerous person may be on the premises and that sweep is limited to places where a person may be found.
Evidence found in plain view during the sweep may be seized without a warrant.
How can Miranda rights be waived?
Either expressly or impliedly waived.
A waiver is implied when a suspect
1. has not asserted his/her miranda rights,
2. understands those rights,
and
3. engages in a course of conduct indicating waiver.
What does the 6th Amendment, confrontation clause guarantee?
It guarantees a criminal D’s right to be present during all critical stages of trial - including jury selection.
A D can only lose the right if they leave volunatarily or is removed for good cause after reciviing a warning from the court.
