Crim Pro Flashcards
Fourth Amendment
Standing
if he has an expectation of privacy in the thing search or seized
Fourth Amendment
General Rule
applies to searches or seizures conducted by government agents in areas where individual has a reasonable expectation of privacy
usually needs a WARRANT but there are exceptions
Plain View Doctrine
- lawfully present
- incriminating character of object is aparent
- in position which they can view an object
Terry Stop & Frisks
- reasonable and articulable suspicion that the individual has been involved in criminal activity (crime afoot) AND
- armed and inherently dangerous, reason to belive has weapon
If I say “I’m done” to indicate I want a lawyer talking after recieving Miranda Rights is that permissible waiver?
NO must be unequivocal “I WANT A LAWYER I AM DONE”
Does an officer have to tell defendant that a lawyer is trying to contract him?
NO
Sixth Amendment Right to Counsel
“to have assistance of counsel for his defense”
ATTACHES when judicial proceedings have BEGUN (when accused is formally charged via indictment, arraignment, preliminary hearing, etc.) NOT at ARREST
once attaches, any attempt to deliberately elicit an incriminating statemnet about the ofense that defendant was CHARGED WITH, in absence of counsel or a knowingly, inteligent, volntary waiver, violates the 6th amendment
Fifth Amendment - Right to Counsel and Right to Remain Silent
Required to read MW’s to a suspect when suspect is subject to a CUSTODIAL INTERROGATION
Fifth Amendmnet
Public Saftey?
warnings are not required if protecting public saftey (secure weapons after shooting)
Fifth Amendment?
Custody?
Formal Arrest or restraint from freedom of movement to the degree associated with formal arrest
Interrogation?
illicit incriminating response from suspect
Waive Miranda?
knowingly, inteligently, and voluntarily
