Crim Pro Flashcards
Arrest
Reasonable person believes not free to leave
Terry stop - may stop frisk with reasonable suspicion.
Wiretap
Short time PC for specific crime Name person or persons Describe conversations and Include termination procisions
5th amendment
Cant compel diary production
Custodial interrogation - formal arrest or restraint in freedom - RB fee to gtrafdic stop not custodial because brief
InterroGation- reasonably likely to elicit response
Miranda before interrogation
When requesting attorney, must stop all interrogation-14 day period
Statements in violation of Miranda
Used to impeach if he takes stand, can’t raise silence
Cant use involuntary confession
Can use evidence obtained pursuant to bad confession if not coerced
6th amendment right to counsel
Critical stages - post indictment line up, interrogationsareiagnment premiums
Sentencing bargaining
Guilty plea
Knowing and voluntary must know
Nature of charges and elements
Consequences
Rights being waived