Crim Pro Flashcards

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1
Q

Arrest

A

Reasonable person believes not free to leave

Terry stop - may stop frisk with reasonable suspicion.

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2
Q

Wiretap

A
Short time
PC for specific crime
Name person or persons
Describe conversations and
Include termination procisions
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3
Q

5th amendment

A

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

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4
Q

Statements in violation of Miranda

A

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

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5
Q

6th amendment right to counsel

A

Critical stages - post indictment line up, interrogationsareiagnment premiums
Sentencing bargaining

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6
Q

Guilty plea

A

Knowing and voluntary must know

Nature of charges and elements

Consequences

Rights being waived

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