criminal procedure Flashcards
main topics tested
exclusionary rule
search and seizure
arrest and investigatory detentions
confessions and privileges
right to counsel
lineups, fair trial, guilty pleas and double jeopardy
approach
(1) call of the question and look for narrow issue
(2) determine constitutional provision that is being tested
(3) isolate narrow issue and remember rule
(4)
approach for seizures of person
was there a seizure?
– person feels he is not free to leave or terminate encounter
what kind of seizure was it?
- arrest
- Terry stop
- automobile stop
figure out what rule is being tested / if the seizure was lawful
approach for seizure of evidence
(1) who seized the evidence? - gov’t or private person
(2) was there a reasonable expectation of privacy?
(3) is there a valid warrant? – probable cause or is there good faith exception?
(4) exception to the warrant requirement?
