F. Confessions & Privilege Against Self-Incrimination Flashcards
1
Q
When may you have right to counsel?*
A
Commencement of Formal judicial proceedings (Federal law/NY)
- D retained/NOT retained right to counsel
- D requested/NOT requested right to counsel
Uncharged individuals (NY)
- D retained lawyer in matter
- D requested lawyer during custody
2
Q
What are D’s rights once he enforces right to counsel?
A
- NO questioning by police
on related/NON-related matter - NO waiver of right to counsel during custody
3
Q
When may D re-litigate an issue at trial?
A
D’s statement must NOT be suppressed
4
Q
When must D’s statement be suppressed (NOT used at trial)?*
A
1) Statement given after D’s arrest at home
2) Arrest was predicated on probable cause
3) NO warrant/exigent circumstances
5
Q
When may D’s confession be used?*
A
D’s statement was voluntarily made
- P has burden to prove beyond reasonable doubt
