Post-Arrest Obligations Flashcards
What is the Corley Rule?
Statements (even in compliance with Miranda) are subject to suppression as a violation of the Prompt Presentment Rule, if the statement is taken more than six hours after arrest and the taking of that statement unreasonably and/or unnecessarily delays presentment.
What is the 48 hr rule?
When an arrest is made WITHOUT a warrant the 4th amendment requires that a prompt judicial probable cause determination be made before a neutral and detached magistrate. Prompt =48 hrs
If a foreign national is on the mandatory notification list for their country of citizenship and they inform u that they DONT want to speak to a Consular, what do u do?
U have to call if they are on the mandatory list, if they are not then u just have to advise the foreign national of their right to contact their consular. If they decline then your done.
What is the Brady and Rule 16?
Suppression by the prosecution Evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution.
What is Giglio material?
The government must disclose any information that bears adversely on the credibility or bias of a government witness.
Example: Any Finding of misconduct that reflects upon truthfulness or bias.
What is the Henthorn Rule?
Prosecution is asked to produce the personnel files of all law enforcement witnesses whom it intends to call at the trail.
What is the Jencks Rule?
The government must disclose any statements or reports made by a government witness (including SA’s) relating to the subject of that person’s testimony at trail.
At what stage does a subject get a right to counsel? (6th Amendment)
At all CRITICAL stages.
Critical stage has been interpreted by the Court to start at the time of formal charging, preliminary hearing, indictment, information, or arraignment.
What is the Crawford rule?
When a witness cannot be present at trail u can use the crawford rule as long as the defense can cross-examine.
Testimonial statements of witnesses absent from trail will be admitted only where the declarant is unavailable, and on where the defendant has had prior opportunity to cross-examine.
