Professional Documents
Culture Documents
Crim Checklist
Crim Checklist
Crim Checklist
Introduction:
Plea Bargaining
Due Process:
Fourth Amendment: Searches and Seizures
Text, purpose, enforcement
In general
Search
Seizure
Reasonable
Searches: Evidentiary Search and Seizure
General Approach
Elements of a search
Government Conduct required
Probable cause and warrants
Exceptions to warrants: Exigency, Plain View
Exceptions to warrants: Auto, Arrest
Search Incident to Arrest
Exceptions to Probable Cause: Terry Stops
Police Discretion & profiling
Exceptions to Probable Cause: Special needs, road blocks
Exceptions to Probable Cause: Consent
The exclusionary rule
Fifth Amendment:
Introduction
Warning
Need not be verbatim
Rewarning not required
When is Miranda warnings required?
Government conduct
Custody Requirement
Test of objective
Traffic stops generally not custodial
Incarcerated suspects
Interrogation requirement
Breaks in interrogation
Questioning by different police agencies
Privilege against self- incrimination
Police Interrogation & Miranda revolution
The Scope of Miranda:
Police trickery, Warning, Waiver
Right to waive rights or terminate interrogation
o DO nothing
o Waive rights
Police Trickery
o Police Deception of detainee’s lawyer
Implications of invoking rights
Invoking the Right to Remain Silent
o An individual must specifically invoke the Fifth Amendment
right to "remain silent", otherwise silence can be used against
him or her in court.
Salinas v. Texas
o Police may resume questioning if they “scrupulously honor”
request
Right to counsel
Police many not resume questioning about any crime, but detainee may initiate
resumption of questioning
Scope of right:
Custodial Interrogation
Compare: Sixth amendment right “offense specific”
Request buts be unambiguous and specific
Ambiguities relevant only if part of request
Counsel must be present at interrogation
Effective assistance to counsel