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PRE Crim. Procedure

MBE Preview

QuestionAnswer
Exclusionary rule Does NOT apply to grand jury proceedings Premature at this stage
Search of vehicle Search incident to lawful arrest is allowed Exception: NOT extended to trunk of car Passenger does not have standing to object to search because no reasonable expectation of privacy
Stop and frisk If reasoanble suspicion, authority to briefly detain for investigative purposes, even if no probable caus Valid arrest = may search person
Anonymous tips NOT sufficient to establish "reasonable suspicion" to stop and frisk
Stop and frisk- Community care taker exception Community care taker exception: Police trying to protect individual from imminent harm so NO need for search warrant
Expectation of privacy Home is highest expectation of privacy (must do everything right to search) Includes- Curtiladge (immediate area surrounding home such as yard, out buildings, etc.)
Expectation of privacy- Open field doctrine Does not include- Outside curtiladge (unprotected from the 4th amendment because public)
Search and seizure by public school official Reasonable grounds justify searches Reasonable grounds = Reasonable suspicion
Miranda 1. Custodial (be in custody), and 2. Being interrogated Must not be a long delay between Miranda and confession
Post-charge line-up Critical stage of prosecution where D has 6th amendment right to counsel As soon as identification witness lays eyes on accused right to counsel
Adopted admission Obligation to deny, unless in custody since right to remain silent
Created by: dmoore147