Last Modified: 2011-06-15
CRIM PRO - Exclusionary Rule - Exceptions to FOTPT
(2) Independent Source
(3) Intervening Act of Free Will
(4) Inevitable Discovery
(5) Violations of knock and announce
Arrest - police custody against will for interrogation/custody. Must be probably cause to believe suspect has committed/is committing crime.
STEP 1 - Reasonable Expectation of Privacy?
STEP 2 - Valid Warrant ? (PC and P)
STEP 3 - Valid Warrantless search?
(1) Owned/right of possession to place searched
(2) Place was home, whether or not he owned or had a right of possession
(3) Overnight gust of owner of place searched
-includes sense enhancers
(1) false statement included by affiant
(2) false statement was intentional or reckless
(3) false statement material to finding of probable cause
(1) arrestee unsecured and may still gain access OR
(2) reasonable belief that evidence of offense for which the person arrested may be found in vehicle
(1) legitimately on the premises
(2) plain view
(3) have probable cause to believe that item is contraband, evidence of crime, instrumentalities
(2) persons to be overheard named
(3) particular conversations that can be overheard
(4) short time
(5) timely termination
(6) return to court, showing conversations that were intercepted
(1) right to remain silent
(2) anything can be used against him
(3) right to presence of attorney
(4) appointed if indigent
(1) do nothing
(2) waive rights
(3) assert right to remain silent
(4) assert right to consult with attorney
Cannot cure by "question first, warn later" unless original unwarned question unplanned and failure to give Miranda rights inadvertent.
(1) unlikely jury gave reasonable consideration
(2) ∆ compelled to stand trial in prison clothing
(3) visibily shackled (unless justified by security/escape)
(4) jury exposed to influence favorable to prosecution
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