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Crim Checklist

The document outlines key legal concepts related to plea bargaining, due process, and the Fourth and Fifth Amendments. It details the requirements and exceptions for searches and seizures, as well as the implications of Miranda warnings and the right to counsel during police interrogations. The document serves as a comprehensive checklist for understanding the legal framework surrounding these constitutional protections.

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Ikram Ali
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45 views2 pages

Crim Checklist

The document outlines key legal concepts related to plea bargaining, due process, and the Fourth and Fifth Amendments. It details the requirements and exceptions for searches and seizures, as well as the implications of Miranda warnings and the right to counsel during police interrogations. The document serves as a comprehensive checklist for understanding the legal framework surrounding these constitutional protections.

Uploaded by

Ikram Ali
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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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

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