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Criminal Procedure
Bar Exam Review
6
Law
Professional
02/21/2011

Additional Law Flashcards

 


 

Cards

Term
Exclusionary Rule
Definition

All evidence obtained in violation of the 4th, 5th, and 6th amendment is excluded from being admitted at trial.  

 

FRUIT OF THE POISONOUS TREE

unless

Inevitable discovery, Intervening act of free will be D, Independent Source

Term
Exceptions to Fruit Doctrine
Definition
FRuit from statements obtained in violation of Miranda, Independent source confirming, intervening act of free will, inevitable discovery, violation of knock and announce rule, in court ID, When police acting in good faith pursuant to a valid arrest/ search warrant with a clerical error.  
Term
Search and Seizure
Definition

Seizure- rzbl person believes not free to leave or terminate and encounter with goverment

 

 

Term
Warrant Requrement
Definition

Must knock and announce purpose, wait rzbl amount of time, absent exigent circumstances.

Excecuted upon probable cause and without unreasonable delay.  

 

Probable Cause- trustworthy facts or knowledge sufficient for a reasonable person to believe a crime has been committed

Term
6 Exceptions to Warrant Requirement
Definition

Pursuant to a lawful arrest- must be standard routine- no new routines.

Plain view- must be lawfully present, illegality or evidentiary nature is immediately apparent

Stop and Frisk- upon reasonable suspicion and reasonably believe danger present, top of clothing only until illegality apparent

Automobile- arrestee is unsecured and still has access to interior, police reasonably believe evidence of a crime stopped for found in car- search anywhere including container where evidence might be found

Hot Pursuit- no time to get warrant

Consent- voluntary and intelligent, if co-possessor objects, no go.

 

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