Term
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Definition
| 6th amendment assistance of counsel applicable to the states in felony cases |
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Definition
| must be represented by counsel if being incarcerated |
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Term
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Definition
| right of self-representation if they knowingly and intelligently elect to do so |
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Term
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Definition
| reasonably effective assistance of counsel |
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Term
| Ineffective Assistance Test |
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Definition
1. so deficient that they aren't acting as counsel AND
2. reasonable prob. that result would have been different but for counsel's errors |
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Term
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Definition
| (Prosecution misconduct) reasonable probability that if info had been disclosed the result would be different |
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Term
| What rights are relinquished when entering a guilty plea? |
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Definition
-5th amendment right against compulsory self incrim.
-trial by jury
-right to confront/present witnesses
-to be convicted by proof beyond reasonable doubt
-right to appeal |
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Term
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Definition
-establish probably cause prior to search
-issued by impartial magistrate
-detail specifically the area to be searched and limit scope of search |
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Term
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Definition
| 4th amend. rights attach to people, not places |
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Term
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Definition
-an actual expectation of privacy AND
-must be something that society recognizes as private |
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Term
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Definition
-nature of uses of area
-proximity to house
-enclosures surrounding area
-steps by landowner to keep area private |
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Term
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Definition
| evidence obtained by illegal search cannot be used (Weeks) |
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Term
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Definition
| exclusionary rule applied to the states |
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Term
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Definition
| If police act in good faith of what they believe to be a legit warrant, evidence still counts |
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Term
| Exceptions to Good Faith Exception |
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Definition
-knowingly false warrant
-not neutral/impartial magistrate
-not enough probably cause for warrant
-if warrant is facially deficient (doesn't describe person/place) |
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Term
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Definition
| suggests to reasonable person that a crime has/is/will happen |
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Term
| Reasonable suspicion to stop |
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Definition
| facts available to officer at moment of seizure/search cause person of reasonable caution to believe action taken was appropriate |
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Term
| Protective Stop and frisk (Terry) |
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Definition
belief that
-criminal activity afoot
-person may be armed/dangerous
-person does nothing to dispel that fear |
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Term
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Definition
| detention of motorist is reasonable where probably cause exists to believe that traffic violation has occured |
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Term
| Police can only search after arrest if... |
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Definition
-arrestee might access the vehicle
-belief there is evidence of the crime for which arrest is made |
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Term
| Exception to arrest warrants... |
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Definition
-probable cause to believe felony has been committed
-felony/misd. committed in police prescence |
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Term
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Definition
| Search incident to lawful arrest...police can search a PERSON following arrest |
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Term
| What can be search under SILA? |
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Definition
-arrestee
-immediate area in control of arrestee |
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Term
| Why search arrestee? (SILA) |
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Definition
-disarm suspect for arrest
-preserve evidence/ fruits of illegal activity |
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Term
| Protective search of home after arrest... |
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Definition
| if threat of immediate violence or destruction of evidence, police can do protective search of immediate grabbing distance of suspect |
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Term
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Definition
-sanctity of home can't be compromised
-if reason for search =/= immediate protect, NEED WARRANT |
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Term
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Definition
-actual authority to give consent
-apparent authority (reasonable to believe person can consent) |
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Term
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Definition
-dangerous felony
-short time span
-prior to arrest
-looking for suspect or weapon |
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Term
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Definition
-police must be legitimately on premises
-immediately apparent that it is seizable evidence (contraband)
-must be in plain view |
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Term
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Definition
-must stop search after warranted items are found
-PC is required to seize/search an item
-"Elephant in the icebox" |
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Term
| 5th violation occurs when... |
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Definition
-statements are not product of free and rational choice OR
-if will is simply overborne |
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Term
| Test if Miranda is needed... |
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Definition
| Custody in police dominated envir. + official interrogation = danger of coercion |
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Term
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Definition
-right to remain silent
-right to counsel
-counsel can be appointed if indigant |
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Term
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Definition
-knowingly: understanding rights
-intelligently: understand consequences of waiving rights
-voluntarily |
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Term
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Definition
| when suspects' freedom of movement is curtailed to a degree assoc. with formal arrest = CUSTODY |
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Term
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Definition
interrogation if:
-express questioning
-word/actions on part of police that they should know are reasonably likely to elicit incriminating statements |
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Term
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Definition
| Violation of Miranda =/= violation of the 5th |
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Term
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Definition
| -questions reasonably prompted by a concern for public safety |
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Term
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Definition
-routine booking questions
-jailhouse informants
-public safety |
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