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Challenges to Affidavits (basis for Warrants)
- 1. Does not demonstrate probable cause
- 2. Based on falsities:
- a. an intentional lie
- b. relating to material fact
- c. by a gov't official
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Good Faith Limitation on Exclusionary Rule
- Evidence not excluded if:
- 1. Proceeding in good faith
- 2. Reasonable belief warrant was valid
- 3. Officers in fact have a warrant which is later found invalid (officers merely told warrant exists is OK)
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Exceptions to Warrant Rule (ESCAPIST)
- 1. Search incident to arrest (person plus area under control at time)
- "2. Automobile search (with probable cause it contains evidence, containers in vehicle ok inventory later ok, checkpoints only ok if routine, car-related, limited intrusion"
- 3. Plain view
- "4. Consent (voluntary, apparent authority ok)"
- 5. Stop and frisk (see Terry)
- "6. Probable cause (flight alone significant, but not enough)"
- "7. Exigent circumstances (hot pursuit, scene of homicide, sweep of premises)"
- "8. Special Circumstances, Border and School children (reasonable suspicion standard)"
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Stop-and-frisk (Terry)
- 1. Reasonable suspicion that crime is about to take place
- 2. Officer may stop and question
- "3. If answers don't dispel suspicion, may pat down outer garments"
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Miranda and Right to Counsel Offense-specific?
- "5th Amendment Miranda is not offense-specific, so all questioning must stop if D requests lawyer, even about unrelated crime"
- "6th Amendment right to counsel is offense specific, e.g., line-up for unrelated, uncharged offense, no right to attorney present"
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