1. 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
  2. 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)
  3. 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)"
  4. 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"
  5. 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"
Card Set