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ER exceptions
- 1. good faith
- 2. purged taint
- 3. independent source
- 4. inevitable discovery
- 5. collateral use
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No GF if (ER)
- 1. false/misleading statement
- 2. rubber stamping/search leading magistrate
- 3. obviously inadequate
- 4. facially deficient
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attentuation factor (purged taint)
- 1. impact illegality on D
- 2. intervening events
- 3. temporal proximity
- 4. purpose/flagrancy of police misconduct
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curtilage factors
- 1. proximity
- 2. enclosed
- 3. nature of use
- 4. protected from view
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warrant required to arrest in home UNLESS
- 1. destruction of property
- 2. safety
- 3. hot pursuit
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PC tests
- 1. Aguilari-Spinelli
- 2. Gates
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K&A protects 3 things
- 1. life and limb
- 2. property
- 3. dignity
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inevitable discovery 2 prong test
- 1. reasonable probability
- 2. gov pursuing alternative line of investigation
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4 conditions to secure premises from inside
- 1. PC that evidence is inside
- 2. fear destruction
- 3. reasonable efforts to minimize intrusion
- 4. limited time
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stop = seizure factors
- 1. multiple officers
- 2. display weapon
- 3. physical touching
- 4. language/tone of voice
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stop = arrest factors
- 1. duration
- 2. intrusiveness
- 3. moved suspect
- 4. less restrictive means?
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justifications for SIA
- 1. police safety
- 2. evidence preservation
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types of special needs searches
- 1. inventory
- 2. border searches
- 3. DUI/license checkpoint
- 4. students
- 5. gov EE
- 6. drug test pregnant moms
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mobile home/RV need warrant factors
- 1. readily mobile
- 2. licensed
- 3. utilities connected
- 4. public road access
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consent ToC factors
- 1. custodial status
- 2. presence of coercive police procedures
- 3. extent/level of D cooperation
- 4. whether D understood cooperation not mandatory
- 5. D education/intelligence
- 6. D belief that no incriminating evidence would be found
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voluntariness factors (confession/interrogation)
- 1. methods of interrogation
- 2. characteristics of D
- 3. circumstances around interrogation
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4 part Miranda warning
- 1. right to remain silent
- 2. statements used against D
- 3. right to counsel
- 4. will be appointed
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if suspect invokes right to counsel then can't be approached again unless
- 1. attorney present
- 2. suspect initiates contact
- 3. break in custody (14 days)
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critical stages of crim process
- 1. prelim hearing
- 2. interrogation
- 3. lineup/show up
- 4. trial
- 5. sentencing
- 6. plea
- 7. 1st appeal
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consent of client is required for:
- 1. pleading guilty
- 2. jury or bench trial
- 3. D testifying
- 4. appeal
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factors for ineffective counsel
- 1. experience
- 2. tactics = incompetent action
- 3. D prejudiced
- 4. ineffectiveness beyond control
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ineffective counsel test
- 1. sersiously deficient performance
- 2. prejudice (reasonable probability)
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per se prejudice (ineffective counsel)
- 1. total denial of counsel
- 2. no meaningful adversarial test
- 3. competent counsel couldn't do it
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elements of competence
- 1. investigation
- 2. presentation
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self-representation
- - D has right to represent himself
- - D warned
- - D voluntary, competent, and unequivocal waiver
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subsequent in-court ID factors
- 1. observation of crim act
- 2. description discrepancies
- 3. ID someone else in lineup
- 4. picture ID b4 lineup
- 5. previous failure to ID
- 6. time b/t act and lineup
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to get pre-trial ID thrown out the D must show:
- 1. impermissibly suggestive
- 2. unreliable
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reliability factors (pretrial ID)
- 1. opportunity to view D in act
- 2. witness attention
- 3. accuracy of description
- 4. level certainty demonstrated
- 5. time b/t crime and confrontation
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speedy trial balancing test
- 1. length of delay
- 2. reasons for delay
- 3. D assertion of right
- 4. prejudice to D
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duty to disclose evidence factors
- 1. favorable
- 2. material
- 3. goes to guilt/innocence
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trial guarantees
- 1. speedy and public trial
- 2. impartial jury
- 3. assistance of counsel
- 4. right to be present
- 5. right to confront witnesses
- 6. right to remain silent/testify
- 7. presumed innocence
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limits on Terry stops
- 1. w/o PC or EC, search of luggage requires SW of voluntary consent
- 2. no violation for merely approaching an indvl on the street and asking him questions provided he is free to refuse and leave at any time
- 3. articuable suspicion that a person has committed or aboutt o commit a crime justify seizure
- 4. can't be used as de facto arrest
- 5. statements made during illegal detention are inadmissible
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justifications for inventory searches
- 1. need to protect owner's property while in custody
- 2. protection of police against claims of lost, stolen, or vandalized property
- 3. protection of police from potential danger
- 4. diminished expectation of privacy
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Terry prereqs
- 1. lawful stop based on reasonable suspicion of criminal activity
- 2. grounds for a frisk
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admissibility of statement challenges
- 1. miranda
- 2. right to counsel
- 3. voluntariness
- 4. fruits of illegal conduct
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