Show:
4A
5A
6A
Warrant
Exceptions
Miscellaneous
100

Warrant Requirements

1. Probable Cause

2. Oath/Affirmation

3. Particularity

100

If PO forget to give Miranda warnings by accident 


 the later warned confession comes IN

100

what does 6A guarentee

right to counsel

100

Co-Occupants rules

  • One says yes, other physically present and says No =No
  • Objecting occupant isn’t present= Then yes
100

for a search are PO subjective belief relevant

no sir

200

where is there is a HIGH Expectation of Privacy

  • Personal containers (bags, purses, suitcases)
  • Digital data
  • Home + Curtilage
200

what does miranda require

Custody and interrogation 

200

Triggers for violation:

 Critical stage 

and

Deliberate elicitation 

200

what are required/ what is inventory Search

  • No PC or RS needed
  • Purpose isn’t to investigative but standard procedure:
  • Protects owner’s property
  • Protects police from claims of theft/damage
  • Protects police from danger
200

when is does Special Needs Doctrine apply

Border Searches 

Public Schools

Checkpoints/Roadblocks

Bodily Fluids/Drug & Alcohol Testing

DNA Collection from Arrestees

300

where is there a LOW/NO Expectation of privacy?

  • Open fields
  • Trash left for collection 
  • Public movement (short-term tracking)
  • Info voluntarily given to 3rd parties
300

Every confession issue must ALWAYS be analyzed under

both Due Process (Voluntariness) AND Miranda (Custodial Interrogation)

300

What constitutes a waiver under 6A?


  • D initiates the conversation; and
  • Knowing, voluntary, and intelligent waiver
  • Even if counsel has been appointed or upon request, police CAN initiate post-attachment questioning so long as they have a valid waiver
300

consent 

Must be voluntary

  • NO PC or RS needed
  • Don’t have to inform person of right to refuse
  • Factors: (Age, language, # of officers, environment, time and duration of encounter)
  • Limited to what a reasonable PO would understand from consent given
  • Once withdrawn → must stop
300

what is Good Faith exception


  • Even if violated evidence is admissible if PO reasonably relied on warrant to be valid
  • Balancing Test: Does cost of excluding reliable evidence outweigh deterrent value that would be served by excluding evidence?
400

What are the exceptions to the Exclusionary Rule?

Independent Source Doctrine

Inevitable Discovery Doctrine

Attenuation

400

If PO don’t give Miranda warnings on purpose to get confession first

the later warned confession stays OUT

400

what is NOT deliberate elicitation


  • Mere listening
  • Undercover who doesn’t ask questions
  • Cellmate not acting as an agent
  • Questioning about uncharged crimes
400

when can there be Vehicle Search Incident to Arrest

Can search passenger compartment if:

  • Arrestee is unsecured & within reaching distance of area OR
  • Reasonable belief vehicle contains evidence
400

factors of standing in anothers home

  • Commercial transaction?
  • Prior relationship with owner?
  • Duration of stay/overnight guests?
  • Ownership interest in the property
500

what are 3p factors 


  • Nature of surveillance (how revealing is data?)
  • Location (expose movements inside home?)
  • Duration (short = ok; long = not ok)
500

what does right to remain silent require?

  • Must be clear
  • Once invoked police must immediately stop questioning
  • May re-approach later if:
  • Significant time passes
  • Fresh warnings given
500

when does Right to counsel attach?

AFTER formal charges are made:

  • Indictment
  • Arraignment
500

where can PO search for SITA  

  • Passenger compartment only; NO trunk
  • Containers in passenger area may be opened only if within scope
500

what are 3rd Party Doctrine exceptions

  • Long-term cell site tracking = warrant required
  • Depth of personal life revealed makes privacy reasonable
  • Cell phones ALWAYS require warrant