COMPREHENSIVE ASSESSMENT
◉ 5th amendment. Answer: self incrimination
"plead the fifth"
◉ 6th amendment. Answer: Right to a speedy trial
◉ affidavit. Answer: written statement of fact
◉ affidavit is submitted to a neutral magistrate judge
judge determines if there is probable cause. Answer: how to obtain
search/arrest warrant
◉ exclusionary rule. Answer: illegally collected evidence cannot be
used at trial
balance police authority and power
◉ emergency situations
protect life
protect property
,prevent destruction of evidence. Answer: example of exigent
circumstances
◉ plain view
automobiles
incident to lawful arrest
consent
terry stop. Answer: types of searches without a warrant
◉ search person and area in immediate control
protective sweep
officer safety. Answer: steps of a lawful arrest
◉ plain view. Answer: can use your five senses
legally on premises
"no trespassing" sign does not prevent sight
drug dogs cannot be put on porch
◉ consent. Answer: anyone who lives there can give consent
present and vocal about not giving consent
hotel management cannot give consent
if they legally arrest you they can go back and get consent
,◉ electronic surveillance. Answer: katz V us 1967 decision allowed
for which type of surveillance
◉ electronic surveillance. Answer: extremely limited
time frame
who/want you overhear
if info is discovered, it must be terminated
◉ hidden microphone
do not need a warrant. Answer: exception for electronic surveillance
◉ 5th amendment. Answer: protects from self incrimination
protects from double jeopardy
applies written and verbal testimony
◉ blood or handwriting samples. Answer: what does the 5th
amendment not apply to
◉ miranda v arizona. Answer: right to remain silent
right to an attorney, if cannot afford it one is appointed
, ◉ custody and interrogation. Answer: 2 legal triggers of the miranda
v arizona
◉ ask confession to be thrown out. Answer: defense attorney can
ask what if something is not mirandized
◉ interrogation must stop until the attorney arrives. Answer: if
asking for an attorney...?
◉ anything said after can be used as a valid confession. Answer:
must explicitly invoke right to remain silent, but if conversation is
started by suspect then...?
◉ lineups. Answer: attempt identification by witness
in person or by photo
fair, not unreasonably suggestive
jurisdictions do not allow investigators to participate
ask witness how sure they are
◉ faulty lineup identifications. Answer: largest reason for wrongful
convictions
◉ powell v alabama. Answer: guranteed attorney for capital cases