Flashcard Set Preview
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Criminal Procedure: Exclusionary Rule
Scope of Exclusionary Rule:
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Prohibits introduction of evidence obtained in violation of ∆’s 4th, 5th, and 6th Amendment...
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Criminal Procedure: Exclusionary Rule
Exceptions to the fruit of the poisonous...
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- Statements obtained in violation of Miranda;
- ...
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Criminal Procedure: Exclusionary Rule:
Limitations on the Rule
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ü Inapplicable to Grand Juries, Civil Proceedings, Violations of State Law, Internal...
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Criminal Procedure: Exclusionary Rule:
Harmless Error Test
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- If illegal evidence is admitted, a resulting conviction...
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Criminal Procedure: Exclusionary Rule:
Enforcing the Exclusionary Rule
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- A ∆ is entitled to have the admissibility of...
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Criminal Procedure: Fourth Amendment
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Fourth Amendment
Provides that people should
Be free fromUnreasonable searches and seizures.
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Criminal Procedure: Fourth Amendment
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Arrests and Other Detentions:
Seizure: when a reasonable person would believe that she...
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Criminal Procedure: Fourth Amendment:
Other Detentions:
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Stop & Frisk
If police have a reasonable suspicion of criminal activity or involvement...
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Criminal Procedure: Fourth Amendment:
Other Detentions:
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Stop & Frisk
Duration & Scope: The detention must be no longer than...
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Criminal Procedure: Fourth Amendment:
Other Detentions:
Automobile Stops:
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Generally , police may not stop a car unless they have at least reasonable suspicion to believe...
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Criminal Procedure: Fourth Amendment:
Other Detentions: Automobile Stops
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Seizure of all Occupants:
An automobile stop constitutes a seizure not only of the automobile’s...
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