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PRE Crim. Procedure
MBE Preview
Question | Answer |
---|---|
Exclusionary rule | Does NOT apply to grand jury proceedings Premature at this stage |
Search of vehicle | Search incident to lawful arrest is allowed Exception: NOT extended to trunk of car Passenger does not have standing to object to search because no reasonable expectation of privacy |
Stop and frisk | If reasoanble suspicion, authority to briefly detain for investigative purposes, even if no probable caus Valid arrest = may search person |
Anonymous tips | NOT sufficient to establish "reasonable suspicion" to stop and frisk |
Stop and frisk- Community care taker exception | Community care taker exception: Police trying to protect individual from imminent harm so NO need for search warrant |
Expectation of privacy | Home is highest expectation of privacy (must do everything right to search) Includes- Curtiladge (immediate area surrounding home such as yard, out buildings, etc.) |
Expectation of privacy- Open field doctrine | Does not include- Outside curtiladge (unprotected from the 4th amendment because public) |
Search and seizure by public school official | Reasonable grounds justify searches Reasonable grounds = Reasonable suspicion |
Miranda | 1. Custodial (be in custody), and 2. Being interrogated Must not be a long delay between Miranda and confession |
Post-charge line-up | Critical stage of prosecution where D has 6th amendment right to counsel As soon as identification witness lays eyes on accused right to counsel |
Adopted admission | Obligation to deny, unless in custody since right to remain silent |