criminal procedure

criminal procedure

1. exclusionary rule

   • fruit of the poisonous tree
     • all evidence downstream from the violation
   • any evidence unconstitutionally gained is inadmissible

2. confessions

   • suppression able if:
     • violation of 6th amendment right to counsel
     • 5th amendment
     • violation of miranda warnings
   • when doing analysis think: custody? interrogation? warnings given? D invoke right to counsel? D waive rights?

3. guilty pleas

   • when made, judge must make plea-taking colloquy on record:
     • nature of charge
     • maximum sentence/minimum
     • right to plead not guilty
     • waiver of right to trial

4. double jeopardy

   • prohibits being charged for the same event with the same charges twice
     • does not protect against different charges

5. privilege against self-incrimination

   • 5th amendment prohibits compelled testimony in a criminal case
     • does not apply to physical evidence or prior uncompelled communication

6. search & seizure

   • search if physical intrusion into constitutionally protected area
   • seizure if arrest made
   • valid with warrant or exception
     • probable cause
     • reasonable suspicion