Exclusionary Rule; Grand Juries; Fruits of the Poisonous Tree Doctrine; Standing;
Harmless Error; State Action; Substantive Considerations, Reasonable Expectation of
Privacy; and Warrant Requirements.
& Frisk; Plain View; Automobile Exception; Consent; Other Searches; Methods to Attach
the Admissibility of a Statement or Confession; Voluntariness Approach; Miranda
Approach; and Right to Counsel Approach.
Chronology of the Criminal Proceeding; Right to Public/Speedy Trial; Right to
Counsel/Jury Trial; Habeas Corpus; Other Key Areas of Criminal Proceeding; Right of
Confrontation; Burden of Persuasion; Presumptions; Sentencing; and Double Jeopardy.
criminal proceeding. It requires seizing the person. It is more than mere custody.
It is more than just taking an individual into custody. It is more than a brief
detention. It is more than a stop and frisk
1. Where the person is arrested inhis/her own house (inside his house).
2. Where the person is arrested inanother person\u2019s house
3. Where the police make an arrest for amisdeamour not committed in their
committed in the presence. No arrest warrant is required. A police officer may
arrest a person for a felony (without a warrant) not committed in his presence
where he has reasonable grounds to believe the person committed the felony;
however, such an arrest by a private citizen is valid only if the felony was in fact
felony, no warrant is required, only if the felony was in fact committed by the suspect. She may be liable for false imprisonment if the suspect did not in fact commit the felony.
1. Exclusionary rule
2. Fruits of the Poisonous Tree
4. Harmless error rule
5. State action requirement
arrest and seizure) may not be admitted substantially in a criminal proceeding. It
may be however be used to impeach the defendant. It doesn\u2019t apply to grand juries
nor civil proceedings
are conducted in secret. 5th amendment to juries have not been incorporated into juried. States that don\u2019t use grand juries are required to file information. Grand jury may consider hearsay evidence.
1. confront witnesses
2. cross examine,
3. present evidence,
5. Miranda warnings,
verbal or physical evidence obtained will be tainted by the earlier illegality and thus
found inadmissible. In order for this fruit doctrine to apply, the first search must export
the second search.
A taint may be purged, but it is usually very difficult unless:
(1) the independent source doctrine;
(2) the inevitable discovery rule; and
(3) the attenuated connection principle.
premises search or the items seized. He has standing to assert 4th amendment if his
privacy rights were violated based on totality of the circumstance. It can also be extended
to the personal effects of an overnight guess.
Was that expectation reasonable?
Look to see if an ordinary person engaged in the same kind of conduct would reasonable
have expected privacy. If there is a reasonable expectation of privacy, then police
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