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Table Of Contents

A. Introduction
B. What is a Search?
1. Open Fields
2. Aerial Searches
3. Thermal Imaging of Homes
4. Searches of Trash
5. Observation and Monitoring of Public Behavior
6. Use of Dogs to Sniff for Contraband
C. The Requirement for Probable Cause
1. Sufficient Belief to Meet the Standard for Probable Cause
2. What Form Must the Warrant Take?
3. What are the Requirement in Executing Warrants?
E. Exceptions to the Warrant Requirement
1. Searches Incident to Arrest
2. Searches Made in Hot Pursuit
3. Plain View
4. The Automobile Exception
a. The Exception and Its Rationale
c. Searches Incident to Arrest
5. Inventory Searches
6. Border Crossing and Checkpoints
7. Checkpoints
8. Consent
9. Searches on Those on Probation and Parole
10. Searches When There Are “Special Needs”
a. Administrative Searches
b. Drug Testing
11. Exigent Circumstances
F. Seizures and Arrests
1. Is a Warrant Needed for Arrests?
2. When Is a Person Seized?
3. For What Crimes May a Person Be Arrested?
G. Stop and Frisk
1. The Authority for Police to Stop and Frisk
2. The Distinction Between Stops and Arrests
3. What May Police Do When They Stop an Individual?
4. What is Sufficient for Reasonable Suspicion?
a. Reasonable Suspicion for Stopping Cars
b. Reasonable Suspicion Based on Informants' Tips
d. Reasonable Suspicion Based on Profiles
II. The Exclusionary Rule
A. Is the Exclusionary rule a Desirable Remedy?
B. The Origins of the Exclusionary Rule
D. Exceptions to the Exclusionary Rule
1. Independent Source
2. Inevitable Discovery
3. Inadequate Causal Connection – Attenuation of the Taint
4. The Good Faith Exception to the Exclusionary Rule
5. Exception for Violations of “Knock and Announce”
6. Exception for Certain Department Violations
E. Suppression Hearings
A. Due Process and the Requirement for Voluntariness
1. The Requirement for Voluntariness
2. Determining Whether a Confession is Voluntary
a. Burden of Proof
b. Factors to be Considered
3. Is the Voluntariness Test Desirable?
4. Coercive Questioning, Torture, and the War on Terrorism
B. Fifth Amendment Limited on In-Custodial Interrogation
1. Miranda v. Arizona and Its Affirmation by the Supreme Court
2. Is Miranda Desirable?
3. What are the Requirements for Miranda to Apply?
a. When is a Person “In Custody”?
c. What is Required of the Police?
4. What are the Consequences of a Violation of Miranda?
5. What are the Exceptions to Miranda?
a. Impeachment
b. Emergencies
d. Waiver
C. The Sixth Amendment Right to Counsel and Police Interrogations
1. The Sixth Amendment Right to Counsel During Interrogations
2. The Sixth Amendment Right to Counsel Is Offense Specific
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2195 Crim Pro I Outline

2195 Crim Pro I Outline

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Published by Mariam Babayan

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Published by: Mariam Babayan on Nov 26, 2011
Copyright:Attribution Non-commercial

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