by ryusei


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4th Amendment (protections)
1) prohibition against unreasonable searches and seizures
2) exclusionary rule
5th Amendment (protections)
1) privilege against compulsory self-incrimination
2) prohibition against double jeopardy
6th Amendment (protections)
1) right to speedy trial
2) right to public trial
3) right to trial by jury
4) righ tto confront witnesses
5) right to compulsory process for obtaining witnesses
6) right to assistance of counsel
8th Amendment (protections)
prohibition against cruel and unusual punishment
Exceptions to the fruit of the poisonous tree doctrine (5)
(i) fruits derived from statements obtained in violation of Miranda
(ii) Evidence obtained from a source independent of the original illegality
(iii) An intervening act of free will
(iv) Inevitable discovery
(v) Violations of the knock and annouce rule
Limitations on Exclusionary Rule (4)
1) Inapplicable to Grand Juries, Civil Proceedings, Internal Agency rules, and Parole Revocation Proceedings
2) Good Faith Reliance on law, Defective Search Warant, or Clerical Error
3) Use of Excluded Evidence for Impeachment Purposes
4) Knock and Annouce Rule Violations
Seizure (definition)
A seizure occurs when a reasonable person would believe that she is not free to leave or terminate an encounter with the government
Arrest (detention requirements)
1) Probable Cause - trustworthy facts or knowledge sufficient for a reasonble person to believe that the suspect has committed or is committing a crime
2) Wararnt generally not required except for home arrest
Investigatory Detention (Stop and Frisk) (requirements)
May detain if: 1) reasonable suspicion of criminal activity 2) supportted by articulable facts

Duration no longer than necessary. 
May frisk if: 1) reasonabl suspicion that armed and dangerous
Automobile Stops (requirements)
May not stop unless reasonable suspicion to believe a law has been violated.

Automobile stops
Roadblock exception for stopping cars (when and validity requirements (2))
Special law enforcement needs can justify roadblocks.

To be valid must:
(i) stop cars on neutral articulable standard
(ii) be designed to serve purposes closely related to a particular problem pertaining to automobiles and mobility
Detention to obtain a warrant (when)
Police may detain for resaonble time to get a warrant if probable cause to believe hidden drugs in home
Occupants of the Premises (when)
Police can detain occupants of the premises when executing ewarrant to search for contraband
Station House Questioning (when)
Polic emust have full probable cause for arrest to bring suspect to station for questioning or fingerprinting
Warrant Proper (3 requiremetns)
based on probable cause, precise on its face, issued by a neutral and detached magistrate
Warrant properly executed (3)
1) Without reasonable delay
2) After announcement (unless officers or evidence would be endangered)
3) Person or place searched or seized within scope of warrant
Warrantless search exceptions (6)
1) Incident to a lawful arrest
2) Automobile search
3) Plain view
4) Consent
5) Stop and frisk
6) Hot pursuit and evanescent evidence
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