This is an extract of our Interrogations And Confessions document, which we sell as part of our California Bar Exam - Simple Study Guide Outlines collection written by the top tier of Thomas Jefferson School Of Law students.
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CRIMINAL PROCEDURE SEARCH & SEIZURE: 4th Am: Government conduct + reasonable expectation of privacy (standing - ownership; not public) Vehicle stop Reas suspicion law violated; not random license/reg check. Random checkpoint ok. Eavesdropping: Warrant desc conversation, person; brief in time; return to court w/evidence. [?] has risk that listener will squeel. Search warrant: Probable cause, neutral & detached magistrate, reasonably precise; properly executed (announce; scope). Affidavit deficient: false stmt, intentional/recklessly made; material to prob cause Probable cause: Facts & circumstances such that RPP would think [?] has evidence/committed offense. Airport: Requires only articulable suspicion, but detention must be brief; luggage seizure subject to 4th Am. Border: No PC needed to search person and things, but needed to search vehicle. OK to stop for questioning for no reason. Consent: Voluntary (no threats of warrants) and intelligent; by someone with apparent authority. Revokable, limited in scope. Hot pursuit; Exigent evidence. Automobile: Probable cause, scope is whole car incl packages that could contain item. Based on mobility and less privacy. Plain view: Legitimately on premises; discovery of "readily apparent" evidence or contraband in plain view. Stop & frisk: Reas articulable suspicion of weapons; frisk for weapons on person &
passenger comp; contraband found ok. Search Incident to lawful arrest: Contemporaneous w/lawful arrest, limit to wingspan and car passenger comp. Protective swp ok. CONFESSIONS Due Process (14th): Must be voluntary (totality of circumstance - no coersion/threats, but deception ok). Miranda: Custody (not free to leave) + interrogation (reas likely to get damaging statement) = warnings Waiver (Knowing, Voluntary (totality of circumstances - intox/retard), Intelligent: silence not enough) Silence: Once invoked, no questioning until [?] resumes. PD can question about unrelated crime after delay + rewarning. Counsel (5th): Unambiguous request = all questioning stops until couns provided or [?] reinitiates. Not offense specific. Once 6th Am. right to counsel (during trial) attaches, confession w/o counsel is invalid, even if [?] out on bail or in jail. Defenses: Waiver, spontaneous blurt!, impeachment, public safety / onscene factfinding. 5th Amend: Must be asserted else waived, even civil; app only to testimony. N/A if immunity, no poss incrimination, or [?]waiver. Co-D Confession: Redact; Co-D testifies; Only to rebut D's claim his was coerced
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