criminal pro

Exclusionary Rule

4th ( for states, incorporation with 14th Amd)
search and seizure

Seizure

• Arrest: no warrant is required
• Other detain

• stop & frisk
• car: neutral purpose related to automobiles and mobility
• to get a warrant

Search

• state action
• right of privacy
• valid warrant or good faith belief
• warrantless search

• incident to a lawful arrest
• stop and frisk:patdown
• consent
• plan view: lawful on the land
• automobile
• hot pursue

5th
no-self incrimination

Miranda Warning

• custodial interrogation
• testimonial (express/implied)
• spontaneous
• evidence from violation of Miranda warning ( no court decision yet re: fruit of poisoned tree)
• inevitable

6th

• right to jury trial
• speedy trial
• post-charge right to counsel

8th Cruel Punishment

bail