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Assault with intent to commit robbery

A crime involving an attack intended to steal, but not necessarily resulting in a robbery

Illegal possession of a firearm

Having a gun without legal right or authorization

Suppression hearing

A pretrial hearing to decide if evidence should be excluded from trial

Miranda rights

Constitutional rights of a suspect, including the right to remain silent

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Public safety exception

Allows questioning about public safety, even without Miranda warnings, if an immediate threat exists

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Photo identification

Identifying a suspect from a photo

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In-court identification

Identifying a suspect in court

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Sixth Amendment right to counsel

The right to a lawyer during criminal proceedings

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Due Process of law

Fair treatment under the law

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Fruit of the poisonous tree

Evidence obtained illegally is inadmissible in court

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Automobile exception

Allows warrantless search of a car if probable cause exists

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Warrantless search

A search conducted without a warrant

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Exigent circumstances

Circumstances that require immediate action, potentially justifying a warrantless search

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Anticipatory invocation of counsel

Seeking a lawyer in anticipation of future questioning

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Miranda warnings

The formal notification of rights to remain silent and to have a lawyer present

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Probable cause

Reasonable grounds to believe that a crime has been or is being committed

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Search warrant

A court order allowing a search for specific items

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Exclusionary rule

Evidence obtained illegally cannot be used in court

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What are the key requirements for the public safety exception?

The police must have a reasonable belief that there is an immediate threat to public safety, and the questions asked must be narrowly focused on that public safety concern.

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What could make a photo identification unreliable?

If the photo identification procedure is unnecessarily suggestive, for example, showing the witness a single photo of the suspect or if the witness's memory is unreliable.

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What are some risks of an in-court identification?

Jurors may place too much weight on an in-court identification, and the witness may be influenced by prior exposure to the suspect's photo.

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What are some key protections under the Sixth Amendment right to counsel?

The government cannot use the statements or actions of a defendant obtained during a critical stage of a criminal proceeding without their lawyer present. This protection extends to certain pretrial identifications.

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What is the purpose of the exclusionary rule?

To deter police misconduct and protect constitutional rights by making evidence obtained illegally inadmissible in court.

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What is the automobile exception to the warrant requirement?

Police can search a car without a warrant if they have probable cause to believe it contains evidence of a crime.

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What are some factors that justify a warrantless search under exigent circumstances?

Immediate danger to life or safety, the potential destruction of evidence, or the suspect's escape.

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What are the two main elements of a valid warrant?

A warrant must be issued by a neutral magistrate based on probable cause.

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What is the significance of an anticipatory invocation of counsel?

If a suspect indicates an intention to seek a lawyer in anticipation of future questioning, the police cannot reinitiate questioning without an attorney present.

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What is the difference between a routine booking question and an interrogation?

Routine booking questions are administrative in nature and do not require Miranda warnings, whereas interrogation involves questioning intended to elicit incriminating information.

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What are the potential risks of asking a suspect a question about their mental state?

A suspect's response to a question about their mental state may be considered testimonial and could violate their Miranda rights if they have not been properly Mirandized.

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What are some factors that may indicate a suspect is not competent to waive their Miranda rights?

Mental illness, intoxication, or intellectual disability may affect a suspect's ability to understand their rights and make a knowing and voluntary waiver.

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What is the “cat is out of the bag” argument in Miranda context?

Even if a suspect is initially advised of their rights, they may feel compelled to answer questions later because they believe they have already revealed incriminating information.

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What is the difference between a police line-up and a show-up identification?

In a line-up, several individuals are presented to the witness, while in a show-up, only one individual is shown to the witness.

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What is the constitutional basis for the right to counsel at a post-charge line-up?

The Sixth Amendment right to counsel attaches at a critical stage of criminal proceedings, which includes post-charge line-ups.

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Unnecessarily Suggestive Photo ID

A photo identification procedure is considered unnecessarily suggestive if it unfairly favors the suspect, potentially leading to a misidentification.

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Post-Charge Line-Up

A lineup procedure conducted after a suspect has been formally charged with a crime.

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Critical Stage

A stage in the criminal justice process where a defendant has a Sixth Amendment right to be represented by an attorney.

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Routine Booking Questions

Administrative questions asked during the booking process, such as name, date of birth, and address. These are not considered interrogation.

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Interrogation

Questioning intended to elicit incriminating information from a suspect. This requires reading Miranda rights.

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Competent Waiver of Miranda Rights

A knowing, voluntary, and intelligent waiver of Miranda rights.

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Cat is Out of the Bag Argument

Even if a suspect is initially advised of their rights, they may feel compelled to answer questions later because they believe they have already revealed incriminating information.

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Police Line-Up

A lineup procedure where several individuals are presented to the witness, who tries to identify the perpetrator.

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Show-Up Identification

A lineup procedure where only one individual is presented to the witness, who must decide if that person is the perpetrator.

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Warrantless Entry into a Home

The police generally need a warrant to enter a person's home. However, there are exceptions like immediate danger or exigent circumstances.

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Reasonableness Standard

A legal standard that balances the government's interest in enforcing the law against an individual's right to privacy.

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Probable Cause for a Search Warrant

Reasonable grounds to believe that evidence of a crime will be found at a particular location.

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Overbroad Search Warrant

A warrant that allows officers to search for more than what is reasonably related to the crime being investigated.

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Good Faith Exception

Even if a warrant is later found to be flawed, evidence obtained in good faith reliance on the warrant may still be admissible in court.

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Protective Frisk

A pat-down of a person's outer clothing to check for weapons. This is an exception to the warrant requirement.

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Reasonable Suspicion

A lower level of suspicion than probable cause, but still enough to justify a brief detention or investigatory stop.

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Drug Sniffing Dog

A drug-detecting dog used by law enforcement to sniff for drugs. A dog's alert can create probable cause for a search.

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Plain View Doctrine

If an officer observes something illegal in plain view from a lawful location, they can seize it as evidence.

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Expectation of Privacy

A person's reasonable expectation that their affairs will not be subject to government intrusion.

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Study Notes

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