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4 Cards in this Set
- Front
- Back
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Warrantless Searches
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(1) search incident to arrest
(2) inventory searches (3) exigent circumstances (4) plain view doctrine (5) automobile searches (6) consent searches (7) stop and frisk (8) regulatory inspections (require a warrant, but the requirements are less stringent) |
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Non-Critical Stages of Criminal Prosecution
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The right to counsel does not exist during:
(1) preliminary identifications (2) pre-indictment detention hearings (3) grand jury proceedings (4) discretionary appeals (5) probation and parole revocation (6) habeas corpus proceedings |
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Critical Stages of Criminal Prosecution
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The right to counsel exists during:
(1) pre-indictment custodial interrogations (Fifth Amendment) (2) all post-indictment interrogations (Fifth and Sixth Amendments) (3) post-indictment lineups (Sixth Amendment) (4) preliminary hearings to determine probable cause to prosecute (Sixth Amendment) (5) Arraignments (Sixth Amendment) (6) felony trials (Sixth Amendment) (7) misdemeanor trials where imprisonment is actually imposed (Sixth Amendment) (8) sentencing (Sixth Amendment) (9) appeals as a matter of right (Sixth Amendment) |
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Confessions
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Approaches to determine the admissibility of statements and confessions made by D:
(1) voluntariness approach (the Due Process Clause of the 14th Amendment) (2) the right to counsel approach (6th Amendment) (3) the Miranda standard (5th Amendment) |
