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Free flashcards to ace your Bar exam - Criminal Procedure
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Criminal Procedure
10 flashcards
The Fourth Amendment protects against unreasonable searches and seizures by the government, and requires probable cause and a warrant for most searches and seizures.
The exclusionary rule is a legal principle that prohibits the use of improperly obtained evidence at trial. It is a remedy for Fourth Amendment violations.
The 'fruit of the poisonous tree' doctrine excludes not only illegally seized evidence, but also any derivative evidence obtained as a result of the original illegal seizure.
The plain view doctrine allows police to seize evidence that is in plain view during a lawful observation, even without a warrant, if its criminal character is readily apparent.
A Terry stop, based on the case Terry v. Ohio, allows police to briefly detain and frisk a person for weapons based on reasonable suspicion of criminal activity, even without probable cause for an arrest.
Miranda warnings, based on the case Miranda v. Arizona, inform arrested suspects of their Fifth Amendment rights, including the right to remain silent and have an attorney present during interrogation.
The Sixth Amendment provides the right to counsel, meaning the accused in criminal cases has the right to be represented by an attorney, even if they cannot afford one.
The Fifth Amendment's double jeopardy clause prohibits being tried for the same crime twice after a conviction or acquittal.
Due process, guaranteed by the Fifth and Fourteenth Amendments, requires that the government respect legal rights and procedures before depriving someone of life, liberty or property.
The Sixth Amendment guarantees the right to a speedy and public trial for criminal defendants.