Law and evidence final

4th Amendment

Protects against unreasonable searches and seizures and establishes the requirement for a warrant based on probable cause.

Although the arrest was valid, can a warrantless search of petitioner’s entire home in violation with the 4th Amendment?

Yes it violates the 4th amendment because they still didn't have a search warrant and could only search a limited amount which was the area around the suspect only.

If police enter the house but didn’t wait after 15 to 20 seconds but had a warrant then is the evidence still admissible to court?

Evidence is still admissible since the 15-20 seconds isn’ a strict rule.

Is searching the vehicle with probable cause and no search warrant in violation of the Fourth Amendment?

No because the police can always lawfully search a car and any compartment after arresting the occuptants.

Public’s space automobile

Police can search an automobile without a warrant but need probable cause to search.

If the person doesn’t respond to the door what can police do?

Police have to wait 15-20 seconds to go in a house with a warrant.

Can officers get probable cause while searching the vehicle?

Yes

Miranda rights

A set of protections given to individuals during police interrogation.

Reasonable expectation of privacy

Can’t go through items with locks on like locked situcases.

Can police use evidence that was later found as contraband after the scene of the crime?

If police search something that is not contraband then the evidence is inadmissible because the officers should know what is contraband without searching and in plain view.

Can police search abandon property?

Yes

Seized

When cops put their hands on a suspect.

Can police search a home when one of the residents is physically present and says yes but the other co-occupants objects?

The no suppresses the yes

Does the exclusionary rule apply to searches conducted by school officials in public school?

The students have the right to privacy but there is a reasonableness of any search then officials can search which has to be related to the situation regardless of probable cause standards.

Can businesses be search without a warrant?

Yes they can be searched like liquor stores.

5th amendment

speech

When are Miranda rights read to someone?

In custodial interrogation

Is evidence still admissible after violating Miranda rights?

Violating Miranda rights, evidence is still admissible.

How long can and individual invoke the 5th amendment ?

14 days

Transactional Immunity

Full protection to get after another thing that the government actually wants.

6th Amendment right

Guarantees the rights of criminal defendants, including the right to a speedy and public trial, the right to an attorney, the right to an impartial jury, and the right to confront witnesses.

When can the 6th Amendment be invoked?

Formal charges

Arraignment

The defendant chooses to plead "guilty," "not guilty" or "no contest" to those charges before the judge. The judge will also review the defendant's bail and set dates for future proceedings.

Does police interrogation in self-incrimination of a suspect in violation of the 5th Amendment?

Yes, the 5th Amendmnet requires that law enforcement offcials advise suspects of their rights to remain silent and obtain an attorney during interrogation.

Does the suspect invoke their right to remain silent by not answering questions violating their 5th Amendment rights?

The suspect must clearly state their rights to remain silent?

Can the government force a witness to testify even after granting immunity and the assertion of the Fifth Amendment?

Yes, the government can compel testimony from an unwilling witness who invokes 5th Amendment privileges.

Can a lineup without counsel be in violation of the Fifth and Sixth Amendment?

It doesn’t violate the Fifth Amendment, but for the Sixth Amendment, the court must decide whether the counsel’s presence at the pre-trial confrontation of the accused will preserve the accused’s right to a fair trial.

Is it required for a suspect to be advised of his right to counsel during a show-up identification?

A show-up after arrest but before formal charges does not qualify as a criminal prosecution under the Sixth Amendment.

Are eyewitness identification procedures in violation of the Fifth and Fourth Amendment?

Eyewitness identification procedures are in violation of the Fifth and Fourth Amendment and violate due process.

Does the Sixth Amendment’s right to counsel in criminal cases extend to felony defendants in state court?

It applies to the defendant’s trial and conviction without any counsel, violating the Fourteenth Amendment.