Intro to criminal law

4th Amendment

RIght against unreasonable search and seizures

Suppression

Sop police from evil acts with rules

Good faith doctrine

Evidence will not be suppressed but if its found as not good faith evidence will be suppressed

Exigency

Circumstances when theres no time to get a warrant be not unreadable

Fruit of the poisonous tree doctrine

Evidence that derives from an illegal seziure cannot be used in trial

Inevitable discover doctrine

Evidence may be used in court if illegally obtained if it would have invariably been discovered anyway

Plain view doctrine

Evidence found in plain view and open to public inspection may

Public safety

Protect police and public from danger

Level 1 of intrusion

Right to approach to request information needs an objective credible reason to approach Cannot ask permission to search (Ex: street encounters, highcrime area)

Level 2 intrusion

Common law right of inquiry needs founded suspicion of possible criminal activity (Officer needs founded susspision they can ask permission to search)

Level 3 intrusion

Stop and frisk requires reasonable suspicion that criminal activity is afoot ( reasonable to police to forcefully detain)

Level 4 intrusion

Arrest and full search incident to arrest required pro label cause

5th amendment

RIght against self incrimination

Police interigation

Any behaviors by the police that the police should know are reasonably likely to elicit an incriminating responce from the suspect

Right to a lawyer

When a defendant requests an attorney during questioning police must allow it

Custodial interrogation

Designed to elitist incriminating responce Must give Miranda rights

Investigating inquiring

Dosnt need Miranda rights read