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 Introduction:
 Plea Bargaining
 Due Process:
 Fourth Amendment: Searches and Seizures
 Text, purpose, enforcement
 In general
 Search
 Seizure
 Reasonable
 Searches: Evidentiary Search and Seizure
 General Approach
 Elements of a search
 Government Conduct required
 Probable cause and warrants
 Exceptions to warrants: Exigency, Plain View
 Exceptions to warrants: Auto, Arrest
 Search Incident to Arrest
 Exceptions to Probable Cause: Terry Stops
 Police Discretion & profiling
 Exceptions to Probable Cause: Special needs, road blocks
 Exceptions to Probable Cause: Consent
 The exclusionary rule
 Fifth Amendment:
 Introduction
 Warning
 Need not be verbatim
 Rewarning not required
 When is Miranda warnings required?
 Government conduct
 Custody Requirement
 Test of objective
 Traffic stops generally not custodial
 Incarcerated suspects
 Interrogation requirement
 Breaks in interrogation
 Questioning by different police agencies
 Privilege against self- incrimination
 Police Interrogation & Miranda revolution
 The Scope of Miranda:
 Police trickery, Warning, Waiver
 Right to waive rights or terminate interrogation
o DO nothing
o Waive rights
 Police Trickery
o Police Deception of detainee’s lawyer
 Implications of invoking rights
 Invoking the Right to Remain Silent
o An individual must specifically invoke the Fifth Amendment
right to "remain silent", otherwise silence can be used against
him or her in court.
 Salinas v. Texas
o Police may resume questioning if they “scrupulously honor”
 Right to counsel
 Police many not resume questioning about any crime, but detainee may initiate
resumption of questioning
 Scope of right:
 Custodial Interrogation
 Compare: Sixth amendment right “offense specific”
 Request buts be unambiguous and specific
 Ambiguities relevant only if part of request
 Counsel must be present at interrogation
 Effective assistance to counsel