Custodial Interrogation and Trial What is required in order to receive 5 th

Custodial interrogation and trial what is required in

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When do defendants have the absolute right to remain silent? Custodial, Interrogation and Trial. What is required in order to receive 5 th Amendment protection? 1. Testimony; Anything testimonial which according to the Hubbell case can also be the act of handing over records if they belong to the person being prosecuted. 2. Gov't compulsion; 3. Self Incriminating When is a person not protected by the 5 th Amendment? 1. Consensual Encounter and sometimes Detention depending on circumstances ie routine questioning during a traffic stop violation. 2. Double jeopardy; 3. case dismissed can't be refiled by Gov't; 4. Immunity; 5. Plea agreement Does the 5 th Amendment bar a prosecutor from doing anything with respect to the defendant? Yes, can't comment on assertion of rights Does the 5 th Amendment protect a person from evidence derived from the person’s body? No, the 4th and 14th only due to search and seizure. 2 kinds; appearance or things in plain view and bodily or hidden from which requires a search warrant.
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What can be done during a detention? collecting appearance evidence as long as it's fast and in order to eliminate or confirm criminal activity. E.g. line ups, photographs, height and weight measurements, fingerprints, handwriting samples, voice samples and field sobriety tests. What are the exceptions to a search warrant? 1. Consent; 2. Search incident to lawful arrest (Gant has to be in scope); 3. Emergencies; 4. Motor vehicle exceptions and hot pursuit, danger to police, hot pursuit, potential destruction of evidence.
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  • Fall '08
  • Hill,B

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