Them against someone o can search your person officer

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them against someone o Can search your person Officer must be able to protect himself o Hot pursuit Investigate areas where you could have thrown something o Stop and frisk (Terry search) If officer thinks situation is dangerous, he has right to pat someone down Depends on context – what would reasonable person say? o Consent You agree to let officer search But normally you get a search warrant Presented in same way that arrest warrant is With search warrant, you can search thoroughly o Warrant overrides right of privacy Anything you find improperly cannot be used against you
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o Exclusionary Rule Witness testimony Eyewitness, expert witnesses, character witnesses But here you have 5 th amendment o You do not have to testify against yourself if doing so would incriminate you o Defendant and witnesses can refuse to testify That’s supposed to be a neutral statement o Do not have that right in civil trial o Have right to take the 5 th (plead the 5 th ) But there is a way to go around taking the 5 th o What if you were given immunity so that you can’t incriminate yourself? o Then you cannot take the 5 th o Immunity can be used to get other people It’s called climbing the ladder Try to get all the way to the top, where “the bank”, the guy with all the money is Use it to get from the lower people to get to the higher people Defendant can testify Pleading guilty = testify against yourself Confession o If you choose to issue a confession, two questions arise: Is it admissible? Can we use confession at trial? Confession must be freely given Police cannot apply any form of pressure to force you to confess Judge decides this This is appealable Is it believable? Especially relevant if someone recants Jury decides o Tends to be a real possibility for a solution o Does not mean guilty unless you plead guilty in arraignment (formal reading of criminal complaint) People will recant
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