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Fourth Amendment Violations in Criminal Investigations: A Case Analysis, Exams of Criminal Law

An analysis of various fourth amendment violations in criminal investigations, focusing on the absence of probable cause, warrants, and reasonable suspicion in arrests, searches, and seizures. Cases discussed include in-home arrests, improper searches incident to arrest, protective sweeps, and confessions obtained without due process or miranda warnings.

Typology: Exams

2012/2013

Uploaded on 02/13/2013

atmaja
atmaja 🇮🇳

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Download Fourth Amendment Violations in Criminal Investigations: A Case Analysis and more Exams Criminal Law in PDF only on Docsity! Spring 2002 Question I Arrest Violates Fourth Amendment /2 -No Probable Cause /2 -No Warrant for In-Home Arrest /1 -Fruit of Illegal Stop, Frisk and Search -Stop /2 -No Reasonable Suspicion -Frisk /1 -No Reasonable Suspicion B Weapon /1 -Beyond Scope B removing soft object /1 -Beyond Scope B opening wallet -Search /1 -No Probable Cause /1 -No Warrant Letter /2 -Fruit of Illegal Arrest /2 -Improper Search Incident Arrest (beyond grabbable area) -Improper Protective Sweep /2 -No Reasonable Suspicion for Nonadjoining Room /2 -Beyond Scope to open folder Statement in Apartment /1 -Due Process OK B not involuntary /2 -Fruit of Illegal Arrest -Violates Miranda /1 -Custody /2 -Functional Equivalent of Interrogation /1 -No Warnings/Waiver /1 -6th Amendment OK B no AJP Sunglasses /2 -Fruit of Illegal Arrest /2 -Standing /2 -No Probable Cause for Search /2 -No Warrant for Search /2 -Invalid Consent Statement at Police Station -Due Process /2 -Involuntary Confession (physical brutality) /1 -Inadmissible to Impeach /2 -Fruit of Illegal Arrest -Miranda /1 -Custody /1 -Interrogation /2 -Edwards violation /2 -Involuntary Waiver /1 -6th Amendment OK (no AJP) /50 TOTAL