Questions about crim pro

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Ness Lee
Posts: 22
Joined: Thu May 09, 2013 4:10 pm

Questions about crim pro

Postby Ness Lee » Thu May 09, 2013 4:39 pm

Last, Does an indigent have a 6th amendment right to a PD/etc. after arraignment?

Thanks.
Last edited by Ness Lee on Sat May 11, 2013 2:34 am, edited 1 time in total.

Myself
Posts: 1372
Joined: Sat Jun 23, 2012 1:36 pm

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Postby Myself » Thu May 09, 2013 8:14 pm

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Last edited by Myself on Tue Nov 19, 2013 11:02 pm, edited 2 times in total.

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OneMoreLawHopeful
Posts: 1191
Joined: Sun Aug 05, 2012 6:21 pm

Re: Questions about crim pro

Postby OneMoreLawHopeful » Thu May 09, 2013 9:29 pm

Okay, a few tips.

First, the thing about "If the informant lied," depends on when he lied. Under Aguilar-Spinelli, the police have to swear that an informant is credible, and knowledge that the informant had previously lied breaks the credibility assumption. In such an instance the police acted in bad faith, and the warrant is broken.

If, on the other hand, the informant lied that time, but had not previously lied, then the good faith exception still applies.

As for car trunks, in general, there's a warrant preference...but maybe not. Under Carroll (which is not necessarily good law today), if the car is on the highway, that's an automatic exigency and you don't need a warrant. A more reasonable approach is Alabama v. White, where you only need reasonable suspicion to stop someone and ask them to get out of the car and open the trunk. They can refuse, but more often than not...they don't.

Additionally, if you can arrest the driver of the car, while they are driving, and that renders the car empty such that it has to be towed, then you get to search the trunk under Chambers (if someone else can drive it, you only get to search the passenger compartments under Belton).

I hope this helps!

kaiser
Posts: 2940
Joined: Mon May 09, 2011 11:34 pm

Re: Questions about crim pro

Postby kaiser » Thu May 09, 2013 9:33 pm

Crim pro exam tomorrow. Criminally unprepared. But I'm a 3L, so that pretty much means I've been done with law school for almost a year now.

Myself
Posts: 1372
Joined: Sat Jun 23, 2012 1:36 pm

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Postby Myself » Thu May 09, 2013 10:28 pm

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Last edited by Myself on Mon Nov 25, 2013 12:23 am, edited 1 time in total.

Ness Lee
Posts: 22
Joined: Thu May 09, 2013 4:10 pm

Re: Questions about crim pro

Postby Ness Lee » Fri May 10, 2013 9:59 am

Thanks, how about indigents and right to counsel after arraingmet?

This is studying for a final i got next week




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