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Questions about crim pro

Posted: Thu May 09, 2013 4:39 pm
by Ness Lee
Last, Does an indigent have a 6th amendment right to a PD/etc. after arraignment?

Thanks.

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Posted: Thu May 09, 2013 8:14 pm
by Myself
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Re: Questions about crim pro

Posted: Thu May 09, 2013 9:29 pm
by OneMoreLawHopeful
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!

Re: Questions about crim pro

Posted: Thu May 09, 2013 9:33 pm
by kaiser
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.

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Posted: Thu May 09, 2013 10:28 pm
by Myself
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Re: Questions about crim pro

Posted: Fri May 10, 2013 9:59 am
by Ness Lee
Thanks, how about indigents and right to counsel after arraingmet?

This is studying for a final i got next week