Criminal procedure essay outline

Criminal Procedure Outline Professor Schaffer Fall 2004 I. Introduction 3 II. Search & Seizure 3 A. Introduction to the Fourth Amendment 3 B. What is a Search/Seizure? 3 C. The Tension Between the Reasonableness and Warrant Clauses 4

Discuss. Deft seeks to exclude incriminating statements he made to Snitch in a jail cell after his arrest. He claims they were obtained in violation of his right to counsel, Miranda Rights and/or Due Process. Note Deft’s arrest was a lawful one since it was based on a warrant.

The Exclusionary Rule 22 A. Fruits of an Illegal Search 23 B. Independent Source and Inevitable Discovery Doctrines 24 IV. Self-Incrimination and Confessions 25 A. The Fifth Amendment and Self-Incrimination 25 1. Policies 25 2. What is Compulsion 26 3. To Whom Does the Privilege Belong? What is Protected? 27 4.

Use of these answers is for your personal bar review preparation and law school study only. The exam answers may not be reprinted or republished in any form without express written permission. Police officers believed that Deft had assaulted Bart because Bart failed to pay Deft for cocaine Deft sold to Bart.