Evidence

Not admissible in court because: party could lie about content, misinterpret what was said, defendant loses right of cross examination.

Something said under stress

Must subjectively believe youre going to die. Can only include statments related to death.

Given if one can't be in court

Not denying the Accusation

Excited Utterance and Impeachment

Can say that the other can't testify against them

Right to ask court to take legal action

Procedure and Affidavit

1) Neutral Magistrate 2) Acting Inside Jurisdiction 3) Felony warrants restricted to certain courts. 4) Executed in daylight. 5) LEOs ID

For personal safety of Police. Limited to area covered by warrant. May only look in locations that could contain evid. being searched for.

Filed after execution with time and date and inventory. Copy left with person whose premises were searched of in a conspicuous place.

Info or evidence derived from evidence seized during an illegal search is inadmissible.

Not subject to exclusionary rule; encourages plea bargaining

Exclusionary rule should not support perjury; unless coerced, statements made by the defendant can be used to impeach.

Stte Court ruled that LEOs seize evidence for prosecution, therefore the deterrent factor in the exlusionary rule does not apply.

Police with articulable suspicion of crime may detain a suspect and question them briefly

1) Need reasonable Suspicion 2) Cant be mere suspicion 3) Must be articulable suspicion

1) Can not compel unless suspect under arrest. 2) Can get them at scene vs. at the station

1) Can search whole compartment if arrest driver or passenger 2) Only area within immediate control 3) Search can be quite intrusive

1) Once in physical confinement, virtually any searches are permissible. 2) Searches based on any reasonable admin. Justification

1) Individual may be intensively searched. 2) No expectaion of privacy in cell; open to any warrantless search