Criminal Procedure: Session 4: Session Four: Interrogations, Confessions, and Miranda Rights

Challenges to Search Warrants: Affidavits and Probable Cause.

While search warrants are powerful tools, they are not immune to challenges. We'll discuss how defense attorneys may challenge the validity of search warrants, focusing on issues related to the supporting affidavit and the establishment of probable cause. Understanding these challenges is essential for both prosecution and defense in criminal cases.

Evolving Standards: Reasonable Expectation of Privacy.

The concept of a "reasonable expectation of privacy" is central to Fourth Amendment analysis. We'll explore how this standard has evolved over time, considering landmark cases such as Katz v United States. As technology continues to reshape our understanding of privacy, how do courts adapt their interpretation of what is considered reasonable?

Intersection with the Fifth Amendment: Self-Incrimination and Searches.

The Fifth Amendment protects individuals from self-incrimination, and its intersection with the Fourth Amendment is crucial. We'll discuss scenarios where searches may implicate the right against self-incrimination, examining cases like Schmerber v California, which addressed the admissibility of compelled blood tests.

Racial Profiling and Unlawful Stops: Constitutional Implications.

An ongoing concern in search and seizure law is the potential for racial profiling and unlawful stops. We'll explore how the Fourth Amendment intersects with issues of race and law enforcement, considering cases that have examined the constitutionality of stops based on factors like race or ethnicity.

International Human Rights and Search and Seizure.

Beyond domestic legal considerations, international human rights principles also play a role in shaping search and seizure law. We'll briefly touch on how treaties and agreements impact the admissibility of evidence obtained through searches in countries with different legal standards.

Introduction to Interrogations: Balancing Law Enforcement and Individual Rights.

Interrogations are a key component of criminal investigations. Law enforcement officers use various techniques to obtain information from suspects. However, the methods employed raise important questions about the balance between effective investigation and protecting individual rights. We'll explore the evolution of interrogation practices and the legal principles governing them.

Miranda v Arizona: Establishing the Right to Remain Silent.

The landmark case of Miranda v Arizona (1966) fundamentally transformed the landscape of criminal procedure. The Supreme Court held that individuals must be informed of their right to remain silent and have an attorney present during custodial interrogations. We'll delve into the details of the Miranda decision, its rationale, and its impact on law enforcement practices.

Custodial Interrogations: Defining the Threshold.

Understanding when a suspect is considered in custody is crucial in determining when Miranda rights must be invoked. We'll explore the concept of custodial interrogations, examining how the courts determine whether a reasonable person would feel free to leave and the implications of custodial status on the admissibility of statements.

Invoking and Waiving Miranda Rights: Legal and Practical Considerations.

Once Miranda rights are invoked, individuals have the option to remain silent and have an attorney present. We'll discuss the legal and practical considerations surrounding the invocation and waiver of Miranda rights. What constitutes a valid waiver, and how does the voluntariness of a confession come into play?

Exceptions to Miranda: Public Safety and Spontaneous Utterances.

While Miranda provides crucial protections, there are exceptions. In situations where there is an imminent threat to public safety or when suspects make spontaneous statements, Miranda warnings may be bypassed. We'll examine cases that illustrate these exceptions and discuss the delicate balance between public safety and individual rights.

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