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Rights of the Accused

Rights of the Accused . Precedents in these cases are key: What does the majority opinion say? (Most criminal cases do not go to trial – most end with a plea bargain.) Lower courts, police and legislators are bound to follow these opinions. (COMMON LAW).

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Rights of the Accused

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  1. Rights of the Accused Precedents in these cases are key: What does the majority opinion say? (Most criminal cases do not go to trial – most end with a plea bargain.) Lower courts, police and legislators are bound to follow these opinions. (COMMON LAW)

  2. 4th Amendment: Search and Seizure KEY QUESTIONS: What level of privacy is expected? (Katz vs. US, 1967) (phone booth) Is there probable cause or reasonable suspicion? Garbage = okay Roadblocks = okay (random) Aerial Search = okay Know…. How and why the police obtain a warrant. Exceptions to the warrant requirement.

  3. You decide (Bond v. US, 2000) (7 to 2) Facts: Border Patrol Agent Cantu boarded a bus in Texas to check the immigration status of its passengers. As he walked off the bus, he squeezed the soft luggage which passengers had placed in the overhead storage space. He squeezed a canvas bag above petitioner's seat and noticed that it contained a "brick-like" object. Petitioner admitted owning the bag and consented to its search, Agent Cantu discovered a "brick" of methamphetamine. Petitioner was indicted on federal drug charges. He moved to suppress the drugs, arguing that Agent Cantu conducted an illegal search of his bag. The District Court denied the motion and found petitioner guilty. The Fifth Circuit affirmed the denial of the motion, holding that Agent Cantu's manipulation of the bag was not a search under the Fourth Amendment.

  4. Miranda v. Arizona, 1966 5th, 6thand 14th Amendments

  5. Gideon v. Wainwright, 1963 (9 to 0) 6th and 14th Amendments Precedent: guarantees counsel for all persons facing a felony in federal or state courts (RIGHT TO A FAIR TRIAL)

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