What does the exclusionary rule do?

The exclusionary rule generally bars the prosecution from using evidence obtained in violation of the Fourth, Fifth, or Sixth Amendment, subject to important exceptions such as good faith, impeachment, inevitable discovery, and independent source.

When does a search occur for Fourth Amendment purposes?

A search occurs when the government physically intrudes on a constitutionally protected area to obtain information or violates a person's reasonable expectation of privacy.

When does Miranda apply?

Miranda warnings are required before custodial interrogation by known government agents.

When does the Sixth Amendment right to counsel attach?

The Sixth Amendment right to counsel attaches only after formal judicial proceedings have begun, such as indictment, arraignment, or first appearance before a magistrate.

What is the standard for a Terry stop?

Police may briefly detain a person when they have reasonable suspicion, supported by specific and articulable facts, that criminal activity is afoot.

What makes an identification procedure unconstitutional?

An identification violates due process if police use an unnecessarily suggestive procedure that creates a substantial likelihood of misidentification.

When is a defendant entitled to a jury trial?

A defendant has a jury-trial right for serious offenses, generally those punishable by more than six months' imprisonment.

What is Brady material?

Brady requires the prosecution to disclose material exculpatory or impeachment evidence favorable to the defense.

When does double jeopardy attach?

Jeopardy attaches in a jury trial when the jury is sworn and in a bench trial when the first witness is sworn.

What is the rule for guilty pleas?

A guilty plea must be knowing, voluntary, and intelligent, and the defendant must understand the rights being waived and the basic consequences of the plea.

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Criminal Procedure | MBE Subject | Critical Pass Flashcards

Critical Pass

Criminal Procedure | MBE Subject | Critical Pass Flashcards

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Study 100 Criminal Procedure MBE flashcards covering the Fourth, Fifth, Sixth, and Fourteenth Amendments, search and seizure, Miranda, confessions, identification, right to counsel, trial rights, pleas, sentencing, and appeals.

MBE Bar Exam Prep

Criminal Procedure | MBE Subject | Critical Pass Flashcards

100 high-yield Criminal Procedure flashcards designed for efficient bar review. Study search and seizure, warrants, Miranda, the right to counsel, identification procedures, trial rights, guilty pleas, sentencing, appeals, and double jeopardy in one focused study section.

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Criminal Procedure | MBE Subject | Critical Pass Flashcards

Criminal Procedure | MBE Subject | Critical Pass Flashcards

All 100 Criminal Procedure Cards — Quick Reference

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