POLS 1101 Lecture 15: Rights of the Accused
10 Jan 2019
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Search privacy : government intrusion into an area over which we have a reasonable expectation of. Items in plain view/ open fields / abandoned (not a search : search incident to arrest (search area near the person they arrested, exigent circumstances (if they believe a person would ruined the evidence, automobiles. Giddeon v. wainwright (1963) accused of petty thief but wanted an attorney but supreme court refused. A miranda warning is required prior to a custodial interrogation : custodial meaning freedom of movement is restrained. Interrogation meaning questions or actions designed to elicit an incriminating response. Exclusionary rule: evidence collected in violation of a defendant"s rights is inadmissible for criminal prosecution: applied to evidence from both improper searches and interrogations. Furman v. georgia (1972: death penalty was being call off, strong finding there are racial bias. Mcclesky v. kemp (1987: the system in georgia is racial bias with death penalty, so he shouldn"t have death penalty.
