Law Criminal Procedure

# Law Criminal Procedure

## 1. Constitutional Foundations
Criminal procedure governs the balance between state power and individual liberties. Central is the 4A (protection against unreasonable searches/seizures) and 5A/14A (DPC). The 6A ensures the right to counsel and a speedy public trial.

## 2. Investigative Procedures
- **Searches & Seizures**: Officers require PC for warrants. Warrantless searches are permissible under exceptions: Exigent circumstances, Search incident to arrest, Plain view, and Consent.
- **Detention**: RS is the threshold for a 'Terry Stop'. If the officer has RS that criminal activity is afoot, they may perform a limited pat-down for weapons.
- **Interrogation**: Under MIR, custodial interrogations require warnings to prevent coerced confessions. Failure to provide warnings triggers the EXC, suppressing statements.

## 3. The Exclusionary Rule (EXC)
Evidence obtained in violation of constitutional rights is generally inadmissible. Exceptions include: Good faith reliance on a warrant, Independent source, and Inevitable discovery.

## 4. Pretrial and Trial
- **Arraignment**: Defendant is informed of charges and enters a plea.
- **Discovery**: The prosecution must disclose exculpatory evidence (Brady material).
- **Trial**: The burden of proof rests on the state to prove guilt 'beyond a reasonable doubt'. The 6A guarantees the right to confront witnesses and trial by an impartial jury.