1 Disclosing and Suppressing Evidence Chapter 12

2 Discovery

3 The Prosecutor and the Discovery Process Jencks v. U.S.: Brady v. Maryland: U.S. v. Agnus:

4 Reciprocal Disclosure Defense counsel does not have to abide by the same disclosure rules as prosecutor.

5 Exclusionary Rule Three exclusionary rules:

6 Fifth Amendment No person shall be held to answer for a capital, or otherwise infamous crime unless on a presentment or indictment of a Grand Jury...; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in a criminal case to be witness against himself, nor be deprived of life, liberty, or property, without the due process of law...

7 Coerced Confessions Brown v. Mississippi: Ashcraft v. Tennessee:

8 Miranda v. Arizona If a suspect is in custody and the police are interrogating him, the police must first tell him:

9 Exceptions to Miranda:

10 Fourth Amendment The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath and affirmation, and particularly describing the place to be searched and the persons or things to be seized.

11 The Exclusionary Rule and the Fourth Amendment Weeks v. U.S.: Mapp v. Ohio:

12 Exclusionary Rule Jurisprudence Illinois v. Wardlow: U.S. v. Drayton: Kyllo v. U.S.: Florida v. J.L.:

13 Search Warrants Search Warrants require…

14 Search and Seizure Jurisprudence Terry v. Ohio: Chimel v. California:

15 More Search and Seizure Jurisprudence Maryland v. Garrison: Knowles v. Iowa: Arizona v. Evans:

16 Issues in Search and Seizure Law in a Nutshell

17 Warrantless Searches

18 Suppression Hearings Motions by defense to suppress certain evidence that the defense believes was gleaned illegally.