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Application of Bill of Rights Protections to the States-Incorporation

State Court Activism: Providing Great Rights to Criminal Defendants by Relying on the State Constitution

The Fourth Amendment

Introduction

Threshold Requirements for 4th Amendment Protections; "Search and "Seizure"

The Probable Cause Requirement

Obtaining a Valid Search Warrant

Execution of Search Warrants

Exceptions to the General Fourth Amendment Requirements of Probable Cause and a Warrant

Introduction

The Plain View Doctrine

Warrantless Arrests

Exigent Circumstances

Stop and Frisk

Administrative and Regulatory Searches and Seizures

The Arrest Power Rule

Pretextual Searches and Seizures

Searches and Seizures of Autos and Other Movable Property

Consent Searches

Eavesdropping and the Use of Secret Agents

The Law on Electronic Surveillance Prior to Katz

Katz "Reasonable Exception of Privacy" Doctrine

Use of Secret Agents

Remedies for Fourth Amendment Violations

Introductionv Standing to Invoke the Exclusionary Rule

Exclusion of "The Fruit of Poisonous Tree"

"Collateral Use" Exceptions to the Exclusionary Rule

The "Good Faith" Exception to the Exclusionary Rulev The Privilege Against Self-Incrimination

Introduction

Proceedings in Which the Privilege Applies

What is Compulsion?

Identifying the Holder of the Privilege

Information Protected by the Privilege

Procedural Aspects of Self-incrimination Claims

Self-Incrimination and Confessions

Confessions and Due Process

The Special Federal Standard for Confessions

Confessions and the Sixth Amendment Before Miranda

Confessions and the Fifth Amendment

Confessions and the Sixth Amendment After Miranda

Constitutional Limits on Identification Evidence

Introduction

Post-Charge Identifications

Pre-Charge Identifications

Due Process Limitations on Suggestive Identifications

The Right to Counsel

The Basic Right to Counsel

Due Process and the Right of Adequate Access

Effective Assistance of Counsel

The Right to Self-Representations