AuthorDeja Vishny
Abandoned Property:
Computers, warrantless search and seizure, 8:03
Privacy expectations, 3:08, 4:26
Abandonment of Client. See Attorneys
Administrative Searches:
Good faith reliance on constitutionally defective
statute permitting warrantless searches, 3:56
Special needs doctrine, regulated businesses,
3:34, 7:31
Post-admission narrative, reliability of, 9:22
Reid method eliciting admission, 9:21
Suspect required to make admissions before
phone call allowed, 11:20
Pleadings admissible as admission of party
opponent, using term “allegedly”, 2:06
Polygraph, post-test admissions, 12:44
Challenging warrant search of home, 4:32,
Client initial interview, reviewing probable cause
motion to suppress, 2:07
Miranda rights
Finding that juvenile unable to comprehend,
Impact of juvenile’s age on custody analysis,
Presence of interested adult, 10:96-10:97
Research supporting age below which
juveniles cannot comprehend Miranda
warning or consequences of waiver,
10:96, 10:103
Airports and Airplanes:
Luggage search. See Luggage Searches
Special needs doctrine, 3:34, 7:34
Alcohol and Alcoholism:
Bodily intrusions to test for alcohol use, 7:33
DUI. See 
Expert testimony on defendant’s vulnerabilities,
Interrogation, determining if alcohol consumed
by client before, 1:21
Involuntary confessions, false promises of
treatment for alcoholism, 11:37
Liquor stores. See Liquor Stores
Vulnerability of hospitalized defendant with
acute alcohol withdrawal, 11:61
Aliens. See 
American Sign Language. See Sign Language
Anonymous Tips, Motor vehicle searches, tip as basis
for reasonable suspicion, 5:65E, 6:04, 6:19-6:20
Apartment Buildings. See Home Searches
Motion practice, preserving issues for appeal,
2:10, 2:13-2:14, 2:37
Waiver of Miranda rights, asking judge for
Arguments. See 
Arrest. See 
Arson, Involuntary confession, false evidence used in
Reid method interrogation, 11:46
Confessions, 3:57, 3:60, 11:07
Reasonable suspicion, 5:75
Attorney-Client Privilege:
Crime-fraud exception to privilege, 1:02
Explaining privilege during initial client-
interview, 1:02
Abandonment of client by former counsel, 12:29
Adverse authority, duty of attorney to avoid
misrepresentation of law, 2:04
Attorney’s pleadings admissible as admission of
party opponent, using term “allegedly”, 2:06
Client interview. See 
- AU -
Suppressing Criminal Evidence I-2
Defense attorneys keeping records on abusive
police searches, 7:30
Humanizing client in pleadings, 2:05
Jailhouse informer’s attorney, subpoenaing to
determine police role in soliciting snitch, 12:32
Police training and procedures, learning details
of. See 
enterprise, privacy expectations, 4:10
Sixth Amendment. See Sixth Amendment
Work product. See Work Product
Audiotapes. See Video- and Audiotapes
Authority Figures, Client’s history of dealing with, 1:07
Automobiles. See Motor Vehicle Searches
Background, Client’s personal background and
social history, 1:03-1:08
Multi-unit dwellings with common back yard,
privacy expectations, 4:10, 4:13
No implied consent, 4:16.2
Banks and Banking, Compelling production of non-
privileged business records, 11:89
Basements, Multi-unit dwellings, privacy
expectations, 4:10-4:11
Bias and Prejudice:
Client deprived of counsel at critical stage of
proceedings, constitutional error, 12:29
Confession’s low probative value, prejudicial
effect, 12:17
Drug detection dog’s reliability versus dog
lovers’ belief about sniff accuracy, 6:49
Drunk driving and non-consensual warrantless
blood draw, 4:116
DUI cases, scope of McNeely case, 7:46
Non-testimonial evidence, permissible use of
compelled evidence, 11:90
Reasonableness of invasive procedures, 7:46
Right to have counsel present under Sixth
Amendment, 12:28
Student athletes, random urinalysis, 7:33
Unconscious motorist, §7:46.2
Boarding and Rooming Houses:
Multi-unit dwellings with private and common areas,
home searches and privacy expectations, 4:10
Privacy expectations, 4:25
Boats. See Ships and Vessels
Invasive body searches, reasonableness, 7:45
Special needs doctrine, alcohol or drug testing, 7:33
Body Cavity Search:
See also Strip Search
Client initial interview about scope of, 1:12
Special needs doctrine, 7:30
Body Scanners, Special needs doctrine for public
transportation, 7:34
DNA collection, 7:32
Documenting force used against client with
booking photos, 11:17
Miranda rights, exceptions for booking
questions, 10:28-10:30
Border Searches:
See also 
Argument, totality of circumstances, 7:06
Cross-exam questions, 7:05
Duration of detentions in Terry stops, 5:33
Electronic devices, reasonable suspicion, 8:06
Governing principles, 7:01
International mail subject to border search
exception, 7:47
Miranda exception, 10:33
Scope of search, 7:02
Special needs exception, 3:34, 7:01-7:06
Strip search and body cavity search, 7:20
Brain Trauma. See 
Briefcases, Backpacks, Purse, or Wallets:
Courthouse search, 7:36
Schools, drug detection dogs, 7:18
Special needs search, 7:48
Briefs, Motion practice, drafting supporting brief, 2:13
Burden of Proof:
Attenuation, 11:07
Home searches, inevitable discovery exception
to warrant requirement, 4:123
Inevitable discovery exception to exclusionary
rule, 3:58
Inventory search of vehicle as pretext, 6:74
Plea offer, advantages of rejecting offer and
Prosecution’s proof of compliance with Miranda,
Search warrant lacks probable cause on its face, 4:32
Standing, expectation of privacy, 3:12
Voluntariness, 11:05
Waiver of Miranda rights done voluntarily,
knowingly, and intelligently, 10:35
Business Search:
Administrative searches of regulated businesses, 7:31
Client initial interview about, 1:11, 1:15
Compelling production of non-privileged
business records, 11:89
- CO -
I-3 Index
Capital Cases, Penalty phase of capital case, no use
of un-Mirandized statements, 10:03
Car Accidents. See Motor Vehicle Searches
Cars. See Motor Vehicle Searches
Failure to comply with Miranda, statement
suppressed in state’s case-in-chief, 10:05
Home searches, risks of client testifying to
establish standing if contraband or evidence
of crime involved, 4:06
Un-Mirandized statements made to parole or
Cavity Search. See Body Cavity Search
Cell Phones:
Arrest, search of cell phone incident to,
Cell simulator devices, 8:57
Cell tower dumps, 8:58
Consent, 8:32-8:33
Developing area of law, 8:25-8:26
Google data (Geofence warrants), 8:59
Government employer searching employee’s text
messages for work-related purpose, 7:37
Historical cell site data, 8:50-8:53
Interception of cell phone communications,
replying to text messages, 8:37
Password disclosure, 8:27.2
Pinging, 8:55
Real-time tracking, 8:55
, Client initial interview, names of
co-workers and supervisors to use as witnesses, 1:04
History of client’s juvenile and adult charges,
Information about charges not given to suspect,
cross-exam of police, 11:51, 11:54-11:55
Checkpoints and Roadblocks:
Border searches, 7:01
Immigration checkpoints, 7:10
Motorcycle rally, scope of government
checkpoint, 7:38
Narcotics checkpoints, 7:33
weapons checkpoints, 7:41
Special needs doctrine, 7:41
Child Custody, Interrogator’s threats that children
will be taken away, 11:26-11:29
Child Pornography, Challenging warrant searches
of home, probable cause dissipated and facts
stale, 4:33
Children. See Juveniles
Border searches, 7:03, 7:05
Reasonable suspicion to stop to determine
citizenship, 7:10
Good faith exception to exclusion rule, 3:56
Search warrant, error in description of place to
be searched, 4:31
Background and social history of client
Education and literacy, 1:03
Family history, 1:07
Law enforcement, history of contacts with, 1:08
Medical history, 1:05, 11:62-11:63
Mental health history, 1:06
Work history, 1:04
Confession, interviewing client about
interrogation before suppression motion, 9:34
Detention and arrest. See 
Discovery issues, 1:40-1:48
Fourth Amendment motions, questions for client,
Home searches, gathering information from
client, 4:01
Interrogations, questioning client regarding
details of, 1:27-1:37
Investigating case. See 
Lie detection tests. See Polygraphs and Voice
Stress Analysis
Phases of interview, 1:02
Preliminary matters, 1:01-1:02
Privilege. See Attorney-Client Privilege
Probation or parole, determining client’s status, 7:22
Review criminal complaint, indictment, or
interview, 1:01
Seized by police, questions to ask client about, 5:32
Suppressing statements, gathering information
from client for motion, 1:20-1:25
Vulnerabilities of client, determining,
identifying contraband through clothing, 5:40
Students, search undergarments, 7:15
Terry, scope of search, 5:39
. See 
Commissioners, See Magistrates and Commissioners
Community Caretaker Searches:
Client initial interview, questions regarding, 1:14

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