Index
| Author | Deja Vishny |
| Pages | 629-664 |
I-1
A
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
Admissions:
Interrogation
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,
4:34-4:37
Client initial interview, reviewing probable cause
suppress, 2:07
Age:
Miranda rights
Finding that juvenile unable to comprehend,
10:103
Impact of juvenile’s age on custody analysis,
10:87-10:88
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,
11:65
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
Appeals:
Motion practice, preserving issues for appeal, 2:10,
2:13-2:14, 2:37
Waiver of Miranda
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
Attorneys:
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
Index
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
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
B
Background, Client’s personal background and social
history, 1:03-1:08
Backyards:
Multi-unit dwellings with common back yard,
privacy expectations, 4:10, 4:13
No implied consent, 4:17
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
12:17
Drug detection dog’s reliability versus dog lovers’
:
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
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
Booking:
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
Reasonable suspicion and race, Mexican ancestry as
factor in border investigations, 5:55, 5:58
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
I-3 INDEX
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
motion, 2:01
Prosecution’s proof of compliance with Miranda,
10:04
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
C
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
Case-in-Chief:
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
10:32
Cavity Search. See Body Cavity Search
Cell Phones:
Arrest, search of cell phone incident to, 8:27-8:31
Cell simulator devices, 8:39
Consent, 8:32-8:33
Developing area of law, 8:25-8:26
Exceptions of plain view, inventory search,
independent source or inevitable discovery,
8:45-8:48
Government employer searching employee’s text
messages for work-related purpose, 7:37
GPS tracking versus cell tower tracking, 8:38
Interception of cell phone communications, replying
to text messages, 8:37
Password disclosure, 8:27.2
Stingray and dirtbox to locate cell phone, motion to
disclose use of, 8:38
Suspect’s location, cell tower data as evidence of,
motion to suppress, 8:38
, Client initial interview, names
of co-workers and supervisors to use as witnesses,
1:04
Charges:
History of client’s juvenile and adult charges, 1:08
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
Citizenship:
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
:
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