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USA · 3L · Criminal Procedure

Constitutional Landmarks

Fourth, Fifth and Sixth Amendment cases.

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  1. 1.Miranda v. Arizona (1966) — held?

    Statements from custodial interrogation are inadmissible unless the suspect was warned of the right to remain silent, that statements may be used against them, and the right to an attorney (retained or appointed), and waived those rights.

    Miranda v. Arizona, 384 U.S. 436 (1966)

  2. 2.Mapp v. Ohio (1961) — held?

    The Fourth Amendment exclusionary rule applies to the states through the Fourteenth Amendment.

    Mapp v. Ohio, 367 U.S. 643 (1961)

  3. 3.Gideon v. Wainwright (1963) — held?

    The Sixth Amendment right to counsel is fundamental and applies to the states; indigent felony defendants must be provided counsel.

    Gideon v. Wainwright, 372 U.S. 335 (1963)

  4. 4.Terry v. Ohio (1968) — held?

    Police may briefly stop a person on reasonable suspicion of criminal activity and frisk for weapons if they reasonably believe the person is armed and dangerous.

    Terry v. Ohio, 392 U.S. 1 (1968)

  5. 5.Katz v. United States (1967) — test from Harlan's concurrence?

    A Fourth Amendment search occurs where a person has an actual (subjective) expectation of privacy that society is prepared to recognise as reasonable.

    Katz v. United States, 389 U.S. 347 (1967)

  6. 6.Brady v. Maryland (1963) — duty?

    Suppression by the prosecution of evidence favourable to the accused that is material to guilt or punishment violates due process.

    Brady v. Maryland, 373 U.S. 83 (1963)

  7. 7.Strickland v. Washington (1984) — test for ineffective assistance of counsel?

    (1) Counsel's performance was deficient (below an objective standard of reasonableness) and (2) the deficiency prejudiced the defence (reasonable probability of a different result).

    Strickland v. Washington, 466 U.S. 668 (1984)