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Supreme Court — Part 18
Page 121
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conversation with police, Shea v. Louisiana held that the
Edwards rule applies retroactively to cases on direct appeal when
Edwards was decided,
3. Oregon v. Eistad, 105 S.Ct. 1285 (3-4-85)
The Supreme Court ruled that a confession obtained by
police after giving the Miranda warnings and obtaining a valid
waiver, Wage nar automatically teaintad by the facet that they had
earlier secured an initial admission without first advising the
suspect of his Miranda rights. The Elstad case recognized the
Miranda warnings as only a judicially created safeguard to the
Fifth Amendment privilege against compelled seif~-incrimination,
but not in themselves of constitutional dimension. Thus, so long
as the initial admission was not coerced, a second admission
preceded by the advice and waiver of Miranda rights may be
admitted into evidence,
4, Tennessee v. Street, 105 §.Ct. 2078 (5-13-85)
The Sixth Amendment*s Confrontation Clause is not
violated by the admission of a non-testifying accomplices
confession at a sole defendant”s trial where that confession is
offered on rebuttal for the limited purpose of showing that the
defendant”s own confession was not coerced,
E. Right to Counsel
v
1, Evitts v. Lucey, 105 S.Ct. 830 (1-21-85)
The Supreme Court held that the Due Process Clause of
the Fourteenth Amendment guatantees a criminal defendant the
effective assistance of counsel on his first appeal as of right
following his conviction.
F, Search of Premises
i. Thompson v. Louisiana, 105 S.Ct. 409 (11+26-84)
In Thompson, the Supreme Courr held that a warrantless
2~hour search of a murder scene after the victim and suspect were
removed violated the Fourth Awendment. The Court reiterated that
there is no “murder scene" exception to the warrant requirement,
Law enforcement officers may make emergency warrantless entries
when necessary to locate victims and suspects and to render
assistance and any evidence found in plain view during that entry
may be seized, Once the emergency function has been fulfilled,
any further search must he conducted pursuant to a search warrant
or consent.
In Macon, the Court held that an undercover purchase at
a public adult bookstore did not constitute a search and seizure
within the meaning of the Fourth Amendment.
4
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