Episode Summary

In this episode, I break down Question 4 from the July 2021 California Bar Exam. This is a quintessential Criminal Procedure "race-horse" essay covering everything from ambiguous Miranda invocations to the cutting-edge rules regarding cell phone searches under Riley. If you want to know how to navigate the "Fruit of the Poisonous Tree" without getting lost in the weeds, this is the episode for you.

What’s Inside:

• The Miranda Ambiguity: We look at David’s statement, "I am not sure if I need a lawyer or not," and discuss why "maybe" doesn't stop an interrogation.
• The Digital Privacy Shield: A deep dive into why Officer Baker’s "peek" at a text message violated the Fourth Amendment, even durin ...