00:02
And custody issues.
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So in the case of denise v.
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Oscar franklin smith, the issue of miranda rights and custody arises when smith was taken into custody by the police.
00:20
Miranda rights require law enforcement officer to inform individuals to the right to remain silent and their right to autonomy before any questioning.
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The court must determine whether smith was in custody at the time of his interrogation and whether he was properly informed of his miranda rights.
00:37
If it is found that mr.
00:39
Smith was in custody and not properly informed of his rights, any statement he made during the interrogation may be deemed inadmissible as evidence.
00:49
Second is search warrant requirement issues.
01:03
This case may involve search warrant requirement issues if the police conducted a search of smith property without a valid search warrant.
01:10
The fourth amendment of the united states constitution protects individuals from unreasonable searches and seizures.
01:16
The court must determine whether the search conducted by police was supported by probable cause and whether a search warrant was obtained or if any exceptions to the search warrant requirement apply.
01:27
If the search was conducted without a search warrant or without the meeting requirements, any evidence obtained during the search may be excluded from trial.
01:36
Third is hearsay excited utterance issue.
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Hearsay refers to an out of the court statement offered for the truth of the matter asserted.
01:56
However, an exception to the hearsay rule exists for excited utterances which are statements made under the influence of startling event and without time for reflection.
02:07
The court may consider whether any statement made by witnesses at the end of the scene of crime qualify as excited utterances and therefore admissible as evidence.
02:17
Fourth is circumstantial evidence and courts statements.
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This refers to indirect evidence that implies a fact or event.
02:39
In this case, the court may analyze the circumstantial evidence presented by the prosecution to determine its probative value and whether it's establishes guilt beyond a reasonable doubt...