174s Test Flashcards
CSP in the first degree consists of CSP:
(1) on a child under thirteen years of age; or
(2) by the use of force or coercion that results in great bodily harm or great mental anguish to the victim.
Child abuse consists of:
knowingly, intentionally or negligently, and without justifiable cause, causing or permitting a child to be:
(1) placed in a situation that may endanger the child’s life or health;
(2) tortured, cruelly confined or cruelly punished; or
(3) exposed to the inclemency of the weather
How long do you have to file the return of inventory after serving a search warrant?
3 days
A person can move to suppress evidence from electronic devices based on:
1) electronic communications privacy act
2) the us constitution
3) the nm constitution
(Not 100% sure on this answer)
Information from electronic communications not needed for the investigation must be destroyed within:
(Not sure on the wording for this question, but it’s ballpark)
30 days
Valid consent requires:
-person giving consent must have legal control over the area to be searched
-must be made aware that evidence collected may be used against them in criminal prosecution
-the consent is freely given without coercion
-consent to search form is completed and signed
-the consent was voluntary
Obstructing a child abuse investigation is a ___________ crime.
Misdemeanor
SAKI stands for:
Sexual assault kit initiative
Summarize NM v Pedro Calvillo in paragraph format.
Main point:
Per the NM constitution, a felony arrest must be made on exigency or a warrant. Probable cause alone alone is not sufficient.
List the warrantless search exceptions:
C.H.E.A.P. S.O.A.P.
Consent
Hot pursuit
Exigent circumstances
Aerial surveillance
Plain view
Search incident to arrest
Open spaces
Abandoned property
Public places
