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Academy Week 1 > Arrests, Investigative Detention, Evidence > Flashcards

Arrests, Investigative Detention, Evidence Flashcards

1
Q

Define arrest

A

taking or keeping of a person in custody by legal authority in response to a criminal charge… apprehension for the purpose of securing the administration of law (IE getting them to court)

Arrest is related to 4th Amendment seizure

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2
Q

Arrest involves 3 factors…

A
  • authority to arrest
  • assertion of that authority with the intent to arrest
  • restraint of the person being arrested
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3
Q

How far out of their jurisdiction can officers arrest someone?

A

City cops can arrest anywhere in their county or 3-miles from their city limits.

Deputies can arrest anywhere in their county or neighboring counties.

States with “similar” laws may allow officers from other states to arrest in them (only theft and violent crime cases)

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4
Q

Officers outside their jurisdiction have what arrest authority?

A

off duty… citizen’s arrest

on duty, responding to a call… full authority

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5
Q

It is unlawful and a felony for an officer conducting an arrest not to:

A

Always identify yourself and your agency.

  1. answer questions about why they are making the arrest
  2. answer those questions untruthfully
  3. arrest for illegal reasons
  4. not explain the precept of virtue for why the arrest is occurring

FELONY, MAY BE CHARGED WITH UP TO 10 YEARS IN PRISON.

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6
Q

Arresting foreign nationals

A

If their country has a mandatory consulatory notification, notify that consulate of the arrest within 24-72 hours.

If it’s upon request, ask them if they want you to notify their consulate.

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7
Q

When suspecting a freshly committed crime, who may break and enter homes without a warrant in their county or another county?

A

ONLY SHERIFF’S DEPUTIES

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8
Q

Probable Cause for Arrest

A

You must have probable cause… also, if the suspect provides additional information (IE an alibi) that can be easily verified, you must consider that information. It may reduce or remove your probable cause.

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9
Q

Arrests with a Warrant

A
  • Routine Felony Arrest… must have a warrant to non-consensually enter suspect’s home
  • If arresting someone in a house that is not theirs, you need a search warrant in addition to your arrest warrant
  • A misdemeanor requires an arrest warrant UNLESS the officer witnessed the crime or arrived on the scene and found evidence of the “freshly committed crime”
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10
Q

When can you make a felony arrest without a warrant?

A
  • witnessed the crime
  • arrest can be made in a public place even if there has been sufficient time to obtain a warrant after obtaining probable cause
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11
Q

Warrantless arrest exceptions

A
  • search incident to arrest
  • hot pursuit (felony)
  • stop and frisk
  • automobile stop
  • plain view
  • consent
  • abandonment
  • exigent (totality of circumstances provide an ongoing need for law enforcement to enter a home to protect life, stop destruction of felony evidence, or apprehend a dangerous subject.)
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12
Q

If you arrest someone without a warrant, you will need a charging document as soon as possible…

A
  • Get a ticket

- Get a warrant

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13
Q

Offenses that can go on a blue ticket

A

traffic offenses, misdemeanors… public disorderly, littering, trespassing, DV 2 and 3, shoplifting… any misdemeanors covered by magistrate or municipal court that happened in your presence or were freshly committed

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14
Q

What is the main defense against illegal arrest/search/seizure?

A

The exclusionary rule

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15
Q

DNA Collection

A

SC collects DNA for anyone following a lawful arrest, service of a courtesy summons, or direct indictment for a felony punishable by 5+ years or eavesdropping/peeping/stalking (unless dealing with a juvenile)

Adults get DNA collected at the jail during arrest… juveniles get it at time of conviction

Anyone can get court-ordered to have their DNA collected.

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16
Q

Define Investigative Detention

A

temporary restraint of a person’s freedom to walk away when they are suspected of criminal activity

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17
Q 
Investigative detention is a what?
Protective frisk (Terry) is a what?
A 
Detention = seizure
frisk = search

Either way, you need objectively reasonable probable cause under the 4th Amendment

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18
Q

What do you need to formulate reasonable suspicion?

A

You must have SPECIFIC AND ARTICULATABLE FACTS that warrant suspicion

The totality of circumstances test is still used to analyze reasonable suspicion, just as it is with probable cause.

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19
Q

Factors that may be used to help establish reasonable suspicion…

A
  • personal knowledge and experience of the officer
  • suspicious conduct/demeanor of the suspect
  • furtive moves
  • attempts to flee
  • time and place
  • nighttime
  • high crime areas… use statistics
  • near the scene of a crime
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20
Q

What standard must your sources of information meet?

A

They must meet a standard of reliability sufficient to meet the Terry standard of SPECIFIC AND ARTICULATABLE FACTS

21
Q

Factors for conducting a Terry frisk

A
  • must be a lawful stop (reasonable suspicion at minimum)
  • must have reasonable suspicion that they are armed and dangerous
  • SEARCH IS ONLY FOR WEAPONS
22
Q

Things to consider when articulating your justification for a Terry frisk

A
  • type of crime involved
  • reputation of person detained
  • time and place of stop
  • sudden movements
  • bulge in the suspect’s pockets
23
Q

Areas/things that are subject to a Terry frisk

A
  • body/clothes
  • handheld items
  • cars
24
Q

Reasons you might move the site of detention during a lawful stop

A

You can move a short distance for safety…

  • afford better lighting
  • allow you to use your car radio
  • prevent a traffic hazard
  • avoid a hostile crowd
25
Q

Discuss trials before modern law

A

No rules… proof of guilt/innocence depended on Divine intervention/act of God… trial by combat/trial by fire/trial by ordeal

26
Q

What is the purpose and construction of the rules of evidence?

A
  • secure fairness in administration
  • eliminate unjustifiable expense and delay
  • promote growth and development of the law of evidence so that the truth may be ascertained and proceedings justly determined
27
Q

Terms related to evidence

A
  • Evidence = any species of proof, or probative matter, legally presented at the trial of an issue
  • Proof = the effect of evidence, the establishment of a fact by evidence
  • Burden of proof = the necessity of proving this lies on the state… must prove all elements of a crime
  • Presumption = conclusion derived from a particular set of facts based on law, rather than probable reasoning
  • Inference = an act of reasoning from factual knowledge or evidence
  • Direct Evidence = evidence that directly proves a fact
  • Circumstantial Evidence = indirect evidence, tends to establish the fact in dispute by proving another fact
  • Judicial notice = cognizance of certain facts… facts that are established and will not be argued
28
Q

Three basic rules that establish competency for a witness

A
  1. Must have observed the offense (first-hand knowledge)
  2. must have ability to recall/recount/remember offense
  3. must understand the significance of the oath
29
Q

In order for evidence to be admissible in court, it must be…

A

relevant, material, and have probative value

30
Q

What does relevant evidence do?

A

has the tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without that evidence

31
Q

Reasons that relevant evidence may be excluded

A

May be excluded if:

  • it’s probative value is substantially outweighed by the danger of unfair prejudice
  • may cause confusion of the issues or misleading of the jury
  • may cause undue delay, waste of time, or needless presentation of cumulative evidence
32
Q

Discuss admissibility and weight of evidence

Also Discuss determination of competency and credibility of witnesses

A

The judge decides if evidence is admissible, while the jury (triers of fact) determine the weight of the evidence

The judge determines competency of a witness, and the jury determines their credibility.

33
Q

When can evidence of character, conduct, and bias of a witness be used in court?

A

CAN ONLY BE ATTACKED DURING CROSS EXAMINATION.

All three can be used to attack a witness’s reputation in an attempt to hurt their credibility or impeach their testimony

34
Q

How can a witness be impeached by evidence of conviction of a crime?

A

If:

  • evidence is submitted that a witness has been convicted of a crime punishable by death or over a year in prison
  • evidence is submitted that a witness has been convicted of a crime involving dishonesty or false statement, regardless of the punishment
  • Even if there was a plea deal/nolo contendere, the witness is still impeached.

There is a 10-year (remote conviction) time limit on these conditions… THE ONLY WAY EVIDENCE WILL BE ADMISSIBLE IS IF THE COURT DECIDES THAT THE PROBATIVE VALUE OF THE EVIDENCE OUTWEIGHS ITS PREJUDICIAL EFFECT.

35
Q

Define direct examination

A

usual method of examining witnesses by oral questioning after swearing them into open court… (question and answer, narrative form)

36
Q

Define cross examination

A

the principal means by which believability of a witness and the truth of his testimony are tested… probes his firsthand knowledge and ability to recall/recount.

  • constitutional right under the 6th Amendment
  • one of the strongest safeguards to accuracy
  • USE LEADING QUESTIONS!
37
Q

Requirements for an expert witness

A

may provide scientific, technical, or other specialized knowledge that will assist the trier of fact to understand the evidence or to determine a crime… act as a qualified expert by knowledge, skill, experience, training, or education and CAN TESTIFY IN THE FORM OF OPINION OR OTHERWISE

38
Q

In what form can ordinary witnesses testify?

A

in the form of fact alone… only expert witnesses can express opinion

39
Q

Define “hearsay”

A

a statement, other than the one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.

40
Q

What makes something hearsay?

A

IT IS OFFERED TO PROVE THE TRUTH OF THE MATTER ASSERTED

41
Q

Hearsay is not admissible or considered fitting for a competent witness because it fails on the following three counts:

A
  1. There is no oath
  2. there is no opportunity for the other party to cross-examine the declarant
  3. there is no opportunity to observe or to probe the declarant’s ability to recall/recount
42
Q

Statements that are not hearsay

A
  • admission of a party-opponent or confession
  • an oral or written statement if it is offered against a party and is the party’s own statement (self-incrimination)
  • defendant’s confession
  • some prior statements by witnesses
43
Q

Exceptions to the hearsay rule

A
  1. Present sense impression
  2. Excited utterance
  3. Recorded recollection
  4. Public records/business records
  5. Reputation as to character
  6. Dying declaration
  7. Former testimony
44
Q

Purpose of testimonial privilege

A

As applied to the rules of evidence, this means the right to have certain matters barred from disclosure… certain classes of persons, standing in particular relationships of trust and confidence towards each other, an exemption or immunity against divulging, either by themselves or by others as witnesses, confidential communications that have passed between them.

45
Q

Types of Testimonial Privilege

A
  • lawyer and client
  • public safety employee and peer-support team (some exceptions exist)
  • spousal (does not apply to child abuse/neglect/child death/criminal sexual conduct)
  • confessor and priest (if disclosed in professional capacity)
  • state and informant
  • self-incrimination (5th Amendment)
  • newsperson and source
46
Q

When must the State and defendant disclose evidence?

A
  • The prosecution (IE the State) must disclose any info it has that is favorable to the defendant is and material to guilt or to sentencing (failure to do so is a violation of the defendant’s due process)
  • The defendant
47
Q

Define “favorable” and “material” evidence

A

Favorable = suggests the defendant’s innocence or impeaches the credibility of the State’s evidence

Material = could lead the jury to form reasonable doubt

48
Q

Procedure if evidence in the possession of the State is lost or destroyed

A

After acknowledgment that this happened, there must be a due process hearing to determine:

  1. whether the evidence was favorable to the defendant.
  2. the likelihood that the defendant was or will be significantly prejudiced by the absence of this evidence.
  3. the level of government culpability

The court must then rule on this due process question.

Academy Week 1 (7 decks)

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