Arrests, Investigative Detention, Evidence

Question 1

Define arrest

Answer 1

The Taking or keeping a person in custody by legal authority, response to criminal charge.

Question 2

Arrests involve

Answer 2

Authority to arrest, assertion of that authority with effect an arrest, restraint of the person to be arrested.

Question 3

PC to arrest

Answer 3

Crime has been or is being committed, person to be arrested probably committed it.

Question 4

Requirements for warrant in felony and misdemeanor offenses

Answer 4

4th amendment prohibits warrantless and non consensual entry, must have PC to believe they are home.

Question 5

Requirements for a warrantless arrest and exceptions to the warrant requirement

Answer 5

Public place without warrant, after PC is developed.
Hot pursuit, exigent circumstances (serious in nature)
Not arrest able without warrant if outside of officer view.

Question 6

Appropriate charging document in a criminal charge

Answer 6

Uniform traffic ticket (blue)

Arrests for traffic offenses, misdemeanors committed in OFC presence.

Question 7

Use of force limitations in arrest situations

Answer 7

Persons should be aware of identity and intent of AO.

Question 8

How does illegal arrest affect a conviction

Answer 8

Violates the 4th, will not be overturned on basis of illegal arrest alone. Had to show constitutional violation deprived him of a fair trial.

Question 9

When DNA sample can be collected.

Answer 9

Felony arrest and offense is punishable by sentence of 5 yr or more,
Eavesdropping peeping stalking
Juveniles, only upon conviction

Question 10

Concept of investigative detention

Answer 10

Temporary restraint of a persons freedom to walk away, persons is suspected of being involved in criminal activity.
Stop and is a seizure under 4th.

Question 11

Identify that both the stop and frisk must meet the standard for reasonableness

Answer 11

Stop and frisk are both separate
Stop/reasonable suspicion or PC
Frisk/nature of crime committed, suspected of committing, reasonably suspect they are armed.

Question 12

Sources to establish reasonable suspicion

Answer 12

Personal observation of officer
Information from victims and witnesses,
Information for LE officers.

Question 13

Facts and factors used to justify “terry stop” and a “terry Frisk”

Answer 13

Type of crime involved
Reputation of person detained
Time and place of stop
Sudden movement
Bulge in the suspects pocket.

Question 14

Separate standard for a terry frisk and the threshold requirements

Answer 14

Lawful stop, reasonable suspicion 
Type of crime involved
Reputation person detained
Bulge suspect pocket
Weapons only
Outer clothing

Question 15

Problems and limitations including site of detention, duration and use of force in a terry stop

Answer 15

Move for safety, lighting purposes, hostile crowd, use car radio.
Reasonable time
Reasonable force necessary found under circumstances, short of deadly force.

Question 16

Purpose of rules of evidence

Answer 16

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 justly determined.

Question 17

Evidence

Answer 17

Species of proof, probating matter, legally presented at the trial, witnesses, records, documents

Question 18

Proof

Answer 18

Effect of evidence, establishment of a fact by evidence

Question 19

Burden of proof

Answer 19

Duty of affirmatively proving a fact or facts in dispute on an issue raised in a cause

Question 20

Presumption

Answer 20

Conclusion derived facts based on law

Question 21

Inference

Answer 21

Act of reasoning from factual knowledge or evidence. A process of reasoning by which a fact sought to be established is inferred.

Question 22

Direct evidence

Answer 22

Proves fact, without resorting to inferences or presumptions

Question 23

Circumstantial Evidence

Answer 23

Indirect evidence, bearing on various circumstances from which a judge or jury can infer the occurrence of a fact.

Question 24

Judicial Notice

Answer 24

Facts or laws, not subject to reasonable dispute, which judges and jurors may properly take and act upon without proof.

Question 25

Three basic rules that establish competency for a witness and the difference between competency and credibility

Answer 25

First hand knowledge
Ability to recall and recount
Understand the significance of the oath

Competency court decides
Credibility is trier of fact (jury)

Question 26

Admissibility of evidence, meaning of relevant evidence, reasons relevant evidence may be excluded/suppressed at trial and the difference between admissibility and weight of evidence

Answer 26

Must be relevant (material, probative value),
Make it more or less probable with the evidence,
Danger of unfair prejudice, confusion and misleading jury, considerations of undue delay, waste of time, or needless presentation,
Admissibility is judge, weight is jury

Question 27

Identify when evidence of character, conduct and bias of a witness may be used.

Answer 27

Evidence may only refer to character for truthfulness, untruthfulness, only argue truthfulness after character has been attacked by opinion or reputation evidence or otherwise.

Question 28

how a witness can be impeached by evidence of conviction of a crime.

Answer 28

Crime punishable by death or 1 yr in prison, dishonesty or false statement
Evidence of conviction under this rule is not admissible if a period of 10 yrs has elapse since date of conviction or release from confinement.

Question 29

Method of direct examination

Answer 29

Oral questioning in open court (question answer, narrative form)

Question 30

Purpose and significance of cross-examination

Answer 30

Believability of witness and truth of testimony are tested.

Question 31

Requirements for an expert witness

Answer 31

Knowledge, skill, experience, training, or education on the matter.

Question 32

Type of testimony expert can present

Answer 32

Scientific, technical, or other specialized knowledge

Opinionated testimony

Question 33

Definition of hearsay, reasons excluding hearsay, a statement that is not hearsay under the rules and exception to the hearsay rule

Answer 33

Statement other than one made by the declaration while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.
1st hand knowledge, recall, recount, significance of oath.
Believe it to be true, could not or would not lie strong likelihood that it’s admissible in court

Question 34

Purpose and types or testimonial privileges recognized by the court

Answer 34

Certain matters being barred from disclosure

Lawyer/client, spousal, confessor and priest/state and informant/self-incrimination

Question 35

State and defendant must disclose evidence and appropriate procedure if evidence in possession of state is lost or destroyed

Answer 35

Prosecution must disclose any control or knowledge of favorable info about defendant and material. Info that suggests defendant is innocent or impeached states credibility.

Due process hearing, evidence is favorable to defendant, prejudiced by a sense of this evidence, level of government culpability.