Chapter 2 Flashcards

0
Q

This law changes much more rapidly than does the substantive criminal law. It deals with processes of arrest, search and seizure, interrogations, confessions, admissibility of evidence, and testifying in court.

A

The Procedural Law

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1
Q

Ingredients of Arrest

There are three essential ingredients of an arrest (3):

A

1) Intention
2) Authority
3) Custody

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2
Q

The form and contents (of fill-in-blank warrants) usually include:

A

1) The authority under which the warrant is issued (the name and state)
2) The person who is to execute the warrant ( generally addressed to any peace officer of the state)
3) The identity of the person to be arrested
4) The designation of the offense
5) The date, time, and place of the occurrence
6) the name of the victim
7) A description of the offense and how it occurred

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3
Q

Legal search and seizures can be made:

A

1) When a warrant has been issued
2) With consent
3) Incident to an arrest
4) Of a motor vehicle
5) When an emergency exists (exigent circumstances)
6) To conduct an inventory
7) Plain view seizures **
8) Stop and frisk encounters **

**Closely related “but can’t truly be called searches & seizures”

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