Chapter 2 Flashcards by Tyler P

Seizing property as evidence is an example of:

a. Substantive law
b. Processing law
c. Criminal procedural law
d. Civil law

C: Criminal Procedural Law

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In determining whether a crime has been committed, officers must consider:

a. Substantive criminal law
b. Criminal procedural law
c. Civil law
d. Processing law

A: Substantive Criminal Law

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Written legal codes are:

a. Procedures
b. Policies
c. Statutes
d. Bylaws

C: Statutes

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Corpus delicti stands for:

a. Body of the investigation
b. Body of the crime
c. Intent
d. Mental mindset

B: Body of the CRIME

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Elements of the crime are outlined by:

a. Civil law
b. Criminal law
c. Bylaws
d. Policies

B: Criminal Law

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Actus reus represents the:

a. Intent
b. Act
c. Mindset
d. Determination

B :Act

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Mens rea represents the:

a. Mental state
b. Act
c. Determination
d. Contact

A: Mental State

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In traffic violations, only the act itself is required to imply guilt. This is known as:

a. Tort
b. Limited liability
c. Vicarious liability
d. Strict liability

D: Strict Liability

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Both reasonable suspicion and probable cause are established through a legal procedure
known as:
a. Tort
b. Vicarious liability
c. Totality of circumstances
d. Mens rea

c. Totality of circumstances

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Two of the most important legal standards applied to investigators pursuing evidence or
attempting to provide legal proof of a crime are reasonable suspicion and:
a. Totality of circumstances
b. Limited liability
c. Probable cause
d. Articulable suspicion

c. Probable Cause

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Reasonable suspicion exists when a particular situation would lead an officer to suspect that a
crime is being committed or:
a. Is about to be committed
b. Has already taken place
c. Both of the above
d. None of the above

C: Both of the above

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The written portion of a warrant is called the:

a. Search criteria
b. Exclusion
c. Affidavit
d. Request

C: Affidavit

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To justify the need for a warrant, the officer must prepare a:

a. Statement of probable cause
b. Statement of suggestion
c. Statement of suspicion
d. Statement of execution cause

A. Statement of Probable Cause

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A warrant is generally served as a(n):

a. Knock warrant
b. No knock warrant
c. Probable cause warrant
d. Entry warrant

A. Knock Warrant

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After the search warrant has been executed, the investigator must prepare a search warrant:

a. Execution
b. Statement
c. Return
d. Completion

C. Return

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A search warrant that is executed without knocking is considered to be:

a. Surprise
b. Impact
c. Immediate
d. Release

A. Surprise

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This case was recognized when child pornography was legally seized as evidence upon the
delivery of illegal contraband.
a. U.S. v. Weeks
b. U.S. v. Grant
c. U.S. v. Grubbs
d. U.S. v. Mapp

C. U.S. v Grubbs (by way of ANTICIPATORY warrant)

This case focused on the imminent threat to public safety by dangerous instrumentalities or
hazards:
a. People v. Grubbs
b. People v. Duncan
c. People v. Ohio
d. People v. Strongthorne

b. People v. Duncan

- listed under exigent circumstances for warrantless searches

Legal scholar Herbert Packer suggests that the American legal system is like a political
pendulum, constantly swinging to the left to preserve the legal rights of persons accused of
crimes, and to the right to neglect these same rights in an effort to arrest as many criminals as
possible.
a. True
b. False

A; True

Laws that govern proper procedures for investigators in arresting suspects, searching crime
scenes, and seizing property as evidence are referred to as substantive criminal laws.
a. True
b. False

a. True

In some instances, where actual physical evidence does not exist, the corpus delicti of a crime
can be established by examining the circumstances surrounding the alleged criminal incident.
a. True
b. False

A. True

A mens rea requirement can be satisfied by either performing an act or failing to act when
legally required to do so.
a. True
b. False

B. False (that would be Actus Reus)

- Mens Rea must show the suspect’s mental state

Even with a medical emergency or a crime in progress, it is always a good idea to obtain a
warrant before conducting any type of search for criminal evidence.
a. True
b. False

B. False

To justify the need for the warrant, the investigator must prepare a statement of probable
cause, outlining all the factual circumstances supporting the officer’s belief that the person,
place, or thing that is the target of the intended search is somehow related to a specific criminal
activity.
a. True
b. False

A. True

A sneak and peak warrant is used when there is probable cause to believe that potential criminal evidence is on a sure course to a specific destination and will arrive at a specified date and time. a. True xvi b. False

B: False - This is called an Anticipatory warrant - Sneak and peek just lets you enter private property and search for, but not seize ...

If evidence is obtained without a warrant and it is later determined that the evidence eventually would have been discovered as the result of a legal ongoing search, such evidence can be used in court against an accused suspect under the exclusionary rule. a. True b. False

B: False | - This type of evidence can be used in court under the rule of "Inevitable discovery"

The judge’s role in trial proceedings is to ensure that the law is properly applied during the trial—a role referred to as the trier of law. a. True b. False

A. True

To keep a detention out of the realm of Fourth Amendment protections, the officer’s words and actions must not implicitly or explicitly restrict a person’s freedom. a. True b. False

B. False | - To keep a CONSENSUAL ENCOUNTER out of the realm....(the rest of the statement is true)

Circumstantial evidence includes tangible objects—both visible and microscopic—as well as anything that can be perceived by the senses. a. True b. False

B. False - This is "Physical/real evidence" - Circumstantial evd is anything that provides indirect proof a suspect's guilt (so could also be true under this)

Elements of a crime are outlined by ________________ law.

Criminal

The mental desire for the act to produce a specific outcome is an example of a __________ mental state.

Purposeful

_________ is a mental state of awareness that an act most likely will produce a specific outcome.

Knowing

Committing an act while disregarding its potential to produce a specific outcome is recognized as __________.

Reckless

Committing an act while failing to foresee its potential to produce a specific outcome is considered ________________.

Negligent

When an act itself implies guilt, this is known as ________ liability offenses.

Strict

Coercion or trickery on the part of an officer to gain consent is also referred to as ________

deceptive consent

The written portion of a warrant is the _____________.

affidavit

Name the situations in which warrantless | searches are legal and authorized.

Voluntary consent to search provided by the suspect, exigent circumstances, stop and frisk searches, search incident to arrest, and special circumstances.

Emergency warrantless searches can occur by police under certain conditions. Name a minimum of three instances where an emergency search is acceptable.

Imminent threats of death/serious bodily injury, property damage, destruction of evidence, hot pursuit, public safety threat, and/or preventing the escape after lawfully attempting got detain or arrest while the suspect is in a public place.

You are an officer and in the course of your job, you enter a residence and observe what appears to be crack cocaine lying on a table. In order to legally apply the plain view doctrine, what should you be considering?

It must be immediately apparent that the item is illegal, items cannot be moved in order to create plain view, technology has not enhanced the officers ability to conduct a plain view observation, it must have happened without trickery or deception of suspects, and must be founded on probable cause to believe that the items are being, were, or are about to be used in the commission of a crime.

Who is a trier of fact?

- The Jury, (evaluate the adequacy of of evidence relative to the fact)

Who is a trier of law?

- The Judge (ensure that the law is properly applied)