Class Notes pt. 2 Flashcards
_______ _____ and _____ _____ don’t apply to the state
excessive bail
grand jury
True or False: Search & Seizures only apply to government figures
True
A ________ complies with the 6th Amendment
complaint
There is a short time limit between _______ and _______ _________
arrest
initial appearance
In a preliminary hearing, the _____ decides probable cause.
judge
In Grand Jury Indictment the _____ ______ decides proabale cause.
grand jury
Preliminary Hearing leads to ___________.
Grand Jury Indictment leads to __________.
Information
Indictment
What happens during the “bound over” period of a trial?
- initial appearance/arraignment
- plea guilty/ not guilty
- invoke/wave speedy trial
What happens during the trial prep period of a trial?
- pretrial motion-> search & seizures issues/evidence
- discovery
- investigation
A jury has to be __ people when it’s a capital murder cause, otherwise it’s __ people
12
6
True or False: Juvenile proceedings have a right to a jury trial
False; Juvenile proceedings have no right to a jury trial
What are the 2 types of challenges?
1) cause- no limit
2) peremptory- limit
What is a Batson challenge?
defense- 10
prosecution- 6
True or False: There is a definite time when it comes to stopping
False; the timing of stopping is gray
True or False: Most unreasonable Terry stops are followed with complaint
False; Most unreasonable Terry stops aren’t followed with complaint
List levels of certainty from highest to lowest.
1) Absolute Certainty
2) Proof Beyond A Reasonable Doubt
3) Probable Cause
4) Reasonable Suspicion
Saying I want my lawyer, protecting you from speaking to an officer, falls under what amendment?
5th Amendment
_______ ______= more likely than not
Probable Cause
_________ ________ can lead to a search
Reasonable Suspicion
_______ _________, get to search most items confiscated
impound inventory
_____ _____ is the exception when searching/probable cause
Plain view
When an arrest occurs you have ___ hours for probable cause to be proven
48
A judge makes proabale cause based off of a ______ _____
police report
_______ ___ _______, telling the judge the did something wrong. Therefore, you must suppress whatever you want suppresssed (searches)
Motion to suppress
__________ _________ (___) is commonly used for drug busts
Confidential Informant (CI)
In _________ v _____, even if anonymous if they talk about futer events it’s legal to search
Alabama v. White
A person can be detained and questioned due to __________ __________
reasonable suspicion
List the levels of certainty from highest to lowest.
1) absolute certainity
2) beyond reasonable doubt
3) probable cause
4) preponderance of the evidence
5) reasonable suspicion
6) hunch
Which levels of certainty are not used in court?
absolute certainity
hunch
What level of certainty does a criminal trial require?
beyond reasonable doubt
What level of certainty does an arrest require?
probable cause
What level of certainty does a warrant require?
probable cause
What level of certainty do searches require?
probable cause
What level of certainty does civil trial require?
preponderance of the evidence
What level of certainty does stop and frisk require?
reasonable suspicion
True or False: You’re going to have to use your own time and money filing a lawsuit against a police department in a civil case
True
The exclusionary rule was created by the ________ ______
Supreme Court
What is the main purpose of the exclusionary rule?
to deter police misconduct
Some arguments against the exclusionary rule?
cases can get thrown out as a result
