Class Notes pt. 2

Question 1

_______ _____ and _____ _____ don’t apply to the state

Answer 1

excessive bail

grand jury

Question 2

True or False: Search & Seizures only apply to government figures

Answer 2

True

Question 3

A ________ complies with the 6th Amendment

Answer 3

complaint

Question 4

There is a short time limit between _______ and _______ _________

Answer 4

arrest

initial appearance

Question 5

In a preliminary hearing, the _____ decides probable cause.

Answer 5

judge

Question 6

In Grand Jury Indictment the _____ ______ decides proabale cause.

Answer 6

grand jury

Question 7

Preliminary Hearing leads to ___________.

Grand Jury Indictment leads to __________.

Answer 7

Information

Indictment

Question 8

What happens during the “bound over” period of a trial?

Answer 8

• initial appearance/arraignment
• plea guilty/ not guilty
• invoke/wave speedy trial

Question 9

What happens during the trial prep period of a trial?

Answer 9

• pretrial motion-> search & seizures issues/evidence
• discovery
• investigation

Question 10

A jury has to be __ people when it’s a capital murder cause, otherwise it’s __ people

Answer 10

12

6

Question 11

True or False: Juvenile proceedings have a right to a jury trial

Answer 11

False; Juvenile proceedings have no right to a jury trial

Question 12

What are the 2 types of challenges?

Answer 12

1) cause- no limit

2) peremptory- limit

Question 13

What is a Batson challenge?

Answer 13

defense- 10

prosecution- 6

Question 14

True or False: There is a definite time when it comes to stopping

Answer 14

False; the timing of stopping is gray

Question 15

True or False: Most unreasonable Terry stops are followed with complaint

Answer 15

False; Most unreasonable Terry stops aren’t followed with complaint

Question 16

List levels of certainty from highest to lowest.

Answer 16

1) Absolute Certainty
2) Proof Beyond A Reasonable Doubt
3) Probable Cause
4) Reasonable Suspicion

Question 17

Saying I want my lawyer, protecting you from speaking to an officer, falls under what amendment?

Answer 17

5th Amendment

Question 18

_______ ______= more likely than not

Answer 18

Probable Cause

Question 19

_________ ________ can lead to a search

Answer 19

Reasonable Suspicion

Question 20

_______ _________, get to search most items confiscated

Answer 20

impound inventory

Question 21

_____ _____ is the exception when searching/probable cause

Answer 21

Plain view

Question 22

When an arrest occurs you have ___ hours for probable cause to be proven

Answer 22

48

Question 23

A judge makes proabale cause based off of a ______ _____

Answer 23

police report

Question 24

_______ ___ _______, telling the judge the did something wrong. Therefore, you must suppress whatever you want suppresssed (searches)

Answer 24

Motion to suppress

Question 25

__________ _________ (___) is commonly used for drug busts

Answer 25

Confidential Informant (CI)

Question 26

In _________ v _____, even if anonymous if they talk about futer events it’s legal to search

Answer 26

Alabama v. White

Question 27

A person can be detained and questioned due to __________ __________

Answer 27

reasonable suspicion

Question 28

List the levels of certainty from highest to lowest.

Answer 28

1) absolute certainity
2) beyond reasonable doubt
3) probable cause
4) preponderance of the evidence
5) reasonable suspicion
6) hunch

Question 29

Which levels of certainty are not used in court?

Answer 29

absolute certainity

hunch

Question 30

What level of certainty does a criminal trial require?

Answer 30

beyond reasonable doubt

Question 31

What level of certainty does an arrest require?

Answer 31

probable cause

Question 32

What level of certainty does a warrant require?

Answer 32

probable cause

Question 33

What level of certainty do searches require?

Answer 33

probable cause

Question 34

What level of certainty does civil trial require?

Answer 34

preponderance of the evidence

Question 35

What level of certainty does stop and frisk require?

Answer 35

reasonable suspicion

Question 36

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

Answer 36

True

Question 37

The exclusionary rule was created by the ________ ______

Answer 37

Supreme Court

Question 38

What is the main purpose of the exclusionary rule?

Answer 38

to deter police misconduct

Question 39

Some arguments against the exclusionary rule?

Answer 39

cases can get thrown out as a result