Con Mid Terms Flashcards
What is the definition of Arrest?
The taking under real or assumed authority, custody of another person for the purpose of holding him to answer to a criminal charge, or to prevent harm to himself or others.
Define Crime.
An act committed or omitted in violation of public law, either forbidding or commanding it to be done.
What distinguishes a Felony from a Misdemeanor?
A felony is any crime punishable by death or imprisonment in the state prison, while a misdemeanor is any crime less than a felony.
What is Probable Cause?
That level of proof that is more than reasonable suspicion, yet less than proof beyond a reasonable doubt.
What is meant by Probable Cause to Arrest?
That level of proof, based on facts sufficiently strong in themselves, to cause a reasonable and prudent person to believe that the accused committed the crime with which he is charged.
Define Search.
Implies a quest or examination. A prying into hidden places for that which is concealed.
What is a Seizure?
A forceful taking or dispossession of property of another, not accompanied by a search.
What does Frisk refer to?
The patting down of the outer clothing of a person, or area under control, to determine by sense of touch, the presence of a weapon.
What is Reasonable Suspicion?
That level of proof that is less than probable cause but more than mere suspicion.
What constitutes Unlawful Design?
That a suspect has committed, is committing, or is about to commit a crime.
What are the components of the 1st Amendment?
SPAR: Speech, Press, Assembly, Religion.
What is considered Speech NOT protected under the 1st Amendment?
- Fighting Words
- Speech Plus
What defines an Unlawful Assembly?
- 5 or more people armed
- 10 or more people armed or not
- AND unlawfully, riotously, or tumultuously assembled
How can Assembly be regulated?
Time, Place, Manner.
What does the 4th Amendment prohibit?
Unreasonable searches and seizures by government.
What are the Levels of Proof in the legal system?
- Proof Beyond a Reasonable Doubt → Guilty in Court Conviction
- Probable Cause → Arrest/Search
- Reasonable Suspicion → Stop/Threshold Inquiry
- Mere Suspicion → Observe/Investigate
What is the definition of Reasonable Suspicion in law enforcement?
‘Specific and articulable facts’ which, when taken together, would convince a person of reasonable caution to believe that a person has committed, is committing, or is about to commit a crime.
What is the difference between Reasonable Suspicion and Probable Cause?
The DEGREE OF CERTAINTY.
What is the Collective Knowledge Doctrine?
The knowledge of one is the knowledge of all.
What constitutes a Voluntary Encounter?
Can approach citizens to talk/ask questions as long as they feel they are free to leave; cannot compel cooperation, or seize a person without justification.
What is a Threshold Inquiry?
Also known as ‘Investigative Stop’, requires a reasonable amount of time.
What is the Exclusionary Rule?
Created to remedy violations of the 4th amendment; evidence obtained after an unlawful stop will be thrown out in court.
What does ‘Fruit of the Poisonous Tree’ refer to?
Evidence obtained as a result of a violation of the 4th amendment.
What are the requirements to invoke the Exclusionary Rule?
- Government action (police)
- Standing (violation)
- Katz test (does the person have expectation of privacy)
What is a Frisk intended for?
To feel by sense of touch the presence of a weapon.
What factors constitute Frisk Factors?
- Crime under investigation
- Environment and Time
- Suspects Background
- Suspect’s behavior
- Observing possible weapon
- Failing to obey commands
What is the scope of a Motor Vehicle Frisk?
The frisk extends to areas where the suspect realistically had, has, or will have access to a weapon.
What is required for a K-9 request?
Need a minimum of Reasonable Suspicion to request for canine sniff; K-9 alerts = Probable Cause to search.
What is an Arrest Warrant?
Command police to take the named into custody and bring them before the court.
What are the elements required for a lawful Arrest?
- Probable Cause
- Arrestable Offense
- Jurisdiction
What is the Aguilar-Spinelli test?
A two-prong test assessing Reliability and Basis of Knowledge.
Veracity
Basis of Knowledge
What are the categories of seizable evidence?
- Contraband
- Instrumentalities
- Fruits of the crime
- Living person on whom there’s an outstanding arrest warrant
- Dead Human Body
What are the exceptions to warrantless searches?
- Consent
- Abandonment
- Incident to Lawful Arrest
- Booking Search
- Exigent Circumstances
What factors must be present for a valid Consent?
- Voluntary
- Intelligent
- Knowingly
What is the scope of a Search Warrant?
The location to be searched.
What does ‘Curtilage’ refer to?
The area around a dwelling normally associated with domestic use.
What is the purpose of a Booking Search/Inventory?
- Protect owner’s property
- Prevent false claims
- Prevent suicide
- Aid in identification
What are the 4 Major Motor Vehicle Searches?
- Motor Vehicle Search Incident to Lawful Arrest
- Motor Vehicle Inventory Search
- Motor Vehicle Exception Search
What is a No Knock warrant?
Can only be issued by a judge; need prior information that a person is armed and dangerous.
What are the 4 reasons for an Exit Order?
- Officer Safety
- Police Function
- Community caretaker
- Reasonable Suspicion of a crime
Deadly force on fleeing felon Suspect threatens
Police may use deadly fore on fleeing felon
Suspect threatens officer with weapon or probable cause to believe suspect has committed crime involving the infliction or threatened infliction of serious injury
deadly force is necessary to prevent escape
Where feasible some warning was given
Deadly Force
Intended to or will likely cause death or serious bodily injury
Non deadly force
Not intended or likely to cause death or serious bodily injury
Use of force
The use of physical force by police is a seizure under the 4th amendment
True / False You can stop a car for traffic violation regardless of what your move is
True
