Con Mid Terms Flashcards
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.
Arrest
An act committed or omitted in violation of public law, either forbidding it, or commanding it to be done.
Crime
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.
51%
That level of proof that is more than reasonable suspicion, yet less than proof beyond the reasonable doubt.
Probable Cause
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
Probable Cause to Arrest
Implies a quest or examination. A prying into hidden places for that which is concealed.
Search
A forceful, taking or possession of property of another, not accompanied by search.
Seizure
The padding down of the outer clothing of a person, or area under his control, to determine by the sense of the touch, the presence of a weapon. In specific instances, may include in motor vehicle.
Frisk
That level of proof that is less than probable cause, but more than mere suspicion.
Reasonable Suspicion
That a suspect has committed, is committing, or is about to commit a crime
Unlawful Design
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 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 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 is the purpose of a Booking Search/Inventory?
- Protect owner’s property
- Prevent false claims
- Prevent suicide
- Aid in identification
What are the 3 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
True / False You can stop a car for traffic violation regardless of what your move is
True
That level of proof based on facts sufficiently strong in themselves to cause a reasonable person to believe seizable evidence is located in a particular place.
Probable Cause to Search
What are Reasonable suspicion factors
-known drug dealer
-criminal record
-young nice car
-hiding faces
-flight
Evidence that is obtained illegally will be suppressed at trial
Fruit of the poisonous tree
The immediate area surrounding a dwelling that generally includes driveways, gardens, deck, swimming pools, garages, and storage sheds
Curtilage
Court created rule to remedy violations of 4th amendment rights
Exclusionary rule
Scope of a protective search within the interior of a motor vehicle must be limited by and rationally connected to a safety concern about the particular area to be searched
Motor vehicle frisk
What is the purpose for a frisk?
For weapons
What do you need for reasonable suspicion?
Specific and articulable facts
When does the stop / seizure start?
Blue lights & sirens
Getting ID / Registration
Police Commands
How long can you detain someone?
For a reasonable amount of time
What can you do when you have mere suspicion/ hunch?
Observe/ investigate
What can you do when you have reasonable suspicion?
Stop/ threshold inquiry
What can you do when you have probable cause?
Arrest/ search
Beyond reasonable doubt
Guilty in court
5 Reliable sources for police
Known victims
Known witness
Other police officers
Declaration against penal interest
Good track record
Consent when provided willingly and without coercion, duress, threats, intimidation.
Voluntary
For consent to be valid, it must be ________ and __________.
Voluntary and clearly communicated
Plain View
(LIS)
*Lawful presence
*Inadvertance
*Seizable evidence
Two types of warrants
Straight Warrant (New)
Default Warrant (issued for not showing up to court)
If a K9 alerts the handler what you have?
Probable cause
Aguilar Spinelli, Two Prong Test
Veracity (person has to be identifiable, person can’t remain unanimous)
Basis of knowledge
For Exigent Circumstances you need _____ and ___________.
Probable cause to search and
- A reasonable likelihood of danger
- A reasonable likelihood of imminent removal or destruction of property
Commonwealth police can only make an arrest of a fugitive with an NCIC Warrant after conforming the out of state agency will ________.
What do you charge if so?
Extradite
Fugitive from justice
Motor Vehicle Search Incident to Arrest
-Weapons
-Need for escape
-Evidence of the crime for which the person is being arrested for
what are the two things you need for a Motor Vehicle Inventory Search
-Lawful custody of the motor vehicle
-Written department guidelines
Motor Vehicle Search Incident to Arrest
-Weapons
-Need for escape
-Evidence of the crime for which the person is being arrested for
Motor Vehicle Exception Search
-Probable cause
-Public way
Scope and Intensity=ENTIRE Vehicle
After a search warrant is issued how long do you have to conduct the search?
7 days
What do you need to search the curtilage of a dwelling?
Search warrant or Probable cause
To execute a search warrant, you must _________ and ___________.
Knock and announce and have a warrant in hand
What do you need for a no-knock warrant
Prior Judicial Authorization
What is the time for a nighttime search warrant
10pm-6am
Exceptions to warrantless arrest in private dwelling:
Fresh & continuous pursuit (chasing suspect and investigation continues)
Exigent Circumstances (like someone screaming for help)
Once the item on the search warrant is discovered…
The search ends.
Area to be searched
Scope
Where you may search within the scope
Intensity
Who issues search warrants?
-Superior Court Judge
-District Court Judge
-Superior Court Clerk Magistrate
-District Court Clerk Magistrate
Within ___ arrival to station must give phone call
Within 1 hour
Jenkin’s Hearing (Probable Cause)
24 hours
