CPOLS Criminal Flashcards

1
Q

Arraignment

The purpose of the arraignment is: ____________________________?

A
  1. Advise the defendant of the charges (complaint) against him and of his right to attorney
  2. Determine the defendant’s plea
  3. Set bond or release on OR
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2
Q

Every person arrested pursuant to a warrant shall be taken to a magistrate for arraignment within how many hours?

A

48 hours

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3
Q

If a defendant is placed on a parole hold on an unrelated matter does the 48 hour rule apply?

A

No

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4
Q

For warrantless arrests, the arrestee if not otherwise released shall be arraigned without _________________ but no 48 hour rule.

A

Without unnecessary delay

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5
Q

When must judicial determination of probable cause take place ____________

A

Not more than 48 hours after the suspects arrest, WITH NO EXCEPTIONS FOR WEEKENDS AND HOLIDAYS

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6
Q

A 16 hour delay between the arrest on a Vehicle Code violation and the probable cause determination effected solely for the purpose of investigating crimes unrelated to the arrest would be _____________________. (reasonable or unreasonable) under the Fourth Amendment and all evidence obtained during the ________________ post-arrest detention subject to exclusion.

A

Unreasonable /excluded

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7
Q
A
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