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Criminal Digest > Criminal Digest > Flashcards

Criminal Digest Flashcards

1
Q

Upon encountering any dead human body or remains state law requires that the office of the chief medical examiner, be notified _________

A

Immediately, they are available 24 hours a day

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2
Q

Arrest definition. It is generally recognized that an arrest is the taking, seizing or detaining of the person of another by: (1) ___ (2) ___(3) ____

A

(1) by touching, or putting hands on him (2) or by any act, that indicates an intention to take him into custody, and that subjects him to the actual control, and will of the person making the arrest (3) by the consent of the person being arrested
(1) Touching
(2) Intention
(3) Consent TIC

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3
Q

What court case defines arrest? What year?

A

Bouldin Vs State.
1976

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4
Q

Can officers render assistance to another police officer outside of their jurisdiction?

A

Yes
Page 9

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5
Q

Can officers enforce Maryland vehicle law outside of their jurisdiction?

A

No, unless the officer is acting under a mutual aid agreement
Page 9

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6
Q

If an emergency exists can police officers go outside of their jurisdiction?

A

Yes
Page 9

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7
Q

Can officers go outside their jurisdiction, if maintaining fresh pursuit?

A

Yes
Page 9

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8
Q

Warrantless arrest. A police officer without a warrant, may arrest a person if the Ofc has probable cause to believe that the person committed a crime, and that unless the person is arrested immediately the person: (1) ___ (2) ___ (3)___

A

(1) May not be apprehended, or
(2) May cause physical injury or property damage to another, or
(3) May tamper with, dispose of, or destroy evidence.
Page 13

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9
Q

Warrantless arrest crimes (12)

A

1- manslaughter by vehicle or vessel
2-malicious burning, or an attempt
3-malicious mischief, or attempt
4- theft, less than 1500, or attempt
5- false alarm of fire
6- indecent exposure
7- CDS, title 5, or attempt
8- wearing carrying or transporting of a handgun
9- carrying or wearing a concealed weapon
10-prostitution
11-violation of a condition of pretrial or post trial release
12- domestic abuse
(13)

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10
Q

Officers can arrest a person for domestic abuse as long as it’s reported within _____

A

48 hours of incident
Page 13

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11
Q

Officers may arrest a person for domestic abuse, if the person battered the persons, spouse, or another person with whom the person resides, and if there’s evidence of physical injury, and, unless the person is arrested immediately the person: (1)___ (2) __ (3)___

A

(1) may not be apprehended or
(2) may cause physical injury or property damage to another or
(3) may tamper with dispose of or destroy evidence

The report must be made within 48 hours

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12
Q

If a mutual domestic related assault occurs do officers have to arrest both people?

A

No, we have discretion. We can try to determine who was the primary aggressor, and whether one person acted in self-defense.

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13
Q

Can officers arrest someone who is in violation of a protective order?

A

Yes

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14
Q

Stalking. An officer can make a warrantless arrest for stalkingif the victim has credible evidence other than their statements of the alleged stalking to support the probable cause, AND..

A

The officer has a reason to believe the stalking victim or another person is in danger of eminent, bodily harm or death

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15
Q

Stalking. An officer can make a warrantless arrest for stalking if the victim has credible evidence other than their statements of the alleged stalking to support the probable cause, AND..

A

The officer has a reason to believe the stalking victim or another person is in danger of eminent, bodily harm or death

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16
Q

After serving an arrest warrant, the officer must take the defendant before a judicial officer without unnecessary delay. District Court- within ___, Circuit Ct ____

A

District- 24 hours
Circuit- no later than the next court session after arrest
Page 15

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17
Q

After serving an arrest warrant, the return of service must be made ____

A

Promptly

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18
Q

What is a retake warrant?

A

A retake warrant is issued for the apprehension of an escapee
Page 16

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19
Q

What are the two elements of fresh pursuit?

A

1- fresh pursuit is pursuit that is continuous and without unreasonable delay
2- fresh pursuit need not be instant pursuit
Page 23

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20
Q

Does fresh pursuit apply to a misdemeanor that was not committed in the officers presence?

A

No! Only felonies and misdemeanors committed in the officers presence apply

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21
Q

Can officers from Pennsylvania enter into Maryland as they pursue a suspect that committed a felony (committed in PA) and arrest that person?

A

Yes
Page 23

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22
Q

Can an officer arrest someone for committing any traffic violation, if they do not produce satisfactory evidence of ID?

A

Yes
Page 24

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23
Q

Can an officer arrest someone if they committed a traffic violation and the officer has a reasonable grounds to believe that the person will disregard a traffic citation?

A

Yes

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24
Q

Can you arrest someone for driving with a suspended license?

A

Yes

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25
Q

Can you arrest someone for a hit-and-run accident whether or not there was injury?

A

Yes

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26
Q

Can an officer arrest someone for failing to sign a traffic citation?

A

Yes
Page 25

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27
Q

Before police attempt forcible entry into a residence the fourth amendment requires that police entering the dwelling must___

A

Knock and announce their identity and purpose

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28
Q

The knock and announce requirement does not apply for the following circumstances: (1) ___ (2)___

A

(1) threat of physical violence or
(2) destruction of evidence
Page 25

29
Q

Regular Search warrants must be served within _____days of issuance

A

15 calendar days
Page 27

30
Q

Absent, exigent circumstances, a no knock, search warrant will be executed between the hours of ____am to ____pm.

A

No knock- 8 am - 7 pm
Page 28

31
Q

No knock search warrants must be served within ______

A

10 Days (no knock)
Page 29

32
Q

When executing a regular search, warrant officers must knock, and announce and wait _____ before attempting to enter

A

20 seconds
Page 29

33
Q

Complete,accurate, truthful, ____________evidence, and plenty of it, is what secures convictions.

A

Convincing
Page 31

34
Q

Every police officer should keep in mind when gathering evidence it’s admissibility during the trial end of its tendency to establish or refute guilt. Evidence must be: (1)___ (2)_____ (3) ____

A

1- relevant
2-material
3-competent
Evidence must be RMC, yeah you know me!
Page 31

35
Q

Evidence that tends to establish the fact that issue is _______

A

Relevant

36
Q

Evidence that affects fact or an issue significantly is _____

A

Material

37
Q

Matters pertaining to the issue through medium of persons, qualified to testify, is what kind of evidence?

A

Competent

38
Q

Any species of proof, or probative matter, legally presented at the trial of an issue by the act of the parties, and through the medium of witnesses records, documents, concrete objects, etc. for the purpose of inducing belief in the minds of the court, or jury as to their contention, is the definition of ______

A

Evidence

Page 32

39
Q

What are the three major classifications of evidence?

A

Direct, circumstantial and physical

40
Q

If there is a custody dispute and there is an in-state order and an out-of-state order which one prevails?

A

In state
Page 41

41
Q

Familial Abduction- if the child is under the age of ___, a relative may not : (1) take a child from the lawful custodian, (2) after the lawful custodian demands the child back, the relative may not keep the child for more than ____ hours, (3) harbor/hide child

A

Under the age of 16
48 hours
Page 41 Abduction

42
Q

Familial Abduction- if the child is under the age of ___, a relative may not : (1) take a child from the lawful custodian, (2) after the lawful custodian demands the child back, the relative may not keep the child for more than ____ hours, (3) harbor/hide child

A

Under the age of 16
48 hours
Page 41 Abduction

43
Q

Under vulnerable adult abuse, neglect means: the intentional failure to provide necessary assistance and resources for physical needs of a vulnerable adult, including: (1)____ (2)____ (3) ___ (4)___ (5) ___ (6)____

A

1- Food
2-clothing
3-toileting
4-essential medical treatment
5-shelter, or
6-supervision
Page 43

44
Q

A _________ _______ is an adult, who lacks the physical or mental capacity to provide for the adults daily needs

A

Vulnerable adult
Page 43

45
Q

Vulnerable adult abuse/neglect is broken down into first degree and second degree. Sexual abuse of a vulnerable adult is considered what degree?

A

1st degree
(sexual abuse of a vulnerable adult is NEVER considered 2nd degree)
Page 43

46
Q

What is an AWOL machine?

A

Alcohol without liquid machine, which mixes an alcoholic product with pure oxygen, or other gas to produce a vaporize product that can be inhaled (misdemeanor)
Page 50

47
Q

Name the four elements that constitute an arrest

A

(1) an intent to arrest INTENT
(2) under a real or pretended authority
(3) accompanied by a seizure or detention of the person DETENTION
(4) which is understood by the person arrested UNDERSTANDING

48
Q

A police officer may make arrests conduct an investigation and enforce laws of the state of Maryland. They may leave Maryland under the following 5 circumstances: (1) joint investigation (2) rendering assistance to another police officer(3) acting at the request of a police officer (4)___ (5) ____

A

4- emergency exists
5- fresh pursuit

49
Q

Officers may charge by citation for any misdemeanor or local ordinance that does not carry a penalty of imprisonment OR _______

A
  • any misdemeanor/local ordinance with penalty of 90 days (imprisonment) or less
    90 DAYS OR LESS (there are exceptions to this)
50
Q

Can an officer issue a citation for failure to comply with a peace order?

A

No
Page 7

51
Q

Can an officer issue a citation for a violation of a condition of pretrial or post trial release?

A

No

52
Q

Can an officer issue a citation for possession of an electronic control device, after conviction of a drug felony, or a crime of violence?

A

No

53
Q

Can an officer issue a citation for violation of an out-of-state domestic violence order?

A

No

54
Q

Can an officer issue, a citation for abuse, or neglect of an animal?

A

No

55
Q

Can an officer issue a citation for the sale of an alcoholic beverage to an under age, drinker, or intoxicated person?

A

Yes

56
Q

Can officers issue a citation for malicious destruction of property if the damage is less than $500?

A

Yes, if damage is less than $500

57
Q

Can officers issue a citation for misdemeanor theft?

A

Yes

58
Q

Can officers issue a citation for possession of a controlled dangerous substance, other than cannabis?

A

Yes

59
Q

Can officers issue a citation for possession with intent to distribute cannabis?

A

Yes

60
Q

Can officers issue a citation for growing or manufacturing cannabis or cannabis product?

A

Yes

61
Q

A police officer may charge a defendant by citation only if: (1) sufficient ID, (2) will comply with citation, (3)_____ (4)_____

A

3- will not pose a threat to public safety
4- is not subject to arrest

62
Q

If a person commits a first-degree assault and committed a malicious destruction of property where the damage of the property is less than $500, can you arrest for the assault, and issue a citation for the destruction of property?

A

No, you do not issue citations for an alleged felony arising out of the same incident

63
Q

Any force used must be reasonable under the circumstances, and must be judged by the perspective of a reasonable officer on scene. What court case determined this?

A

Graham VS Connor 1989
Page 12

64
Q

In making an arrest, the officer should always consider (1) _______ and (2) ________

A

(1)Enormity of the crime,
(2) character of resistance
Page 12
** only use force that is necessary, and the least amount of force necessary

65
Q

Can you arrest someone for driving without insurance?

A

No!

66
Q

Can you arrest someone for failing to sign a traffic citation?

A

Yes

67
Q

Generally, a police officer executing, a search warrant must give proper notice of his _____and ______and be denied admittance before he can use force to break and enter the premises to be searched.

A

Purpose and authority
Page 22

68
Q

Why does Malorie smell so bad? Oh my God look at spelled. Your name, right?

A

It is because she eats cat farts

69
Q

Why does Malorie smell so bad? Oh my God look at spelled. Your name, right?

A

It is because she eats cat farts

Criminal Digest (3 decks)

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