Criminal Law Flashcards
You have a felony arrest warrant
The address is correct
Under what circumstances can you make the arrest ?
No further information needed
The legislature passed a statute and you make an arrest under it
The court later finds it unconstitutional
What happens to your arrest ?
The arrest would be undone
Are “fighting words” protected speech ?
No
You enter a crime scene, are you allowed to conduct a protective sweep ?
How far can you go ?
Yes you can To ensure the scene is safe
Requires reasonable suspicion
What is probable cause ?
Facts and circumstances to warrant a prudent man in believing that a person has committed or was committing a crime
Is it an absolute requirement to verbally warn someone before using deadly force ?
No
If you are in a place where there is no expectation of privacy
Can you attach a GPS tracker to a car ?
No , you need to have a warrant
You have read Miranda to someone ,
they waived it ,
You are informed that the persons attorney is in the lobby
What must you do ?
Inform the suspect that their attorney is there
If you are somewhere and you believe that someone you see has a felony warrant
What must you do before arresting them
Confirm the warrant and their identity
Under what circumstances can you enter someone’s home to arrest them without a warrant ?
Exigency circumstances
Hot pursuit
Destruction of evidence
Emergency situations
Sources of law in INDIANA
Federal law
Us constitution
Bill of rights
Indiana constitution
Reasonableness of searches depends on what ?
Expectation of privacy
During an inventory a closed container is discovered
Can you look inside the container ?
You must follow department policy
What does search incident to arrest mean ?
You have the person in CUSTODIAL ARREST
You can search their person and surrounding area
( must be in immediate reach of the person)
“Wingspan reach”
Vehicles : passenger department ( only for Officer safety or preservation of evidence )
Under US constitutional law , when and how can you do a k9 sniff around the outside of a private building
With a warrant
What is a vehicle inventory ?
What are we allowed to do during an inventory , what is needed to do a inventory
Follow department SOP’s
Look throughout the vehicle for valuable items
Protects the department against fraduent claims
You need a seizure of the vehicle
In a OWI case how can you go about getting a blood sample ?
Implied consent
Warrant for a blood draw
What is serious bodily injury. ?
Injury that causes substantial Risk of death or
Serious permanent disfigurement
Unconsciousness
Extreme pain
Permanent or protracted loss or impairment of a body member
Loss of a fetus
How long do you have to execute a search warrant in IN
10 days
Felony crimes fall into how many categories
7
Lv1-6 and murder
3 forms of culpability or MENS REAS
Knowingly
Intentionally
Recklessly
What does it mean to attempt a crime ?
Taking a SUBSTANTIAL Risk toward commuting a felony or misdemeanor
What does conspiracy mean ?
A person AGREES with another to commit a FELONY and one of the 2 people commit a OVERT act
State statute defines a child as what ?
Anyone under 18yrs old
Is a juvenile judication the same as a crime ?
No and it does not hold the same consequences as a crime
What is the carrol doctrine. ?
A warrantless search of a vehicle
Vehicle must be mobile
Occupants must be aware
Evidence could be destroyed if time is taken to get a warrant
When do you read Miranda
When suspect is in custody (not free to leave)
When asking potential incriminating questions
Felony vs misdemeanor
Felonies have sentences over a year
Misdemeanors have sentences under a year
What is the AMS alternative misdemeanor sentencing
A reduction for felony sentences if they meet certain criteria
Is Indiana a death penalty state ?
Yes
Must be done at the state prison
Levels of misdemeanors
A ,B And C
Levels of infraction
A , B , C , and D
What is the actus reas
The physical action of the crime
You receive good information that someone inside a private residence is in immediate need of assistance
What do you do ?
This is exigent circumstances
You can enter the residence without a warrant
If you take someone into custody without probable cause and question them
What happens to their statements
They are not admissible in court
How is a suppression hearing started
The subjects lawyer has to challenge a charge or evidence
3 factors of reasonableness under
Litchfield vs State
Extent of the intrusion
Degree of suspicion
Extent of law enforcement needs
What is the exclusionary rule ?
Suppresses evidence collected in 4th amendment violations
It was judicially created
And deters police misconduct
If there is a expectation of privacy what must you do
Get a warrant
2 things that make up a seizure
Physical control
Intention to arrest/submission
Qualified immunity
Must be acting your duties in a reasonable manner
Protects against federal civil liability
Not criminal liability
What must you have to use
Plain view , Plain smell , Plain feel
Are you lawfully present
Is the incriminating character readily evident
Is it lawfully accessible
You are investigating a crime and you tell the suspect that you found evidence , but you are lying
The suspect then confessed
What happens to that confession
It is still usable
What is the malinsky rule
In Indiana you must inform the suspect if a attorney shows up to speak to them
Indiana rule 6-17
During FELONY custodial interrogations in a place of detention
It must be electronically recorded
Juvenile waiver of rights
Can be waived by an attorney as long as the child as counseled
Can be waived by a custodial parent After having meaningful consultation
By a court ordered guardian
For felonies general prosecution must start in what time frame
48hrs
How long are misdemeanor warrants good for before they expire
180 days
Do felony warrants expire ?
No
In a PUBLIC place can you make an arrest on _______________
Probable cause
In a private place (someone’s home) you make an arrest with _______
Warrant
During a search warrant you come across criminal items not listed in the warrant in PLAIN VIEW
Can these items be used
Why
Yes
You have a legal reason to be there and it is in plain view
According to the 4th amendment what is the standard that determines if someone has been seized or not
Must have probable cause
A reasonable person believes they are not free to leave
Under Indiana law who has greatest statutory arrest powers
Judges
Police can order who out of vehicles
Anybody
Rules of consent for a husband and wife living in a house
Must get consent from both parties
What is curtilage
Things on the property that aren’t the house but are associated with the home
Factors of curtilage
Proximity to the house
Is it within a enclosed area around the house
Use and nature of the area
What are the steps taken to protect it from bystanders
What is the standard for using a road block to end a pursuit
What do courts look at
Courts see this as deadly force and will see if it was justified
4th amendment exceptions for a search warrant
Plain view
Search incident to arrest
Carrol doctrine
Exigent circumstances
Protective sweeps
Vehicle inventory
If a person has been read Miranda and declines to answer
Is all questioning done forever
No
If someone says they do not want to answer questions and use their 5th amendment right
How long before you can approach them again
14 days
In a suspect lineup can voice identification be used
Yes but all suspects must use the same phrase
How long after an arrest before a probable cause hearing is needed
48hrs
If someone claims their 5th amendment rights , but they have to testify to get immunity
What kind of immunity is being granted
Transactional
General rules for running a k9 around luggage
Probable cause
What is PIRTLE
Suspect is not free to leave and asking consent to search
Allowing them the right to counsil
Forced entry is needed to potentially save someone
Contraband is found in plain view
Can it be used
Yes you were inside under exigent circumstances ( legal reason )
Defenses of criminal arrests
Reasonable Use of force
Intoxication
Mental disease
Mistake of fact
Duress
Entrapment
Abandonment
Are attempt charges the same level of crime as the crime being attempted ?
Yes
Difference between voluntary manslaughter and murder
Voluntary manslaughter deals with sudden heat
What is sudden heat
Intense emotional reaction
What is battery
Touching someone in a rude , insolent or angry manner
Criminal recklessness
Knowingly or intentionally or recklessly preforming an act that causes substantial Risk of serious bodily injury
Strangulation
Rude , insolent , or angry manny
Applies pressure to the neck
Covers the nose or mouth
Pressure to the torso
Criminal mischief
Knowingly or intentionally damages or defaces the property of another person without their consent
B misd
A misdemeanor if $750
6 felony if 50k
Burglary
A person who breaks and enters a building with the intent to commit a felony or theft
Lv 5 felony
Residential entry
Knowingly or intentionally breaks and enters a dwelling
Lv 6 felony
Theft
Knowingly or intentionally exerts unauthorized control over property of another person with the intent to deprive the owner of its value
A misd
6 felony if it’s a vehicle or firearm
Conversion
Knowingly or intentionally exerts unauthorized control over another persons property
Resisting law enforcement
Knowingly or intentionally
Forcibly resists
Obstructs
Interferes
With a law enforcement officer
A misd
5 felony if done with a vehicle
Disorderly conduct
Engages in fighting , or tumultuous conduct
Making unreasonable noise after being told to stop
Disrupts a lawful assembly of persons
B misd
Intimidation
Making threats with intent
A misd
Invasion of privacy
Violating a protective order
A misd
How is Tenn vs Garner applied
Fleeing felon
Most pose a threat of serious bodily injury to you or a 3rd party
How many people do you need to apply for the Indiana wire tap act
2
What separates dealing from possession
You need more than just the weight of the substance , you need that intent ( baggies , scales etc )
As a police officer can we go through somebody’s garbage ?
If we do what must we go by
Yes , you can go through garbage with
Articulable reasonable suspicion
Litchfield
If you are arresting someone for suspended misdemeanor driving
Is search incident to arrest acceptable ?
No
you would have to articulate Officer safety concerns or preservation of evidence for a search of the passenger compartment
What is the supreme courts definition of voluntary consent
Voluntary waiving the 4th amendment
Under the TOTALITY OF THE CIRCUMSTANCES
If you have a valid arrest warrant for someone and that person is at another persons house
How do you go about arresting that person
With a search warrant for that other persons house
Tort claims act protects us against what
State civil liability
6th amendment attaches at what stage ?
Critical stage
What are enhancements
Examples of enhancements
Things that up the level of crime
Prior convictions for the same offense
Possession of a firearms during the crime
Commuting the crime within 500ft of a school
In the presence of a minor
What Indiana criminal statute cannot be enforced do to Supreme Court rulings
Flag burning
To arrest someone for obscenity what must you have
A warrant
Rules for a k9 on a traffic stop
Reasonable suspicion
Cannot prolong the traffic stop
What does meaningful consultation mean
a consultation in private
Public intoxication
Being in a public place while intoxicated
Endangering themselves
Endangering others
