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Criminal Law > Criminal Law > Flashcards

Criminal Law Flashcards

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1
Q

You have a felony arrest warrant

The address is correct

Under what circumstances can you make the arrest ?

A

No further information needed

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2
Q

The legislature passed a statute and you make an arrest under it

The court later finds it unconstitutional

What happens to your arrest ?

A

The arrest would be undone

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3
Q

Are “fighting words” protected speech ?

A

No

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4
Q

You enter a crime scene, are you allowed to conduct a protective sweep ?

How far can you go ?

A

Yes you can To ensure the scene is safe

Requires reasonable suspicion

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5
Q

What is probable cause ?

A

Facts and circumstances to warrant a prudent man in believing that a person has committed or was committing a crime

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6
Q

Is it an absolute requirement to verbally warn someone before using deadly force ?

A

No

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7
Q

If you are in a place where there is no expectation of privacy

Can you attach a GPS tracker to a car ?

A

No , you need to have a warrant

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8
Q

You have read Miranda to someone ,

they waived it ,

You are informed that the persons attorney is in the lobby

What must you do ?

A

Inform the suspect that their attorney is there

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9
Q

If you are somewhere and you believe that someone you see has a felony warrant

What must you do before arresting them

A

Confirm the warrant and their identity

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10
Q

Under what circumstances can you enter someone’s home to arrest them without a warrant ?

A

Exigency circumstances

Hot pursuit
Destruction of evidence
Emergency situations

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11
Q

Sources of law in INDIANA

A

Federal law

Us constitution

Bill of rights

Indiana constitution

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12
Q

Reasonableness of searches depends on what ?

A

Expectation of privacy

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13
Q

During an inventory a closed container is discovered

Can you look inside the container ?

A

You must follow department policy

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14
Q

What does search incident to arrest mean ?

A

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 )

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15
Q

Under US constitutional law , when and how can you do a k9 sniff around the outside of a private building

A

With a warrant

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16
Q

What is a vehicle inventory ?

What are we allowed to do during an inventory , what is needed to do a inventory

A

Follow department SOP’s

Look throughout the vehicle for valuable items

Protects the department against fraduent claims

You need a seizure of the vehicle

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17
Q

In a OWI case how can you go about getting a blood sample ?

A

Implied consent

Warrant for a blood draw

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18
Q

What is serious bodily injury. ?

A

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

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19
Q

How long do you have to execute a search warrant in IN

A

10 days

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20
Q

Felony crimes fall into how many categories

A

7

Lv1-6 and murder

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21
Q

3 forms of culpability or MENS REAS

A

Knowingly

Intentionally

Recklessly

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22
Q

What does it mean to attempt a crime ?

A

Taking a SUBSTANTIAL Risk toward commuting a felony or misdemeanor

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23
Q

What does conspiracy mean ?

A

A person AGREES with another to commit a FELONY and one of the 2 people commit a OVERT act

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24
Q

State statute defines a child as what ?

A

Anyone under 18yrs old

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25
Q

Is a juvenile judication the same as a crime ?

A

No and it does not hold the same consequences as a crime

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26
Q

What is the carrol doctrine. ?

A

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

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27
Q

When do you read Miranda

A

When suspect is in custody (not free to leave)

When asking potential incriminating questions

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28
Q

Felony vs misdemeanor

A

Felonies have sentences over a year

Misdemeanors have sentences under a year

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29
Q

What is the AMS alternative misdemeanor sentencing

A

A reduction for felony sentences if they meet certain criteria

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30
Q

Is Indiana a death penalty state ?

A

Yes

Must be done at the state prison

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31
Q

Levels of misdemeanors

A

A ,B And C

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32
Q

Levels of infraction

A

A , B , C , and D

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33
Q

What is the actus reas

A

The physical action of the crime

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34
Q

You receive good information that someone inside a private residence is in immediate need of assistance

What do you do ?

A

This is exigent circumstances

You can enter the residence without a warrant

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35
Q

If you take someone into custody without probable cause and question them

What happens to their statements

A

They are not admissible in court

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36
Q

How is a suppression hearing started

A

The subjects lawyer has to challenge a charge or evidence

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37
Q

3 factors of reasonableness under

Litchfield vs State

A

Extent of the intrusion

Degree of suspicion

Extent of law enforcement needs

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38
Q

What is the exclusionary rule ?

A

Suppresses evidence collected in 4th amendment violations

It was judicially created

And deters police misconduct

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39
Q

If there is a expectation of privacy what must you do

A

Get a warrant

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40
Q

2 things that make up a seizure

A

Physical control

Intention to arrest/submission

41
Q

Qualified immunity

A

Must be acting your duties in a reasonable manner

Protects against federal civil liability

Not criminal liability

42
Q

What must you have to use

Plain view , Plain smell , Plain feel

A

Are you lawfully present

Is the incriminating character readily evident

Is it lawfully accessible

43
Q

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

A

It is still usable

44
Q

What is the malinsky rule

A

In Indiana you must inform the suspect if a attorney shows up to speak to them

45
Q

Indiana rule 6-17

A

During FELONY custodial interrogations in a place of detention

It must be electronically recorded

46
Q

Juvenile waiver of rights

A

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

47
Q

For felonies general prosecution must start in what time frame

A

48hrs

48
Q

How long are misdemeanor warrants good for before they expire

A

180 days

49
Q

Do felony warrants expire ?

A

No

50
Q

In a PUBLIC place can you make an arrest on _______________

A

Probable cause

51
Q

In a private place (someone’s home) you make an arrest with _______

A

Warrant

52
Q

During a search warrant you come across criminal items not listed in the warrant in PLAIN VIEW

Can these items be used

Why

A

Yes

You have a legal reason to be there and it is in plain view

53
Q

According to the 4th amendment what is the standard that determines if someone has been seized or not

A

Must have probable cause

A reasonable person believes they are not free to leave

54
Q

Under Indiana law who has greatest statutory arrest powers

A

Judges

55
Q

Police can order who out of vehicles

A

Anybody

56
Q

Rules of consent for a husband and wife living in a house

A

Must get consent from both parties

57
Q

What is curtilage

A

Things on the property that aren’t the house but are associated with the home

58
Q

Factors of curtilage

A

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

59
Q

What is the standard for using a road block to end a pursuit

What do courts look at

A

Courts see this as deadly force and will see if it was justified

60
Q

4th amendment exceptions for a search warrant

A

Plain view

Search incident to arrest

Carrol doctrine

Exigent circumstances

Protective sweeps

Vehicle inventory

61
Q

If a person has been read Miranda and declines to answer

Is all questioning done forever

A

No

62
Q

If someone says they do not want to answer questions and use their 5th amendment right

How long before you can approach them again

A

14 days

63
Q

In a suspect lineup can voice identification be used

A

Yes but all suspects must use the same phrase

64
Q

How long after an arrest before a probable cause hearing is needed

A

48hrs

65
Q

If someone claims their 5th amendment rights , but they have to testify to get immunity

What kind of immunity is being granted

A

Transactional

66
Q

General rules for running a k9 around luggage

A

Probable cause

67
Q

What is PIRTLE

A

Suspect is not free to leave and asking consent to search

Allowing them the right to counsil

68
Q

Forced entry is needed to potentially save someone

Contraband is found in plain view

Can it be used

A

Yes you were inside under exigent circumstances ( legal reason )

69
Q

Defenses of criminal arrests

A

Reasonable Use of force

Intoxication

Mental disease

Mistake of fact

Duress

Entrapment

Abandonment

70
Q

Are attempt charges the same level of crime as the crime being attempted ?

A

Yes

71
Q

Difference between voluntary manslaughter and murder

A

Voluntary manslaughter deals with sudden heat

72
Q

What is sudden heat

A

Intense emotional reaction

73
Q

What is battery

A

Touching someone in a rude , insolent or angry manner

74
Q

Criminal recklessness

A

Knowingly or intentionally or recklessly preforming an act that causes substantial Risk of serious bodily injury

75
Q

Strangulation

A

Rude , insolent , or angry manny

Applies pressure to the neck

Covers the nose or mouth

Pressure to the torso

76
Q

Criminal mischief

A

Knowingly or intentionally damages or defaces the property of another person without their consent

B misd

A misdemeanor if $750

6 felony if 50k

77
Q

Burglary

A

A person who breaks and enters a building with the intent to commit a felony or theft

Lv 5 felony

78
Q

Residential entry

A

Knowingly or intentionally breaks and enters a dwelling

Lv 6 felony

79
Q

Theft

A

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

80
Q

Conversion

A

Knowingly or intentionally exerts unauthorized control over another persons property

81
Q

Resisting law enforcement

A

Knowingly or intentionally

Forcibly resists
Obstructs
Interferes

With a law enforcement officer

A misd

5 felony if done with a vehicle

82
Q

Disorderly conduct

A

Engages in fighting , or tumultuous conduct

Making unreasonable noise after being told to stop

Disrupts a lawful assembly of persons

B misd

83
Q

Intimidation

A

Making threats with intent

A misd

84
Q

Invasion of privacy

A

Violating a protective order

A misd

85
Q

How is Tenn vs Garner applied

A

Fleeing felon

Most pose a threat of serious bodily injury to you or a 3rd party

86
Q

How many people do you need to apply for the Indiana wire tap act

A

2

87
Q

What separates dealing from possession

A

You need more than just the weight of the substance , you need that intent ( baggies , scales etc )

88
Q

As a police officer can we go through somebody’s garbage ?

If we do what must we go by

A

Yes , you can go through garbage with

Articulable reasonable suspicion
Litchfield

89
Q

If you are arresting someone for suspended misdemeanor driving

Is search incident to arrest acceptable ?

A

No

you would have to articulate Officer safety concerns or preservation of evidence for a search of the passenger compartment

90
Q

What is the supreme courts definition of voluntary consent

A

Voluntary waiving the 4th amendment

Under the TOTALITY OF THE CIRCUMSTANCES

91
Q

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

A

With a search warrant for that other persons house

92
Q

Tort claims act protects us against what

A

State civil liability

93
Q

6th amendment attaches at what stage ?

A

Critical stage

94
Q

What are enhancements

Examples of enhancements

A

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

95
Q

What Indiana criminal statute cannot be enforced do to Supreme Court rulings

A

Flag burning

96
Q

To arrest someone for obscenity what must you have

A

A warrant

97
Q

Rules for a k9 on a traffic stop

A

Reasonable suspicion

Cannot prolong the traffic stop

98
Q

What does meaningful consultation mean

A

a consultation in private

99
Q

Public intoxication

A

Being in a public place while intoxicated

Endangering themselves

Endangering others

Criminal Law (1 decks)

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