Criminal Procedure Flashcards
1
Q
Facts or circumstances that would make a reasonable or prudent person believe a crime is being or has been committed.
A
Probable Cause
2
Q
Probable Cause is the basis for three things:
A
1) To lawful arrest
2) To lawful search
3) To lawful seizure
3
Q
Refers to the facts or circumstances that make a person believe that a particular person has committed a crime and that person may be arrested for that crime.
A
Probable cause to arrest
4
Q
Refers to the facts or circumstances that make an officer believe that evidence of a crime is now in a particular location and that officer should be allowed to go and search for that evidence.
A
Probable cause to search
5
Q
Refers to the facts and circumstances that would lead a reasonable officer to believe that an item is contraband, is stolen, or constitutes evidence of a crime.
A
Probable cause to seize
6
Q
An arrest without probable cause is _________.
A
Illegal
7
Q
Evidence illegally obtained will not be admissible in court.
A
Exclusionary Rule
8
Q
Regarding the exclusionary rule, evidence was seized in violation of the ________ clause of the 14th Amendment or some provision of the ___________.
A
Due Process
Bill of Rights
9
Q
_____ v. _____ (1914): Lottery Tickets seized from home without a search warrant.
A
U.S. v. Weeks
10
Q
In 1914, the exclusionary rule only applied to the actions of the __________ government.
A
Federal
11
Q
In Wolfe v. Colorado (1949), the _____________ doctrine was struck down.
A
Silver Platter
12
Q
Federal agents would go to local officers (city and state), because the exclusionary rule did not apply to local officers, and would ask them to search people’s homes, vehicles, etc. without a warrant and if they found any evidence, turn it over to the federal agents.
A
Silver Platter Doctrine
13
Q
What is the purpose of the exclusionary rule?
A
To deter police misconduct or the behavior of cops.
14
Q
______ v. ______ (1961) Evidence obtained in violation of the 4th Amendment could not be admitted in a state court criminal proceeding.
A
Mapp v. Ohio
15
Q
As a result of Mapp v. Ohio, the exclusionary rule has been applied to ______, _______, and _______ government.
A
State, City, and Local
16
Q
The exclusionary rule only applies to ________ action.
A
Government
17
Q
The exclusionary rule prohibits:
- The __________ of evidence seized during an unlawful search.
- __________ concerning knowledge acquired from that unlawful search.
- __________ that flowed from the unlawful search.
A
- Introduction
- Testimony
- Evidence
18
Q
What are 4 exceptions to the exclusionary rule?
A
- Good Faith Exception
- Independent Source Exception
- The Inevitable Discovery Exception
- The Purged Taint Exception
19
Q
The Good Faith Exception does NOT apply in:
A
Georgia
20
Q
OCGA 17-5-30 Motion to Suppress Evidence
a) A defendant aggrieved by an _______ search and seizure may move the court for the return of property, the possession of which is not otherwise unlawful, and to _______ as evidence anything so obtained on the grounds that:
1) The search and seizure _______ a warrant was illegal; or
2) The search and seizure ______ a warrant was illegal because the warrant is insufficient on its face, there was not _____________ for the issuance of the warrant, or the warrant was illegally executed.
A
a) unlawful / suppress
1) without
2) with / probable cause
21
Q
OCGA 17-5-30 Motion to Suppress Evidence
b) The motion shall be in writing and state facts showing that the search and seizure were unlawful. The judge shall receive evidence out of the presence of the jury on any issue of fact necessary to determine the motion and the ________ of proving that the search and seizure were lawful shall be on the _______. If the motion is granted the property shall be restored, unless otherwise subject to lawful detention and it shall not be __________ in evidence against the movant in any trial.
A
b) burden / state / admissible
22
Q
Officers relied on a search warrant that turned out to be invalid. Which exception does this relate to?
A
Good Faith Exception
23
Q
The Good Faith Exception does NOT apply in:
A
The U.S. Supreme Court
The Georgia Supreme Court
24
Q
Johnny tells the police he did not start any fires in the area. The officers popped the trunk of Johnny’s car and found a gas can. The fires were started with gas and a witness placed Johnny at the scene of the fire before the fire was started. The officers opened the trunk without consent but they would have been able to get a warrant to search the vehicle. The gas can was found illegally because they did not have consent to search, but they would have eventually obtained a signed warrant to search the vehicle. Which exception does this relate to?
A
Inevitable Discovery Exception
25
An example of this exception may be when evidence inside a residence is discovered by an unlawful entry and then also subsequently discovered during the execution of a valid warrant, based upon facts unrelated to anything discovered from the unlawful entry.
Independent Source Exception
26
If the evidence that is to be introduced is so far removed from the wrong done by the police, then it may be admissible.
Purged Taint or Attenuation Exception
27
Reduced or weakened, as in strength, value, or virulence
Attenuation
28
The range of one's authority, breadth or opportunity to function. Example: The boundary or limits imposed by the size and nature of the items named in the search warrant.
Scope
29
Communication between police and citizens involving no coercion or detention.
*4th amendment plays no role.
Tier I
| Verbal / Consensual Encounter
30
Seizures that must be supported by Articulable Reasonable Suspicion (ARS)
Tier II
| Brief Seizure
31
Full scale arrest, supported by Probable Cause
Tier III
| Arrest
32
Which Amendment covers the right of the people to be secure in their persons, houses, papers and effects.
4th Amendment
33
What are the three elements of arrest?
1) Intent
2) Communication & Understanding
3) Seizure
34
A government termination of movement through means intentionally applied.
Seizure
35
What are two types of seizure?
1) Actual Seizure (By use of force)
| 2) Constructive Seizure (By show of force)
36
OCGA 17-4-20: Arrest with/without a Warrant (Custodial)
1. The offense is committed _________ or within such officer's immediate knowledge.
2. Offender is endeavoring to _________.
3. There is P.C. to believe an act of _________ has occurred.
4. The officer has probable cause to believe that the offender has violated a __________; provided, however, that such officer shall not have any prior or current familial relationship with the alleged victim or the offender.
5. The officer has PC to believe that an offense involving physical abuse has been committed against a _________ adult, who shall be for the purposes of this subsection a person 18 or older.
6. For other cause there is likely to be a _________ for want of a judicial officer to issue a warrant.
1. Presence
2. Escape
3. Family Violence
4. Criminal family violence order
5. Vulnerable
6. Failure of justice
37
OCGA 17-4-23: Arrest by issuance of a UTC (Non-custodial)
1. The offense occurs in officer's _______.
2. _________ received from _________ officer.
3. The violation was the result of a motor vehicle _________.
1. Presence
2. Information / another
3. Accident
38
The people have the right to be free from __________ searches and seizures. So __________ searches and seizures are allowed.
Unreasonable / Reasonable
39
How much force can be used to affect an arrest?
Whatever force is reasonable.
40
A Peace Officer gets his power of arrest from?
Georgia Law Title 35, the P.O.S.T. Act
41
If an Officer loses his power of arrest:
1. He has no authority to __________.
2. He may not apply for or execute a _________.
3. He has no authority to issue a _______.
4. He may not arrest for a city or county __________.
5. His authority to arrest is reduced to the same as __________.
1. Execute an arrest warrant
2. Search warrant.
3. UTC
4. Ordinance violation
5. Private Citizen
42
Probable Cause is dealing with _________ not _________. It must exist at the _______ of arrest. Taking in consideration what he has _______, ________, _________, or _________.
```
Probabilities
Certainties
Time
Heard
Smelled
Touched
Seen
```
43
Probable Cause may rest on the ______ ______ of the police when there is some degree of communication between them, not just possessed by the officer that makes the arrest.
Examples: NCIC/GCIC printouts, Radio Communications, Flyers/Bulletins
Collective Knowledge
44
What are the two parts to any warrant?
Affidavit- a sworn statement
| Command- order of a court
45
17-4-24
| Every Law Enforcement Officer is ________ to ________ the penal warrants given to him to execute.
Bound
| Execute
46
17-4-25
________ a ________ issued by a judicial officer, an arresting officer may, in any county without regard to the ________ of the arresting officer, arrest any person charged with a crime.
Under
Warrant
Residence
47
17-4-26
Every Law Enforcement Officer arresting under a warrant shall exercise reasonable diligence in bringing the person arrested before the judicial officer authorized to examine, commit, or receive bail and in any event to present the person arrested before a committing judicial officer within _____ hours.
72 hours after arrest
48
17-4-40
If an application is made for an arrest warrant by a person other than a Peace Officer and the application alleges the commission of an offense against the penal laws, the judge or other officer shall schedule a warrant ________ ________.
Application Hearing
49
True/False
A warrant for arrest may be issued in any county, though the crime was committed in another county.
True
50
What are the 5 things needed for a roadblock to be legal?
1. Supervisor approved for a legitimate purpose
2. All vehicles stopped
3. Delay is minimal to motorists
4. Well identified police for the operation
5. Properly trained screening officer
51
Allows Officers to seize objects during a legitimate pat down search if he reasonably believes to be contraband "immediately apparent".
Plain Feel Doctrine
52
Information gained or acquired from another and not part of ones direct knowledge.
Hearsay
53
How long do you have to execute a search warrant?
10 days
54
The area surrounding and associated with a home
Curtilage
55
Facts or circumstances that would lead a reasonable and prudent person to believe a crime has been committed.
Probable Cause
56
Where can you search in a DUI stop?
The person you are arresting and the passenger compartment of the vehicle.
57
A warrantless search incident to arrest may only be conducted if the arrest itself is _______.
Lawful
58
True/False
The right of an officer to search incident to a lawful arrest is limited to situations where weapons or evidence of a crime are likely to be found.
False
59
What did Chimel v. California establish?
Established lunge area for a lawful arrest (not in vehicles).
60
What did Minnesota v. Dickerson establish?
Established the Plain Feel Doctrine
61
What is the scope of a search incident to arrest?
The person arrested, as well as the area into which an arrestee might reach in order to grab a weapon or destroy evidence, also called the "lunge" area.
62
True/False
An officer may search property again, without a warrant, after it has already been seized and placed into storage.
False
63
What was established in Arizona v. Gant?
Established the legal guidelines for a search incident to arrest of a vehicle.
64
Graham applies to ____________ use of Force; not just deadly Force.
All
65
The size and nature of an object when conducting a search is called what?
Scope
66
What are our legal authorities that allow us to do our job?
ARS and PC
67
When can we use deadly Force against a suspected felon?
1. Possesses a deadly weapon
2. Pose immediate threat of physical violence
3. Have PC for crime involving infliction or threat of serious physical harm
68
What chapter/ title do we get our “arresting” powers from
Chapter 8, title 35
69
The court will consider any _________
| that the officer is aware of at the time force was applied?
Objective fact
70
What case established legal guidelines for a lawful stop and lawful frisk?
Terry vs. Ohio
71
What are you looking for when performing a “frisk” ?
Weapons , weapons, weapons
72
Define a seizure
Government termination of movement through means intentionally applied
73
What are the elements of an arrest?
Intent, seizure, communication and understanding
74
How long are you allowed to detain someone?
Reasonable to answer suspicions for initial stop
75
“Process” is a description of an ________?
Arrest
76
A brief seizure must be supported by what?
ARS
77
A verbal encounter is communication between police and citizens involving NO ____________ or ___________?
Coercion ; detention
78
The 4th Amendment plays no role in a verbal encounter which classified as Tier what?
Tier 1 ( No ARS / No PC )
79
When the evidence would have been seized through some legal means or found anyways, hypothetically is called what?
Inevitable Discovery Exception
80
Why does the good faith exception NOT apply in Georgia?
Because of 17-5-30
| Motion to suppress evidence illegally seized
81
What are the 4 exceptions to the exclusionary rule?
Good faith
Independent source
Inevitable discovery
Purged taint
82
What does the exclusionary rule prohibit?
Introduction
Testimony
Derivative
83
The case where the exclusionary rule has been applied to state and local officers is called what?
Mapp vs. Ohio
84
What does “2” represent in the 2-3-4 rule ?
ARS- Articulable reasonable suspension
| PC - probable cause
85
Constitution plays no roll in which Tier?
Tier 1
86
Arrest without probable cause is what?
Illegal
87
PC is basis for any ____________ or ___________?
Legal Search or Legal Arrest
88
What is the purpose of the exclusionary Rule ?
To deter police misconduct; to control the behavior of law enforcement
89
You develop probable cause through your what ?
Senses - see, hear, smell, feel etc.
90
What is the 1st case that the exclusionary rule was used ( federal government only)
Weeks vs. U.S.
91
Evidence the is illegally obtained will not be admissible in court is called what?
Exclusionary Rule
92
Exclusionary Rule only applied to ____________ and is illegal conduct by __________ agents?
Federal
93
What is the case that struct down the silver platter doctrine ?
Wolf vs. Colorado
94
Describe the silver platter doctrine
Federal agents handing state/ local police officers evidence
95
Describe fruit of the poisonous tree
“ if the evidence is poisonous, everything attached is poisonous “
96
What does “ 3” represent in the 2-3-4 Rule?
3 ways to communicate - police/ citizens
1. Consentual= both agree to communicate ( verbal)
2. Brief detention= field interview, Terry stops ( Tier 2) MUST HAVE ARS
3. Arrest ( Tier 3) noncustodial - MUST HAVE PC
97
PC is the basis for a legal ______ or _______.
Arrest
| Search
98
First case where the Exclusionary Rule was applied?
U.S. V. Weeks
99
Which U.S. Supreme Court decision struck down the Silver Platter doctrine?
Wolfe V. Colorado
100
Which exception to the Exclusionary Rule does not apply in Georgia?
The Good Faith Exception
101
Why does the Good Faith Exception NOT apply in Georgia?
17-5-30 Motion to Suppress
102
In order to be granted this exception to the Exclusionary Rule by the courts. The prosecution must show lawful means were possessed and actively being pursued prior to the illegal conduct.
Inevitable Discovery
103
If the evidence that is to be introduced is so far removed from the wrong done by the cops then it may be admissible, describes?
Purged-Taint Exception
104
The range of ones authority, breadth, or opportunity to function or the size, nature, and shape of the object being searched for is know as what?
Scope
105
True/False
In terms of Officer Safety, an Officer may use ANY amount of reasonable force during all of the police/citizen encounters.
True- Reasonable Force is always allowed.
106
In the police/citizen encounter the 4th Amendment plays no role.
Tier 1- Verbal/Consensual
107
True/False
An Officer briefly detains a suspicious person. During the detention the officer handcuffed the suspicious person. Since the Officer exceeded the scope of his Tier 2 encounter, any evidence seized will be suppressed by the Exclusionary Rule.
False
108
The government termination of movement through means intentionally applied defines what?
Seizure
109
A _____ seizure is actually using physical force (grabbing, etc.). A _____ seizure is a show of authority where officers make people feel as though they are seized.
Actual
| Constructive
110
Elements of an arrest
Intent
Seizure
Communication & Understanding
111
Officers may make noncustodial arrests (citations) in three circumstances; 1) when it occurs in their presence, and what are the other two ways?
When information comes from another Officer
| Result of a Motor Vehicle Accident
112
Where do Officers get their power to arrest?
Title 35, The POST Act
113
True/False
During an arrest a citizen may respond with physical violence towards the officer if the arrest by the officer is unlawful.
True
114
According to 17-4-26, an arrested person must be brought before a judge within...
72 Hours
115
What are the two parts of any warrant?
Command
| Affidavit
116
True/False
The Loss Prevention Officer believes an employee has been taking property from stock and hiding the item in their personal vehicle. The Loss Prevention Officer must first secure a search warrant prior to looking in the employee's vehicle?
False- citizens may not apply for a search warrant.
117
True/False
We know that an arrest warrant may be executed in any county, but the warrant must be obtained in the county in which the crime occurred.
False- 17-4-44
118
An Officer may develop Probable Cause by:
Senses
119
An Officer may obtain PC from other Officers, Dispatchers, BOLOs, etc... This is known as?
Collective Knowledge
120
The minimum amount of legal authority needed to conduct a lawful traffic stop is...
Articulable Reasonable Suspicion (ARS)
121
True/False
| The Exclusionary Rule was created to keep illegally seized items.
False- It was established to deter police misconduct.
122
True/False
| Until the Mapp V. Alabama decision the Exclusionary Rule only applied to Federal Officers.
False- Mapp V. Ohio
123
The Exclusionary Rule not only prevents the introduction of illegally seized items, but no _____ can be given at the trial concerning the evidence, and no _______ evidence can be used which flowed from the unlawful search.
Testimony
| Derivative
124
You have to have probable cause to do what?
Legal Search & Legal Arrest
125
What is evidence illegally obtained that will not be admissible in court
Exclusionary Rule
126
Probable Cause is the basis for what?
Arrest, Search & Seizure
127
What is the first case where the exclusionary rule was applied?
Weeks V. U.S.
128
What case struck down the Silver Platter Doctrine?
Wolfe V. Colorado
129
The case where the Exclusionary Rule has been applied to state and local Officers?
Mapp V. Ohio
130
The Exclusionary Rule only applies to who?
The Government
131
What does the Exclusionary Rule prohibit?
Introduction, Testimony, and Derivative
132
What are the exceptions to the Exclusionary Rule
The Good Faith Exception
The Inevitable Discovery Exception
The Independent Source Exception
Purged-Taint Exception
133
Evidence legally seized and which provided an independent basis for the discovery of the challenged evidence is called?
Independent Source Exception
134
What is it when the evidence would have been seized through some legal means or "found anyways"; hypothetically?
Inevitable Discovery Exception
135
The size and nature of an object when conducting a search is called what?
The Scope
136
In a Tier 1, a verbal encounter or the communication between police and citizens involves no what?
Coercion Or Detention
137
The 4th Amendment plays no role in what type of encounter?
Tier 1 encounter
138
A brief seizure must be supported by what?
ARS
139
An arrest must be supported by what?
PC
140
An arrest should be thought of as a ______ of events.
Process
141
Government termination of movement through means intentionally applied describes what?
Seizure
142
Describe an Actual Seizure
Physical Force
143
Describe Constructive Seizure
Show of Authority
144
When can a custodial arrest, with/without a warrant be made?
Presence of Officer
Immediate Knowledge
Trying to Escape
Family violence has occurred
145
What instances can a non-custodial arrest be made?
Presence of Officer
Info from another Officer
Result of Motor Vehicle Accident
146
What is an example of a non-custodial arrest?
Traffic Ticket
147
For an arrest to be legal, all 3 elements have to be what?
Present
148
An arrest should be thought of as a process of what?
Events
149
What Amendment covers an arrest?
4th
150
What does the Independent Source exception require?
Evidence is obtained legally
151
Is an arrestee required to sign a UTC?
Yes
152
This is dealing with probabilities not certainties that it must exist at the time of arrest taking in consideration what he/she has heard, smelled, touched, or seen (using his/her senses).
PC
153
Under what code is every LEO bound to execute the penal warrants given to them to execute?
17-4-24: Duty of LEO to execute penal warrants
154
Under 17-4-26 every LEO arresting under a warrant shall bring a person arrested before the judicial officer within how many hours?
72 Hours
155
Probable Cause may rest on this when there is some degree of communication between officers, not just possessed by the officer that makes the arrest.
Collective Knowledge
156
In every case of an arrest without a warrant, the person arresting shall, without delay, deliver a copy of the warrant within how many hours?
48 Hours
157
The members of both Houses shall be free from what during sessions of the general assembly or committee meetings thereof?
Arrest
158
Diplomatic privileges and immunities guarantee the diplomatic agency, or members of their family, may not be what?
Arrested, Detained, Residence Entered/Searched, Subpoenaed as witnesses; or Prosecuted
159
What case established guidelines for stop and frisk?
Terry V. Ohio
160
Questions unrelated to the Stop are only unlawful if they what?
Extend the duration of the initial Seizure
161
A Frisk is justified when you have ARS for what?
Armed/Dangerous; Safety of Others; Commission of a crime
162
A temporary investigative detention of an individual, short of an arrest is defined as what?
Investigatory Stop
163
While conducting a plain feel, the contraband must be _____ _____?
Immediately Apparent
164
What are two reasons for a search?
Discover Weapons
| Prevent destruction of evidence
165
Officer Safety is not an issue if the suspect is what?
Under Control
166
A search incident to a lawful arrest applies only to what kind of arrest?
Custodial Arrest
167
The person arrested, as well as the area into which an arrestee might reach in order to grab a weapon or destroy evidence is known as the what?
Lunge Area
168
There is a limited search of the premises conducted primarily to ensure the safety of police officers by detecting the presence of others, done in conjunction with an in-home arrest.
Protective Sweep
169
No warrant or PC is required for a _____ _____?
Protective Sweep
170
True/False
| Any search that goes beyond the immediate area of a protective sweep requires reasonable suspicion?
True
171
What kind of line-up is the only line-up where a suspect can have a lawyer present?
Physical Line-up
172
Interception of illegal aliens, sobriety checks, verification of drivers licenses, emergencies, and seeking information are legitimate purpose of what?
Roadblocks
173
The area surrounding and associated with the home is called?
Curtilage
174
The pat down of an individuals outer clothing to determine he is carrying a weapon is better known as?
Frisk
175
What are the 5 requirements for a roadblock to be valid?
```
Supervisor approval
All vehicles stopped
Minimal Delay
Well defined
Field Officer issuing sobriety test.
```
176
What ruling established the Lunge wingspan search incident to arrest inside a home?
Chimel V. California
177
2 reasons for a search are?
Discover Weapons
| Prevent the destruction of Evidence
178
Legitimate purposes of roadblocks can consist of?
```
Interception of illegal aliens
Sobriety Checks
Verification of drivers
Licenses check
Emergency Checkpoints
Seeking Information checkpoints
```
179
A vehicle search is lawful when you have what?
```
PC
Movable Vehicle
Abandoned Property
Car is impounded
search incident to arrest
```
180
What case changed the standard of informant reliability to "totality of circumstances" standard?
Illinois V. Gates
181
A search warrant must be executed in how many days?
10 days
182
What type of arrest is described as a "ticket with no trip to jail"
Non-custodial
183
What type of arrest is described as "going to jail"
Custodial
184
What is a person under investigation for participation in a crime?
Suspect
185
What is it when all members of a line-up are shown to the witness at the same time. This allows the witness to compare all line-up members before making a decision?
Simultaneous
186
What is it called when the witness views only one member of the line-up at a time. The witness must make a decision on each line-up member before viewing the next line-up member?
Sequential Identification
187
What is a person or photograph of a person who is not a suspect in the crime under investigation and is made part of a physical line-up or a photographic lineup and presented to a witness?
Filler
188
What is a selected group of persons presented to a witness containing a suspect and several fillers for the purpose of determining whether the witness is able to identify the suspect or eliminate the suspect as a perpetrator of the crime?
Physical Lineup
189
A selected group of photographs of persons presented to a witness containing a single suspect filler for the purpose of determining whether the witness is able to identify the suspect or eliminate the suspect as perpetrator of the crime is called?
Photographic Line-up
