Criminal Procedure Flashcards
Facts or circumstances that would make a reasonable or prudent person believe a crime is being or has been committed.
Probable Cause
Probable Cause is the basis for three things:
1) To lawful arrest
2) To lawful search
3) To lawful seizure
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.
Probable cause to arrest
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.
Probable cause to search
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.
Probable cause to seize
An arrest without probable cause is _________.
Illegal
Evidence illegally obtained will not be admissible in court.
Exclusionary Rule
Regarding the exclusionary rule, evidence was seized in violation of the ________ clause of the 14th Amendment or some provision of the ___________.
Due Process
Bill of Rights
_____ v. _____ (1914): Lottery Tickets seized from home without a search warrant.
U.S. v. Weeks
In 1914, the exclusionary rule only applied to the actions of the __________ government.
Federal
In Wolfe v. Colorado (1949), the _____________ doctrine was struck down.
Silver Platter
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.
Silver Platter Doctrine
What is the purpose of the exclusionary rule?
To deter police misconduct or the behavior of cops.
______ v. ______ (1961) Evidence obtained in violation of the 4th Amendment could not be admitted in a state court criminal proceeding.
Mapp v. Ohio
As a result of Mapp v. Ohio, the exclusionary rule has been applied to ______, _______, and _______ government.
State, City, and Local
The exclusionary rule only applies to ________ action.
Government
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.
- Introduction
- Testimony
- Evidence
What are 4 exceptions to the exclusionary rule?
- Good Faith Exception
- Independent Source Exception
- The Inevitable Discovery Exception
- The Purged Taint Exception
The Good Faith Exception does NOT apply in:
Georgia
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) unlawful / suppress
1) without
2) with / probable cause
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.
b) burden / state / admissible
Officers relied on a search warrant that turned out to be invalid. Which exception does this relate to?
Good Faith Exception
The Good Faith Exception does NOT apply in:
The U.S. Supreme Court
The Georgia Supreme Court
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?
Inevitable Discovery Exception
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
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
Reduced or weakened, as in strength, value, or virulence
Attenuation
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
Communication between police and citizens involving no coercion or detention.
*4th amendment plays no role.
Tier I
Verbal / Consensual Encounter
Seizures that must be supported by Articulable Reasonable Suspicion (ARS)
Tier II
Brief Seizure
Full scale arrest, supported by Probable Cause
Tier III
Arrest
Which Amendment covers the right of the people to be secure in their persons, houses, papers and effects.
4th Amendment
What are the three elements of arrest?
1) Intent
2) Communication & Understanding
3) Seizure
A government termination of movement through means intentionally applied.
Seizure
What are two types of seizure?
1) Actual Seizure (By use of force)
2) Constructive Seizure (By show of force)
OCGA 17-4-20: Arrest with/without a Warrant (Custodial)
- The offense is committed _________ or within such officer’s immediate knowledge.
- Offender is endeavoring to _________.
- There is P.C. to believe an act of _________ has occurred.
- 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.
- 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.
- For other cause there is likely to be a _________ for want of a judicial officer to issue a warrant.
- Presence
- Escape
- Family Violence
- Criminal family violence order
- Vulnerable
- Failure of justice
OCGA 17-4-23: Arrest by issuance of a UTC (Non-custodial)
- The offense occurs in officer’s _______.
- _________ received from _________ officer.
- The violation was the result of a motor vehicle _________.
- Presence
- Information / another
- Accident
The people have the right to be free from __________ searches and seizures. So __________ searches and seizures are allowed.
Unreasonable / Reasonable
How much force can be used to affect an arrest?
Whatever force is reasonable.
A Peace Officer gets his power of arrest from?
Georgia Law Title 35, the P.O.S.T. Act
If an Officer loses his power of arrest:
- He has no authority to __________.
- He may not apply for or execute a _________.
- He has no authority to issue a _______.
- He may not arrest for a city or county __________.
- His authority to arrest is reduced to the same as __________.
- Execute an arrest warrant
- Search warrant.
- UTC
- Ordinance violation
- Private Citizen
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
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
What are the two parts to any warrant?
Affidavit- a sworn statement
Command- order of a court
17-4-24
Every Law Enforcement Officer is ________ to ________ the penal warrants given to him to execute.
Bound
Execute
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
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
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
True/False
A warrant for arrest may be issued in any county, though the crime was committed in another county.
True
What are the 5 things needed for a roadblock to be legal?
- Supervisor approved for a legitimate purpose
- All vehicles stopped
- Delay is minimal to motorists
- Well identified police for the operation
- Properly trained screening officer
Allows Officers to seize objects during a legitimate pat down search if he reasonably believes to be contraband “immediately apparent”.
Plain Feel Doctrine
Information gained or acquired from another and not part of ones direct knowledge.
Hearsay
How long do you have to execute a search warrant?
10 days
The area surrounding and associated with a home
Curtilage
Facts or circumstances that would lead a reasonable and prudent person to believe a crime has been committed.
Probable Cause
Where can you search in a DUI stop?
The person you are arresting and the passenger compartment of the vehicle.
A warrantless search incident to arrest may only be conducted if the arrest itself is _______.
Lawful
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
What did Chimel v. California establish?
Established lunge area for a lawful arrest (not in vehicles).
What did Minnesota v. Dickerson establish?
Established the Plain Feel Doctrine
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.
True/False
An officer may search property again, without a warrant, after it has already been seized and placed into storage.
False
What was established in Arizona v. Gant?
Established the legal guidelines for a search incident to arrest of a vehicle.
Graham applies to ____________ use of Force; not just deadly Force.
All
The size and nature of an object when conducting a search is called what?
Scope
What are our legal authorities that allow us to do our job?
ARS and PC
When can we use deadly Force against a suspected felon?
- Possesses a deadly weapon
- Pose immediate threat of physical violence
- Have PC for crime involving infliction or threat of serious physical harm
What chapter/ title do we get our “arresting” powers from
Chapter 8, title 35
The court will consider any _________
that the officer is aware of at the time force was applied?
Objective fact
What case established legal guidelines for a lawful stop and lawful frisk?
Terry vs. Ohio
What are you looking for when performing a “frisk” ?
Weapons , weapons, weapons
Define a seizure
Government termination of movement through means intentionally applied
What are the elements of an arrest?
Intent, seizure, communication and understanding
How long are you allowed to detain someone?
Reasonable to answer suspicions for initial stop
“Process” is a description of an ________?
Arrest
A brief seizure must be supported by what?
ARS
A verbal encounter is communication between police and citizens involving NO ____________ or ___________?
Coercion ; detention
The 4th Amendment plays no role in a verbal encounter which classified as Tier what?
Tier 1 ( No ARS / No PC )
When the evidence would have been seized through some legal means or found anyways, hypothetically is called what?
Inevitable Discovery Exception
Why does the good faith exception NOT apply in Georgia?
Because of 17-5-30
Motion to suppress evidence illegally seized
What are the 4 exceptions to the exclusionary rule?
Good faith
Independent source
Inevitable discovery
Purged taint
What does the exclusionary rule prohibit?
Introduction
Testimony
Derivative
The case where the exclusionary rule has been applied to state and local officers is called what?
Mapp vs. Ohio
What does “2” represent in the 2-3-4 rule ?
ARS- Articulable reasonable suspension
PC - probable cause
Constitution plays no roll in which Tier?
Tier 1
Arrest without probable cause is what?
Illegal
PC is basis for any ____________ or ___________?
Legal Search or Legal Arrest
What is the purpose of the exclusionary Rule ?
To deter police misconduct; to control the behavior of law enforcement
You develop probable cause through your what ?
Senses - see, hear, smell, feel etc.
What is the 1st case that the exclusionary rule was used ( federal government only)
Weeks vs. U.S.
Evidence the is illegally obtained will not be admissible in court is called what?
Exclusionary Rule
Exclusionary Rule only applied to ____________ and is illegal conduct by __________ agents?
Federal
What is the case that struct down the silver platter doctrine ?
Wolf vs. Colorado
Describe the silver platter doctrine
Federal agents handing state/ local police officers evidence
Describe fruit of the poisonous tree
“ if the evidence is poisonous, everything attached is poisonous “
What does “ 3” represent in the 2-3-4 Rule?
3 ways to communicate - police/ citizens
- Consentual= both agree to communicate ( verbal)
- Brief detention= field interview, Terry stops ( Tier 2) MUST HAVE ARS
- Arrest ( Tier 3) noncustodial - MUST HAVE PC
PC is the basis for a legal ______ or _______.
Arrest
Search
First case where the Exclusionary Rule was applied?
U.S. V. Weeks
Which U.S. Supreme Court decision struck down the Silver Platter doctrine?
Wolfe V. Colorado
Which exception to the Exclusionary Rule does not apply in Georgia?
The Good Faith Exception
Why does the Good Faith Exception NOT apply in Georgia?
17-5-30 Motion to Suppress
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
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
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
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.
In the police/citizen encounter the 4th Amendment plays no role.
Tier 1- Verbal/Consensual
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
The government termination of movement through means intentionally applied defines what?
Seizure
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
Elements of an arrest
Intent
Seizure
Communication & Understanding
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
Where do Officers get their power to arrest?
Title 35, The POST Act
True/False
During an arrest a citizen may respond with physical violence towards the officer if the arrest by the officer is unlawful.
True
According to 17-4-26, an arrested person must be brought before a judge within…
72 Hours
What are the two parts of any warrant?
Command
Affidavit
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.
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
An Officer may develop Probable Cause by:
Senses
An Officer may obtain PC from other Officers, Dispatchers, BOLOs, etc… This is known as?
Collective Knowledge
The minimum amount of legal authority needed to conduct a lawful traffic stop is…
Articulable Reasonable Suspicion (ARS)
True/False
The Exclusionary Rule was created to keep illegally seized items.
False- It was established to deter police misconduct.
True/False
Until the Mapp V. Alabama decision the Exclusionary Rule only applied to Federal Officers.
False- Mapp V. Ohio
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
You have to have probable cause to do what?
Legal Search & Legal Arrest
What is evidence illegally obtained that will not be admissible in court
Exclusionary Rule
Probable Cause is the basis for what?
Arrest, Search & Seizure
What is the first case where the exclusionary rule was applied?
Weeks V. U.S.
What case struck down the Silver Platter Doctrine?
Wolfe V. Colorado
The case where the Exclusionary Rule has been applied to state and local Officers?
Mapp V. Ohio
The Exclusionary Rule only applies to who?
The Government
What does the Exclusionary Rule prohibit?
Introduction, Testimony, and Derivative
What are the exceptions to the Exclusionary Rule
The Good Faith Exception
The Inevitable Discovery Exception
The Independent Source Exception
Purged-Taint Exception
Evidence legally seized and which provided an independent basis for the discovery of the challenged evidence is called?
Independent Source Exception
What is it when the evidence would have been seized through some legal means or “found anyways”; hypothetically?
Inevitable Discovery Exception
The size and nature of an object when conducting a search is called what?
The Scope
In a Tier 1, a verbal encounter or the communication between police and citizens involves no what?
Coercion Or Detention
The 4th Amendment plays no role in what type of encounter?
Tier 1 encounter
A brief seizure must be supported by what?
ARS
An arrest must be supported by what?
PC
An arrest should be thought of as a ______ of events.
Process
Government termination of movement through means intentionally applied describes what?
Seizure
Describe an Actual Seizure
Physical Force
Describe Constructive Seizure
Show of Authority
When can a custodial arrest, with/without a warrant be made?
Presence of Officer
Immediate Knowledge
Trying to Escape
Family violence has occurred
What instances can a non-custodial arrest be made?
Presence of Officer
Info from another Officer
Result of Motor Vehicle Accident
What is an example of a non-custodial arrest?
Traffic Ticket
For an arrest to be legal, all 3 elements have to be what?
Present
An arrest should be thought of as a process of what?
Events
What Amendment covers an arrest?
4th
What does the Independent Source exception require?
Evidence is obtained legally
Is an arrestee required to sign a UTC?
Yes
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
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
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
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
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
The members of both Houses shall be free from what during sessions of the general assembly or committee meetings thereof?
Arrest
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
What case established guidelines for stop and frisk?
Terry V. Ohio
Questions unrelated to the Stop are only unlawful if they what?
Extend the duration of the initial Seizure
A Frisk is justified when you have ARS for what?
Armed/Dangerous; Safety of Others; Commission of a crime
A temporary investigative detention of an individual, short of an arrest is defined as what?
Investigatory Stop
While conducting a plain feel, the contraband must be _____ _____?
Immediately Apparent
What are two reasons for a search?
Discover Weapons
Prevent destruction of evidence
Officer Safety is not an issue if the suspect is what?
Under Control
A search incident to a lawful arrest applies only to what kind of arrest?
Custodial Arrest
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
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
No warrant or PC is required for a _____ _____?
Protective Sweep
True/False
Any search that goes beyond the immediate area of a protective sweep requires reasonable suspicion?
True
What kind of line-up is the only line-up where a suspect can have a lawyer present?
Physical Line-up
Interception of illegal aliens, sobriety checks, verification of drivers licenses, emergencies, and seeking information are legitimate purpose of what?
Roadblocks
The area surrounding and associated with the home is called?
Curtilage
The pat down of an individuals outer clothing to determine he is carrying a weapon is better known as?
Frisk
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.
What ruling established the Lunge wingspan search incident to arrest inside a home?
Chimel V. California
2 reasons for a search are?
Discover Weapons
Prevent the destruction of Evidence
Legitimate purposes of roadblocks can consist of?
Interception of illegal aliens Sobriety Checks Verification of drivers Licenses check Emergency Checkpoints Seeking Information checkpoints
A vehicle search is lawful when you have what?
PC Movable Vehicle Abandoned Property Car is impounded search incident to arrest
What case changed the standard of informant reliability to “totality of circumstances” standard?
Illinois V. Gates
A search warrant must be executed in how many days?
10 days
What type of arrest is described as a “ticket with no trip to jail”
Non-custodial
What type of arrest is described as “going to jail”
Custodial
What is a person under investigation for participation in a crime?
Suspect
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
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
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
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
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
