Criminal Procedure Quiz 2

Question 1

OCGA 17-4-20 Authorization of deadly force by peace officers.

What are the three Ps?

Answer 1

1. Possesses a deadly weapon
2. Poses an immediate threat
3. Probable cause of a forcible felony

Question 2

OCGA 16-10-24 Obstruction of law enforcement officer

What is the difference between misdemeanor and felony obstruction?

Answer 2

Individual threatens or actually inflicts physical violence against an officer.

Question 3

Where does a peace officer’s power of arrest obtained from?

Answer 3

A peace officer’s power of arrest is obtained from Georgia statutory law, Title 35 of Ga code (The POST Act

Question 4

What are additional ways to gain Portable cause?

Answer 4

1. NCIC/GCIC printouts
2. Radio communications
3. Flyers/bulletins

Question 5

What are the two parts to any warrant (arrest or search warrant)

Answer 5

1. Affidavit (sworn statement)
2. Command (order of the court)

Question 6

The time frame that an arrestee must be brought before a magistrate (arrested with a warrant) is ___ hours according to OCGA 17-4-26.

Answer 6

72

Question 7

What are the four primary SCOTUS elected to use when reviewing use of force?

Answer 7

1. Severity of the crime
2. Immediate threat to officer and/or others
3. Actively resisting arrest
4. Attempting to evade arrest by flight

Question 8

In addition to these primary factors, the court will consider other objective factors to include but not limited to:

Answer 8

1. Number of suspects vs number of officers
2. Size, age, weight
3. Duration of the action
4. Known psychiatric history
5. Known previous violent history
6. Use of alcohol and/or drugs
7. Presence of innocent bystanders
8. Time of day

Question 9

Remember, force must be viewed using the ______________________ at the moment force was used, without the benefit of _____________________.

Answer 9

1. totality of the circumstances

2.20/20 hindsight

Question 10

The objective of force by officers is to ______, _______, or __________ control of an individual.

Answer 10

1. gain
2. regain
3. maintain

Question 11

OCGA 17-5-1 details four instances in which an officer may search without a warrant:

Answer 11

1. To protect the officer from attack
2. To prevent escape
3. To locate fruits of the crime
4. For other evidence of the crime

Question 12

The scope of this search incident to arrest is limited to:

Answer 12

1. The person under arrest
2. The area which an arrestee might have access to grab a weapon or destroy evidence. This area is commonly referred to as the “wingspan” of said person under arrest.

Question 13

This search may take place at the time of arrest and again at the jail. Any other search may/will require a _______________.

Answer 13

search warrant

Question 14

According to Chimel v California (1969), an officers has two justifications for performing a search incident to arrest

Answer 14

1. Discover weapons
2. Prevent destruction of evidence

Question 15

Define search:

Answer 15

A government intrusion into a place where a person has a reasonable expectation of privacy.

Question 16

___________________ established the standard of reasonable expectation of privacy. Reasonable expectation of privacy exists in a place where someone exhibits an actual expectation of privacy that society recognizes as reasonable.

Answer 16

Katz v United States:

Question 17

Warrantless searches are illegal unless:

Answer 17

1. With consent
2. Incident to lawful arrest
3. Presence of exigent circumstances

Question 18

________________ eliminates the need for probable cause or the necessity of obtaining a warrant.

Answer 18

Valid consent

Question 19

The time frame that an arrestee must be brought before a magistrate (arrested without a warrant) is ___ hours.

Answer 19

48