Exam 3 Flashcards
Dealing with court of criminal appeals
Is given final appellate and review jurisdiction in criminal cases and determinations shall be final
Seizure of contraband seizure of property subject to forfeiture may be made without a warrant under what circumstances
The owner-operator knowingly consents to search, the seizure was an incident to a lawful arrest
What does county courts have jurisdiction over?
Original jurisdiction of all misdemeanors
What does municipal court have jurisdiction over
Municipality in all criminal cases
Complaint definition
The affidavit made before the magistrate or district or county attorney
What crimes can an officer arrest for w/o a warrant ?
Any
May a municipal peace officer accept bail in a misdemeanor case ?
Yes when ever the court is on vacation
Shall a search warrant be issued on probable cause, what can a search warrant be issued for
(No) Not unless sufficient facts are first present to satisfy probably cause
Affidavit definition according to black law
A written statement confirmed by oath or affirmation, for use of evidence in court
Capias definition
A writ ordering the arrest of a named person
Racial profiling definition
A law enforcement-initiated action based on an individual’s race, ethnicity or national origin
Terry VS Ohio
4th Amendment. Two guys looking into a store window. A cop sees them and searched them. the cop finds gun on him and takes him to jail.
Elements of arrest
Intent, Authority, Actual seizure , understanding
Brown VS Texas
4th Amendment. Was in a high drug area brown passed by another guy and cops thought he was buying drugs. cop stops brown searches him and takes him to jail for not identifiying himself.
Arrest definition
A person is arrested when he has been actually placed under restraint or taken into custody by an officer.
Elements of temporary detention ( Resonab…Suspi…b.a pea.. of….. that ill…. acti…. have o….. )
Reasonable suspicion by a peace officer that illegal activity have occurred, suspicious activity, the officer may conduct an interview to find out if anything illegal is happening.
When is the search of a vehicle permissible on consent or reasonable suspicion.
Carroll doctrine. A warrantless search of a motor vehicle if the officer has resonable probable cause.
Fruit of the poisonous tree doctrine and case
4th amendment .. not allowing any evidence obtained by police that have violated the offender’s constitutional rights.
Where does open field begin versus curtilage with residences and searches.
An open field begins where the curtilage surrounding a dwelling ends
Curtilage definition and where open field begins
Area of open space surrounding a dwelling which is so immediately adjacent to the dwelling that it is considered part of the house.
Can a roommate consent to the search of their room and a common area ?
Roommates- their rooms and the common area
Can a principal of a school search a students locker that is locked.
Yes
Exigent circumstances definition
An emergancy requiring immediate medical or police assistance, the imminent destruction of evidence that is easily lost or destroyed, the presence of dangerous weapons
What developed in the large cities as the entire cj system begin to develop in NY, Boston and philadelphia
Curruption
