FA5.2 Flashcards
What is considered the head of the federal judicial system?
U.S. Supreme Court
The State Supreme Court can be less restrictive than the U.S. Supreme Court. T or F?
False. They can be more restrictive but not less.
First Amendment
Freedom of religion, speech, press, assembly, and petition
Fourth Amendment
Search and Seizure AND Places a neutral judge between citizens and government AND Probable cause
Fifth Amendment
Protection against self-incrimination, requires grand jury indictment, prohibits double jeopardy, due process
Sixth Amendment
Speedy and public trial, impartial jury, knowledge of charges against you, assistance of counsel, compulsory process to obtain witnesses, confrontation with witnesses against you
A grand jury indictment is required for?
1st, 2nd, 3rd, and 4th degree crimes
Eighth Amendment
Prohibits excessive bail AND cruel and unusual punishment
Bars the admissibility of evidence acquired in violation of constitutional rights and there is no good faith exception
Exclusionary rule
Probable cause…….
is never precisely defined….is more than mere suspicion but less than beyond a reasonable doubt… has an objective reasonableness standard
What are some law enforcement sources of probable cause?
5 senses of the officer, police reports/radio transmission, police investigations
What are some non-law enforcement sources of probable cause?
Victims/witnesses, informants, anonymous tips
If sources of probable cause are non-law enforcement, what are two important factors?
1) veracity (truthfulness) of the source must be established 2) Source’s ‘basis of knowledge’ must be known
If source for probable cause is from an anonymous tip and they choose to remain anonymous, then…
Can’t act of solely the tip. There is no presumption of reliability.
Arrest
It is a seizure, substantial physical interference with one’s liberty, resulting in apprehension/custodial detention
If you’re chasing a suspect on foot is this considered a seizure?
Yes, in the state of NJ
De Facto Arrest
Being under arrest without there actually being a lawful reason to justify it — ILLEGAL
Does the validity of the arrest depend on whether or not a crime was committed?
No, an acquittal does not mean it was an illegal arrest
What is the procedure for an arrest without a warrant?
1) Preparation of complaint 2) Issuance of process
What is the procedure for an arrest with a warrant?
1) Complaint summons (taken to HQ, fingerprinted, processed, court date) 2) Complaint warrant (call judge; either makes it out or county jail)
Complaint Summons (CDR-1)
Directs defendant to appear before the court at a time/place
Complaint Warrant (CDR-2)
Given for a number of serious offenses (i.e., murder, kidnapping, robbery, manslaughter, sexual contact/assault, conspiracy, anything with possession or use of a firearm, 1st or 2nd degree CDS crimes)
Arrest with a warrant
Probable cause made by neutral judge —- Police should obtain a warrant whenever possible
Outstanding warrant
Once a warrant’s issued, must make the arrest - no discretion in making an arrest when there is a known outstanding warrant
What’s needed for a warrantless arrest for an indictable crime?
Probable cause
What’s needed for a warrantless arrest for a DP/PDP offense?
Probable cause and has to have been committed in the officer’s presence
Does admitting to an offense by the suspect satisfy the “in the officer’s presence” requirement?
Yes.
What are the only 3 crimes that DO NOT need to be committed in the officer’s presence to merit an arrest?
1) DV 2) Theft of library materials 3) Shoplifting
A warrantless arrest for municipal ordinance violation requires:
Probable cause, in presence of officer, breach of peace
For arrests regarding violation of Title 39 statutes, need:
Probable cause, in presence of officer, danger to the community if suspect released (if suspect not arrested right now, is he a danger to the community)
Qualified immunity
Police generally have immunity if acting in good faith and under color of authority
Bail must be set…
Within 12 hours…..superior court judge can set bail for any offense
First appearance….
Within 72 hours after arrest if in custody…advised of charges, right to remain silent, attorney
Who has immunity from arrest
Members of congress (while in session, unless it’s a very serious crime)….Members of state legislatures, foreign diplomats (ministers, ambassadors & their families)
1) Are citizens required to carry i.d.?
2) Are citizens required to present i.d. upon request?
3) Are citizens required to answer any and all questions for any reason?
1) No 2) No, unless it’s a motor vehicle stop 3) No, but if they do speak they cannot lie
What is the order of ‘invasiveness’ in the following matters?….terry frisk, arrest, field inquiry, investigatory stop (terry stop)
Field inquiry, investigatory stop (terry stop), terry frisk, arrest
Describe a Field inquiry
Convo between a P.O. and a citizen, no articulable suspicion needed, no restraint of persons movement, completely voluntary
What can a P.O. do during a field inquiry?
Approach a person on street or public place, Ask questions (if they’re willing to answer), Ask to examine i.d.
If a person sees you in your patrol vehicle and starts running away, can you pursue?
No, flight alone isn’t enough
Warrant check…what’s needed?
Reasonable and articulable suspicion that the person stopped for investigation is the one named in the warrant
If you pull over for failing to stop at a stop sign, may you run a warrant check?
Yes. What you CAN’T do is issue the ticket for the stop sign THEN run the warrant check.
If your field inquiry is escalated to a frisk, you may search for any contraband. T or F?
False. Terry frisks are only for weapons. May not lift the person’s shirt - can only pat around outer surface of clothing and what’s felt must be noticeable a weapon of some sort. CANNOT squeeze pockets. This is known as the Plain Field Doctrine.
For a terry stop, need:
Reasonableness + articulable suspicion
In a terry stop, you don’t need a certain crime. What you need is criminal activity. T or F?
True.
A hunch, generalized description, or presence in a high crime area are…
Not enough to justify a terry stop.
In a mv stop, can only ask occupant if there is a…
Heightened awareness of danger
Reasonable force
May be used when there is reasonable suspicion a person is involved in criminal activity
What constitutes a search?
When it intrudes on a reasonable expectation of privacy…does not apply to civilians conducting searches (i.e. your significant other searching your phone)
A warrantless search is Prima Facie Invalid, which is?
At face value is considered invalid
Without a warrant, the burden is on the ?
Prosecutor - presumptively invalid
With a warrant, the burden is on the ?
Defendant - presumptively valid
3 Search Warrant requirements
1) Based on probable cause 2) Supported by oath or affirmation 3) Describe place to be searched and persons/things to be seized
Probable is/must:
the minimal requirement for a reasonable search, lead to finding evidence NOW
Must knock and announce with a
Knock and Announce SW
For a no-knock SW, need:
Reasonable, particularized reason that it’s needed, why a knock and announce SW would be a hindrance
Return of a SW shall…
Be made promptly with an inventory of seized items
AG Directive 2002-2
Go through a DESIGNATED Assistant County Prosecutor, then when approved go to a judge…once a SW is executed/approved do NOT discuss with non-law enforcement
Challenging a warrant aka
Frank’s Hearing
