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2C > FA5.2 > Flashcards

FA5.2 Flashcards

1
Q

What is considered the head of the federal judicial system?

A

U.S. Supreme Court

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2
Q

The State Supreme Court can be less restrictive than the U.S. Supreme Court. T or F?

A

False. They can be more restrictive but not less.

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3
Q

First Amendment

A

Freedom of religion, speech, press, assembly, and petition

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4
Q

Fourth Amendment

A

Search and Seizure AND Places a neutral judge between citizens and government AND Probable cause

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5
Q

Fifth Amendment

A

Protection against self-incrimination, requires grand jury indictment, prohibits double jeopardy, due process

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6
Q

Sixth Amendment

A

Speedy and public trial, impartial jury, knowledge of charges against you, assistance of counsel, compulsory process to obtain witnesses, confrontation with witnesses against you

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7
Q

A grand jury indictment is required for?

A

1st, 2nd, 3rd, and 4th degree crimes

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8
Q

Eighth Amendment

A

Prohibits excessive bail AND cruel and unusual punishment

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9
Q

Bars the admissibility of evidence acquired in violation of constitutional rights and there is no good faith exception

A

Exclusionary rule

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10
Q

Probable cause…….

A

is never precisely defined….is more than mere suspicion but less than beyond a reasonable doubt… has an objective reasonableness standard

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11
Q

What are some law enforcement sources of probable cause?

A

5 senses of the officer, police reports/radio transmission, police investigations

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12
Q

What are some non-law enforcement sources of probable cause?

A

Victims/witnesses, informants, anonymous tips

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13
Q

If sources of probable cause are non-law enforcement, what are two important factors?

A

1) veracity (truthfulness) of the source must be established 2) Source’s ‘basis of knowledge’ must be known

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14
Q

If source for probable cause is from an anonymous tip and they choose to remain anonymous, then…

A

Can’t act of solely the tip. There is no presumption of reliability.

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15
Q

Arrest

A

It is a seizure, substantial physical interference with one’s liberty, resulting in apprehension/custodial detention

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16
Q

If you’re chasing a suspect on foot is this considered a seizure?

A

Yes, in the state of NJ

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17
Q

De Facto Arrest

A

Being under arrest without there actually being a lawful reason to justify it — ILLEGAL

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18
Q

Does the validity of the arrest depend on whether or not a crime was committed?

A

No, an acquittal does not mean it was an illegal arrest

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19
Q

What is the procedure for an arrest without a warrant?

A

1) Preparation of complaint 2) Issuance of process

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20
Q

What is the procedure for an arrest with a warrant?

A

1) Complaint summons (taken to HQ, fingerprinted, processed, court date) 2) Complaint warrant (call judge; either makes it out or county jail)

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21
Q

Complaint Summons (CDR-1)

A

Directs defendant to appear before the court at a time/place

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22
Q

Complaint Warrant (CDR-2)

A

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)

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23
Q

Arrest with a warrant

A

Probable cause made by neutral judge —- Police should obtain a warrant whenever possible

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24
Q

Outstanding warrant

A

Once a warrant’s issued, must make the arrest - no discretion in making an arrest when there is a known outstanding warrant

25
Q

What’s needed for a warrantless arrest for an indictable crime?

A

Probable cause

26
Q

What’s needed for a warrantless arrest for a DP/PDP offense?

A

Probable cause and has to have been committed in the officer’s presence

27
Q

Does admitting to an offense by the suspect satisfy the “in the officer’s presence” requirement?

A

Yes.

28
Q

What are the only 3 crimes that DO NOT need to be committed in the officer’s presence to merit an arrest?

A

1) DV 2) Theft of library materials 3) Shoplifting

29
Q

A warrantless arrest for municipal ordinance violation requires:

A

Probable cause, in presence of officer, breach of peace

30
Q

For arrests regarding violation of Title 39 statutes, need:

A

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)

31
Q

Qualified immunity

A

Police generally have immunity if acting in good faith and under color of authority

32
Q

Bail must be set…

A

Within 12 hours…..superior court judge can set bail for any offense

33
Q

First appearance….

A

Within 72 hours after arrest if in custody…advised of charges, right to remain silent, attorney

34
Q

Who has immunity from arrest

A

Members of congress (while in session, unless it’s a very serious crime)….Members of state legislatures, foreign diplomats (ministers, ambassadors & their families)

35
Q

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?

A

1) No 2) No, unless it’s a motor vehicle stop 3) No, but if they do speak they cannot lie

36
Q

What is the order of ‘invasiveness’ in the following matters?….terry frisk, arrest, field inquiry, investigatory stop (terry stop)

A

Field inquiry, investigatory stop (terry stop), terry frisk, arrest

37
Q

Describe a Field inquiry

A

Convo between a P.O. and a citizen, no articulable suspicion needed, no restraint of persons movement, completely voluntary

38
Q

What can a P.O. do during a field inquiry?

A

Approach a person on street or public place, Ask questions (if they’re willing to answer), Ask to examine i.d.

39
Q

If a person sees you in your patrol vehicle and starts running away, can you pursue?

A

No, flight alone isn’t enough

40
Q

Warrant check…what’s needed?

A

Reasonable and articulable suspicion that the person stopped for investigation is the one named in the warrant

41
Q

If you pull over for failing to stop at a stop sign, may you run a warrant check?

A

Yes. What you CAN’T do is issue the ticket for the stop sign THEN run the warrant check.

42
Q

If your field inquiry is escalated to a frisk, you may search for any contraband. T or F?

A

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.

43
Q

For a terry stop, need:

A

Reasonableness + articulable suspicion

44
Q

In a terry stop, you don’t need a certain crime. What you need is criminal activity. T or F?

A

True.

45
Q

A hunch, generalized description, or presence in a high crime area are…

A

Not enough to justify a terry stop.

46
Q

In a mv stop, can only ask occupant if there is a…

A

Heightened awareness of danger

47
Q

Reasonable force

A

May be used when there is reasonable suspicion a person is involved in criminal activity

48
Q

What constitutes a search?

A

When it intrudes on a reasonable expectation of privacy…does not apply to civilians conducting searches (i.e. your significant other searching your phone)

49
Q

A warrantless search is Prima Facie Invalid, which is?

A

At face value is considered invalid

50
Q

Without a warrant, the burden is on the ?

A

Prosecutor - presumptively invalid

51
Q

With a warrant, the burden is on the ?

A

Defendant - presumptively valid

52
Q

3 Search Warrant requirements

A

1) Based on probable cause 2) Supported by oath or affirmation 3) Describe place to be searched and persons/things to be seized

53
Q

Probable is/must:

A

the minimal requirement for a reasonable search, lead to finding evidence NOW

54
Q

Must knock and announce with a

A

Knock and Announce SW

55
Q

For a no-knock SW, need:

A

Reasonable, particularized reason that it’s needed, why a knock and announce SW would be a hindrance

56
Q

Return of a SW shall…

A

Be made promptly with an inventory of seized items

57
Q

AG Directive 2002-2

A

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

58
Q

Challenging a warrant aka

A

Frank’s Hearing

2C (11 decks)

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