Fourth Am. Principals: Arrest Search and Seizure

Question 1

Fourth am

Answer 1

people should be free from unreasonable searches and seizures and that there must be probable cause for the warrant

Question 2

search

Answer 2

intrusion upon persons legit and reasonable expectation of privacy by gov.

Question 3

seizure

Answer 3

gov. excercises control over person or item

Question 4

seizure of person

Answer 4

under totality of circumstances, a reasonable person would feel that he was not free to decline the officer’s request or otherwise terminate the encounter.

Question 5

arrest

Answer 5

when police take person in to custody against her will for prosecutional pruposes or interrogations

Question 6

an arrest must be

Answer 6

based on probable cause - trustworthy facts or knowledge sufficient for reasonable person to believe the suspect commited this offense

Question 7

reasonable expectation of privacy test

Answer 7

1) what measures has the person taken to protect their privacy? 2) measures in which society is prepared to recognize as adequete

Question 8

valid warrant requirement

Answer 8

1) issued by neutral and detatched mag 2) supported by prob cause and particularity 3) properly executed

Question 9

what happens when the warrant is not valid

Answer 9

did the police officer rely on defective warrant in good faith? may be fine

Question 10

When can a guilty plea be withdrawn

Answer 10

the court MAY permit a guilty plea to be withdrawn prior to sentencing

If good cause is shown the court MUST permit a guilty plea to be withdrawn

Question 11

probable cause hearing - can evidence be used?

Answer 11

substantive evidence from probable cause hearing may not come in at trial

Question 12

felonies

Answer 12

offenses punishable by death or incarceration in a state correctional facility for a period exceeding one year

Question 13

when can bail be modified

Answer 13

showing of good cause, provided the state give defense counsel at least three hours notice

Question 14

post conviction release - when can it be granted?

Answer 14

may not be granted to one who has been convicted of felony and has not had civil liberties restored

Question 15

what motion should the court grant if someone was convicted of an offense for which they could not be convicted of under the indictment or information

Answer 15

must grant a motion to arrest the judgment

Question 16

when is a defendant not allowed to take a depo

Answer 16

if the person was performing only a ministerial function in the case

Question 17

which motions can be raised at any time

Answer 17

motion to dismiss bc no material facts in dispute, the defendant has been pardoned, previously has been placed in jeapordy of the same charge, has been granted immunity

Question 18

what is not a exceptional circumstance permitting extension of speedy trial

Answer 18

general congestion in court docket system

Question 19

what are some good cause reasons

Answer 19

case is complex, unexpected unavailability of necessary witness, accomodation of co-defendant when there is no reason to sever

Question 20

what are speedy trial rights out of state?

Answer 20

no speedy trial rights

Question 21

incompetency - how long until dismiss?

Answer 21

if at any time after five years following the determination of incompetency in a felony case, the court determines remains incomp, it must dismiss all charges without prejudice - can still file any time in the future if gains competency

Question 22

what must you provide in discovery

Answer 22

recipricol - both must present names and addresses of defense witnesses expected to be called, statements of defense witnesses, reports of experts, or other papers to be used at trial

Question 23

does florida recognize battered wife?

Answer 23

yes

Question 24

how long does a defendant who pleads guilty have to file a motion to withdraw after sentence

Answer 24

30 days after rendition of the sentence on the grounds of sentencing error

Question 25

Violation of condition of probation - what can court do

Answer 25

allow probation to continue even if the violation occured, revoke probation and sentence him to any sentence that could have originally been charged with prior to probation, or modify the terms and conditions but allow him to stay out on probation

Question 26

when must a status hearing be held

Answer 26

must be held no later than 90 days after the matter is assigned to the judge

Question 27

a motion for postconviction relief must be made within how many years of final judgement

Answer 27

two years if noncapital case, within one year of capital case in which death sentence has been imposed

this deadline can be extended for certain allegations like newly discovered eviodence that established fundamental consitional rights, sentence imposed exceeded max, o r really any good cause showing