important stuff from block Flashcards
probable cause
A reasonable belief, based on specific facts and circumstances, that a crime has been committed or that evidence of a crime can be found in a particular location. It is a higher standard than mere suspicion but lower than certainty or proof beyond a reasonable doubt.
It is more than a mere suspicion but falls short of the level of certainty required for a conviction
reasonable suspicion
A belief, based on specific and articulable facts, that criminal activity may be afoot. It is a level of suspicion that is less than probable cause but more than a mere hunch or guess. Law enforcement officers may stop and briefly detain an individual if they have reasonable suspicion that the person is involved in criminal activity or poses a threat to public safety.
prima facia
Prima facie evidence refers to evidence that, on its face, appears to be sufficient to establish a particular fact or element of a case. It is evidence that, if uncontested or uncontradicted, can serve as proof of a fact.
1.identify the person
2. Make sure the crime happened
CIVIL CASES: In civil litigation, a plaintiff is required to establish a “prima facie case” to proceed with a lawsuit. This means that the plaintiff must present enough initial evidence or facts that, if accepted as true, would support their legal claim. If a prima facie case is successfully presented, the burden of proof may shift to the defendant to rebut the claim.
investigatory detainment
must know they are detained and free to leave after investigation is over
briefly detain an individual if they have reasonable suspicion that the person may be involved in criminal activity. This type of stop is a limited intrusion on an individual’s freedom of movement and is subject to specific legal standards to ensure it does not violate an individual’s Fourth Amendment rights.
Purpose: The primary purpose of an investigatory detention is to allow law enforcement officers to confirm or dispel their suspicions of criminal activity. It is not an arrest, and the detained individual is not necessarily under arrest at this stage.
Consent: While consent is not required for a Terry stop, if an individual voluntarily consents to a search or further questioning, the officers may proceed accordingly. However, consent must be freely and voluntarily given.
Scope of Search: Officers may conduct a limited pat-down search for weapons if they have reasonable concern for their safety. However, a full-blown search of the person or their belongings typically requires either consent or probable cause.
custodial detention
refers to the act of taking an individual into physical custody or confinement by law enforcement authorities. When someone is in custodial detention, they are typically not free to leave, and their freedom of movement is restricted. Custodial detention can occur in various contexts, including during arrests, while in police custody, or when someone is held in a detention facility, such as a jail or prison.
Arrest: Custodial detention often begins with an arrest. When law enforcement officers have probable cause to believe that an individual has committed a crime, they may take that person into custody by physically restraining them, placing them in handcuffs, and informing them of their rights (e.g., the Miranda rights).
Miranda Rights: While in custody, individuals must be informed of their Miranda rights, which include the right to remain silent, the right to an attorney, and the warning that anything they say can be used against them in court.
Interrogation: Law enforcement officers may question individuals in custody, but the individual has the right to remain silent and the right to have an attorney present during questioning.
Booking: After an arrest, the individual is typically taken to a police station for booking, which involves the recording of personal information, taking photographs (mugshots), and sometimes fingerprinting.
What should all arrests be based on
probable cause
Some probable cause considerations
can consider every fact that is know to him through his senses, including hearsay.
what do they do at preliminary arraignment
sets bond
read rights
inform the defendant of the charges against them
Notification of Future Court Dates: The defendant is provided with information about their next court appearance, which is typically the preliminary hearing
what do they do at preliminary hearings
During the preliminary hearing, the prosecution presents evidence to demonstrate that there is probable cause to believe that a crime was committed and that the defendant committed the crime
cross-examine the prosecution’s witnesses.
what happens at pretrial
Discovery: Both the prosecution and defense engage in discovery, which involves the exchange of evidence and information relevant to the case. This includes witness statements, documents, physical evidence, and any other evidence that may be used at trial.
Pretrial Motions: Either party (the prosecution or defense) may file pretrial motions to address legal issues or evidence matters. Common pretrial motions include motions to suppress evidence obtained unlawfully, motions to dismiss charges, and motions to compel evidence from the other party.
Plea Negotiations: The prosecution and defense may engage in plea negotiations to reach a plea agreement. A plea agreement typically involves the defendant agreeing to plead guilty to certain charges in exchange for reduced charges, a lighter sentence, or other concessions. Many criminal cases are resolved through plea agreements during the pretrial phase.
what happens at a formal arraignment
defendant is formally informed of the charges against them and is asked to enter a plea to those charges.
Reading of the Charges: At the formal arraignment, the defendant is presented with the specific criminal charges filed against them. The charges are read aloud in court, and the defendant is informed of the nature and seriousness of the charges.
Notification of Rights: The defendant is reminded of their constitutional rights, including the right to remain silent, the right to an attorney, and the right to a fair trial. If the defendant cannot afford an attorney, the court may inquire about their eligibility for court-appointed counsel, commonly known as a public defender.
Entering a Plea: The defendant is asked to enter a formal plea to the charges. The three common pleas are:
Guilty: The defendant admits to the charges and accepts responsibility for the alleged offenses.
Not Guilty: The defendant denies the charges and maintains their innocence, indicating that they wish to contest the charges and proceed to trial.
No Contest (Nolo Contendere): The defendant neither admits nor denies the charges but accepts the punishment as if they were found guilty. This plea is less common and may have specific legal consequences.
Beyond a Reasonable Doubt
Beyond a Reasonable Doubt: This is the highest standard of evidence used in criminal cases. It means that the prosecution must prove its case to the extent that there is no reasonable doubt in the minds of the jurors that the defendant committed the crime. It is a very high threshold to meet, and if there is any reasonable doubt, the defendant should be acquitted.
No Alternative Explanation: It requires that the evidence excludes any reasonable alternative explanation or hypothesis of innocence. In other words, the jury must be convinced that the defendant’s guilt is the only logical conclusion based on the evidence.
RULE 519 PROCEDURE IN COURT CASES INITIATED BY ARREST WITHOUT
WARRANT
PRELIMINARY ARRAIGNMENT
(1) Except as provided in paragraph (B), when a defendant has been arrested
without a warrant in a court case, a complaint shall be filed against the defendant
and the defendant shall be afforded a preliminary arraignment by the proper
issuing authority without unnecessary delay.
(2) When a preliminary arraignment is conducted by advanced communication
technology pursuant to Rule 540(A), the defendant shall be taken to an advanced
communication technology site that, in the judgment of the arresting officer, is
most convenient to the place of arrest without regard to the boundary of any
magisterial district or judicial district.
(B) RELEASE
(1) The arresting officer shall promptly release from custody a defendant who
has been arrested without a warrant, rather than taking the defendant before the
issuing authority, when the following conditions have been met:
(a) the most serious offense charged is a misdemeanor of the second
degree or a misdemeanor of the first degree in cases arising under 75
Pa.C.S. § 3802; (DUI)
(b) the defendant poses no threat of immediate physical harm to any
other person or to himself or herself; and
(c) the arresting officer has reasonable grounds to believe that the
defendant will appear as required.
(2) When a defendant is released pursuant to paragraph (B)(1), a complaint
shall be filed against the defendant within 5 days of the defendant’s release.
Thereafter, the issuing authority shall issue a summons, not a warrant of arrest,
and shall proceed as provided in Rule 510.
warrantless arrests
any thefts
felony in view or probable cause someone commited it
same with misdemeanor (use rule 519)
domestic violence (rule 2711)
pfa violations
megans law offenders
breach of peace
