Law Flashcards
More than a “mere hunch” speculation or guess. it is a strong suspicion based upon articulable facts or circumstances that a crime has been, is being or is about to be committed.
Reasonable Suspicion
The possession of information that would lead a person of ordinary care and prudence to believe or entertain an honest and strong presumption that a person has, is or is about to commit a crime.
Probable Cause
More Likely than not the evidence is true and/or the defendant is responsible.
Preponderance of the Evidence
The evidence is highly and substantively more likely to be true then untrue. It is a “high probability” a particular fact is true or untrue.
Clear and convincing
With the presumption of innocence, the burden of proof rests with the State to prove the defendant guilty. This burden of proof must be?
Beyond a reasonable doubt
The 3 types of encounters between law enforcement officers and citizens and the required burden of proof
- Voluntary/Consensual = No 4th Amendment
- Temporary Detention = Reasonable Suspicion
- Arrest (Custody) = Probable Cause
A person is seized within the meaning of the Fourth Amendment if the officer restrains the person’s liberty by one of the following means:
(1) a show of authority resulting in actual submission by the suspect;
(2) application of physical force to the suspect’s body;
(3) application of physical force to the suspect’s body with intent to restrain that person
6 factors indicating that a seizer has occurred:
- Use of emergency lights
- Use or display of weapons
- Physical touching by the officer
- Number of officers present
- Verbal commands and/or non-verbal messaging
- Blocking of exits or pathway
The ________________ must be brief and no longer than is reasonably necessary to effectuate the purpose of the stop.
Length of Detention
During an investigatory stop officers must use the least intrusive means reasonably available to confirm or dispel their suspicions in a short period of a time.
Scope of the Intrusion
A de facto arrest, which is not supported by Probable cause, is:
Unlawful
3 prongs for a Terry Stop and Frisk
- The officer has reasonable, articulable suspicion that the suspect has been, is, or is about to engage in criminal activity.
- the officer reasonably believes that the suspect is armed and presently dangerous;
- the officer has an immediate concern for the safety of himself or others.
8 Factors supporting armed and dangerous
- Bulges in suspect’s clothing resembling a weapon
- Encounter happens late at night
- Encounter happens in a high crime area
- Individual makes threatening or furtive movements
- Appearing nervous or agitated
- Appearing under the influence of alcohol/drugs
- Unwilling to cooperate and/or attempt to flee
- Reputation of being dangerous
Do Handcuffs mean a person is immediately under arrest?
No
When is Miranda warning required?
When a person is in custody/Arrested and being asked self-incriminating questions.
Is Miranda required while a person is placed under temporary detention?
No
What are the 4 warnings provided to citizens in reference to Miranda?
1) Right to remain silent.
2) Anything you say may be used against you in court
3) Right to an attorney
4) If you cannot afford an attorney, one will be appointed
The 3 rules to determine applicability of the 5th Amendment per Miranda.
1) Government actor
2) Custody
3) Interrogation
When a person is formally arrested OR had their freedom restrained to a degree associated with a formal arrest; and personally be aware of their lack of freedom or reasonably believe it exists.
Custody
No waiver can be valid unless the suspect first ______________ the Miranda advisements.
Understands
In order to be valid, a suspect’s Miranda waiver must be:
- Voluntary (not coerced)
- Knowing (understood)
- Intelligent
When can a citizen invoke the right to remain silent.
At any time.
The suspect’s invocation of Miranda rights must be:
Unambiguous (clear) and Unequivocal (obvious)
Evidence obtained in violation of the Fourth Amendment’s protection against unreasonable search and seizure could not be used against a person in federal court.
Exclusionary Rule
Weeks v. U.S.
Evidence is also excluded from trial if it was gained through evidence uncovered in an illegal arrest, unreasonable search, or coercive interrogation.
Fruit of the poisonous tree
Silverthorne Lumber Co.
U.S. Supreme Court ruled the exclusionary rule, applies not only to the federal government, but also to the states.
Mapp v. Ohio
Silver Platter Doctrine
When police officers arrest a person at home, they cannot search the entire home without a warrant, but they may search the area within the immediate reach of the person.
Chimel v. California
search incident to a lawful arrest
3 exceptions to the Fruit of the Poisonous Tree Doctrine:
(1) There was an independent source for the evidence,
(2) The discovery of the evidence was inevitable.
(3) The police executed the search/seizure with a good faith
4 questions to determine applicability of the 4th Amendment
1) Is there a reasonable expectation of privacy?
2) Is there a search?
3) Is there a seizure?
4) Is it the government?
An officer may conduct a warrantless search of an automobile when:
- The officer has Probable Cause to believe that the automobile contains contraband or evidence of a crime,
- The automobile is Readily mobile.
The consenting party must have what authority over the property to be searched?
Actual & Apparent
Is an officer required to advise an individual of his right to refuse consent?
No
Consent may be manifested by:
Words, Gestures, or Conduct
Consent to search must be given _________ & _________ and the consenting party must have proper AUTHORITY over the area to be searched.
freely & voluntary
The stop and detention of a suspect is justified if the officer has
Reasonable Suspicion
An arrest is taking a person into custody in a case and in the manner authorized by law.
I.C. 19-601
Definition of Arrest
An arrest is made by an actual restraint of the person of the defendant, or by his submission to the custody of an officer.
I.C. 19-602
Manner of Arrest
When can an officer make an arrest?
I.C. 19-603
- For a public offense committed or attempted in his presence.
- When a person arrested has committed a felony, although not in his presence.
- When a felony has in fact been committed and he has reasonable cause for believing the person arrested to have committed it.
- On a charge made, upon a reasonable cause, of the commission of a felony by the party arrested.
- At night, when there is reasonable cause to believe that he has committed a felony.
What state article address the 4th Amendment for search and seizures?
Article 1 Section 17
Private citizen can arrest per I.C. 19-604 for:
- A public offense committed or attempted in his presence.
- When the person arrested has committed a felony, although not in his presence.
- When a felony has been in fact committed, and he has reasonable cause for believing the person arrested to have committed it.
Idaho code that addresses: information to person arrested
I.C. 19-608
Idaho code that addresses: What force may be used
I.C. 19-610
Idaho code that addresses:
Procedure upon arrest without warrant
I.C. 19-615
What is the statute of limitations on misdemeanors?
1 year after commission
What is the statute of limitations for ‘general’ felonies?
5 years after commission
List the criminal offenses in which there is NO statute of limitations
- Murder
- Voluntary manslaughter
- Certain types of rape
- Sex abuse/Lewd Conduct w/ Child
- Acts of Terrorism
What happens to the statute of limitations if the defendant has left the State of Idaho?
Statute is “tolled” - which means it stops until defendant is back in Idaho
For felony warrants the arrest may be made
any day, and at any time of the day or night
Arrest shall not be made inside a person’s residence between 8:00 p.m. and 8:00 a.m., unless upon the direction of the magistrate for what kind of warrant?
Misdemeanor
What is the federal statute that is often used to hold officers and their employing agencies civil liable for making a false arrest?
42 U.S.C. 1983
The crime for an invalid arrest under I.C. 18-703 and 18-290 is a:
Misdemeanor
What are the 3 rights an arrested person has under the 5th Amendment and the 1 Right under the 8th Amendment.
- Remain Silent (5th)
- An Attorney (5th)
- Counsel (5th)
- Reasonable bail (8th)
What Idaho statute defines crime?
I.C. 18-109
An act committed or omitted in violation of a law forbidding or commanding it.
What Idaho statute provides the definition of felony?
I.C. 18-111 & 18-111A
What Idaho statute provides the definition of Accessory?
someone who did not know of the crime beforehand
I.C. 18-205
What Idaho statute provides the definition of Principal?
I.C. 18-204
What are the 5 Elements of a Crime?
- Name
- Date
- Location
- Act
- Intent
Definition of Principal
(Aider, Abettor, or Accomplice)
All person concerned in the commission of a crime, whether they directly commit the act or aid/abet in its commission.
Idaho code for Attempted crime?
18-306
Person who attempts to commit any crime, but fails, or is prevented or intercepted in the perpetration thereof
Idaho code for Conspiracy to commit a crime.
I.C. 18-1701
Elements for Conspiracy:
- Two or more person
- Agree to commit the crime
- Overt act by one of the persons
Idaho Code for Solicitation of a crime:
I.C. 18-2001
definition of “deprive” per Idaho Code 18-2402
to withhold permanently or for such an extended period of time that a major portion of its economic value is lost; or dispose of it so that it is unlikely to ever be found.
What does “prima facie” evidence mean?
It is “evidence on it’s face” shift the burden to prove the concealment was not willful.
what is the difference between Robbery and
Theft?
Robbery requires a taking by “Force or Fear”.
What is the difference between a misdemeanor and a felony in this statute?
Fraudulent Use of a Financial Transaction Card
$300 or less = Misdemeanor
More than $300 = Felony
What is the difference between a misdemeanor and a felony per this statute?
Malicious Injury to Property – Idaho Code 18-7001
for it to be a felony the damages must exceed $1000
What is the difference between an infraction, misdemeanor and felony per this statute?
Criminal Trespass – Idaho Code 18-7008
Infraction – No damage to property and trespasser leaves when asked
Misdemeanor – Trespasser does not leave and/or damage
to property in any amount is caused.
Felony – Two prior misdemeanor offenses within 10 years and damage is greater than $1000.
How is “battery” different from “assault” under Idaho Code?
Battery includes some form of “offensive touching” whereas assault there is no touching.
What is the main difference between the definition of Homicide and Manslaughter per Idaho Code?
Homicide includes “malice aforethought”
Manslaughter without “malice”
Elements for:
Justifiable Homicide
Idaho Code 18-4009
- Resisting attempted
- In defense of habitation
- Defense of a family member in imminent danger
- Apprehending a felon
Elements for:
Justifiable Homicide by Officer
Idaho Code 18-4011
- Obedience to any Judgment by a competent court.
- Reasonably necessary in overcoming actual resistance to some legal process.
- Preventing escape or rescue of inmates.
Elements for:
Excusable Homicide
Idaho Code 18-4012
- Accident or misfortune in doing lawful act by lawful means and without unlawful intent.
- Accident and misfortune in heat of passion sudden or upon sudden combat when no undue advantage was taken nor any dangerous weapon used and when killing is not cruel or unusual
4 types of Idaho courts
- Supreme Court
- Court of Appeals
- District Court
- Magistrate Court
3 types of Federal courts
- Supreme Court
- Court of Appeals
- District Court
What’s the structure of a:
Preliminary hearing
Defense can cross examine
Open to public
Judge determines probable cause
What’s the structure of a
Grand Jury
No Judge
No Defense
Done in secret
Jury decideds probable Cause
What is the difference between a jury trial vs bench trial?
Who decideds the facts at the trial.
Jury or Judge
How many jurors in a Misdemeanor case?
6
How many jurors in a Felony case?
12
How many jurors required to find “Guilty” or “not Guilty”?
All of them
How many jurors required to “hang” a jury?
1
12 Stages of a Criminal Trial
- Pretrial Motions
- Jury Selection
- Pretrial Instructions
- Opening Statement
- State’s Case-in-Chief
- Defense Case-in-Chief
- Rebuttal
- Final Jury Instructions
- Closing Arguements
- Jury Deliberation
- Publication of Verdict
- Sentencing
3 types of evidence an officer may later use in court.
- Tangible
- Testimonial
- Demonstrative
What must all evidence be?
Admissible
Relevant, Competent, Legally Obtained
What burden of proof is required to issue an arrest warrant?
Probable Cause
Who may execute (serve) an arrest warrant?
Any Peace Officer
How long does an officer have to execute and return a search warrant?
Within 14 days of issuance
What 3 items must be returned to the issuing court?
- A verified Return
- Inventory of property taken
- The search warrant itself
Who may issue a search warrant?
Magistrate Judge (district judge can)
