Legal Guidelines Flashcards
WEAPONS IN VEHICLES
A person —— year of age or older may posses a concealed firearm within the interior of a private conveyance without a concealed weapons permit if the firearm is ——- ——- or other wise not readily available for immediate use.
18 years
Securely encased
TRESPASS
How long is a trespass after warning good for?
Four months
Anything longer may not hold up in court Melton v state
RENTALS
Can I search a motor vehicle without consent or probable cause if the motor vehicle is a rental car and the sole occupant driver is not on the rental agreement.
NO
Byrd v US
ARREST
The apprehension or taking into custody of an alleged offender in order that he may be brought into the proper court to answer for a crime.
Gustafson v State
ARREST
The elements of arrest , purpose and intention, actual or constructive seizure, communication by arresting officer, the understanding of person whose arrest is sought.
Clark v state
An arrest is not complete until it has been communicated to the person being arrested.
Chaney v state
Failure to appear in court for misdemeanors are called———-.
Bench warrants
Failure to appear in court for felonies are called ———.
Alias Capias
Failure to appear in court for juveniles are called ——-.
Pick up orders
Probable cause for an arrest exists where the facts and circumstances within their knowledge and of which they had reasonable trustworthy information are sufficient in themselves to warrant a man of reasonable caution in the belief that an offense has been or is being committed.
Jenkins v state
These factors establishing probable cause are the most important because these factors must establish probable cause prior to making the formal arrest.
Pre arrest factors
A bondsman also referred to as a ——- is legally considered to have custody of defendant who has been released from law enforcement custody on bail.
Surety
Is a principle of international law by which certain foreign government officials are not subject to jurisdiction of local courts and other authorities for both their official and to a large extent, personal activities.
Diplomatic immunity
Highest level of privileges and immunities. May not be handcuff, arrested or detained and neither property nor residence searched. Family has same privileges .
Diplomatic agents
They have the same privileges as diplomatic agents.
Members of administrative and technical staff
Only have official acts of immunity. Family had no privileges.
Members of Service staff
Only have official acts of functional immunity in respect of both criminal and civil matters, and their personal inviolability is quite limited. May be arrested or detained pending trial only if offense is a felony. Can also be prosecuted for misdemeanors.
Counselor officers
Why are the three types of identification cars issued by the US Department of State?
Diplomatic-blue border
Official- green border
Consular- red border
To prove the state must show defendant loitered or prowled in a place at a time or manner not usual for law abiding individuals and such loitering were under circumstances that warrant a justifiable and reasonable alarm or immediate concern for safety of persons and property.
D.J.E v State
The alarm is presumed if the defendant flees, conceals himself or an object or refuses to identify himself when law enforcement appears. The defendant must engage in unusual and suspicious criminal conduct which comes close to but falls short of actual commission or attempted commission of a substantive crime.
B.J v State
To prove first element the state must establish that the defendant engaged in incipient criminal behavior which law abiding people do not usually engage in due to the time place, or manner of conduct involved.
E.C v State
A mere vaguely suspicious presence is insufficient to satisfy this element.
E.F v State
The failure to provide identification or an explanation to police are not elements of L and P.
W.D v State
As established by law Miranda warnings must be given prior to any questions being asked which would dispel the officer’s alarm as the questioning would be considered custodial.
Driscoll v State
Body worn camera records must be retained for a period of ——- days.
90
When a cell phone connects to a cell site for signal to make or receive calls or test message it generates a time stamp called —————.
CSLI - cell site location information
An officer may not enforce a court order issued by another state or jurisdiction unless the court order has been —————- and a ———— issued by a court in jurisdiction.
Domesticated
Break order
If respondent is refusing to release custody of a child pursuant to court order, the office must have this in order to enter a structure to enforce court order.
Break order
Who is in charge of a precinct?
Precinct Clerk
How far from the polling place must people who are soliciting remain?
150 ft
Does a poll deputy have arrest powers?
No, so let to maintain order at the polls.
This act states that the handling, preparation, and ritual slaughter of livestock is not a crime.
Humane slaughter Act
Hemp
Officers should not make a probable cause arrest for a cannabis related offense until there is a certified lab or field test result showing that the substance has a THC level higher than ____.
0.3
Generally occurs within a few hours after the offense, based on the rationale that an immediate confrontations permits the police to determine whether they have the actual offender and if not to continue their search for him and promptly release the innocent person.
Confrontation
It is suggested that, in vast majority of cases the observation of the suspect should not be conducted more that four hours after the crime occurred.
Time constraint
When conducting this advise the suspect of his right to counsel, if necessary. Do not proceed until the suspect has either intelligently waived his right to counsel or has counsel present. The Supreme Court has ruled that a post indictment ———— is a “critical stage” in criminal proceedings that necessitates the presence of counsel on the defendant’s behalf.
Lineups
A suspect has no right to counsel at a ——————- regardless of whether the display is conducted prior to indictment or post indictment.
Photographic display
This encounter involves only minimal police contact, and during this encounter a citizen may either voluntarily comply with police officers request or choose to ignore them.
Consensual encounter or a police citizen encounter
During this stop an officer may reasonably detain a citizen temporarily if the officer has a reasonable suspicion that the person has committed, is committing or is about to commit a crime.
Investigatory stop or Terry stop
Involves the general rule that—————- seizures are reasonable only based on probable cause to believe that the individual has committed a crime.
Fourth Amendment
Under law self help repossessions are lawful if they can be accomplished without————
A breach of the peace
Risk protection orders can restrict an individual access to their firearms for period between ———days up to ——- months.
14 days
12 months
A receipt identifying all firearms must be given to the respondent and within _______ hours the officer serving the order shall file the original receipt with the court.
72 hours
