Legal Guidelines Flashcards

1
Q

what are the names for the three separate warrant types

A

Misdemeanor- Bench Warrant
Felony Alias Capias
Juvenile arrest- Take and hold

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2
Q

At what point and under which case is an arrest considered “Complete”?

A

when it is communicated to the person being arrested.

Channey V State

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3
Q

The elements of an arrest are spelled out in which court case

A

Clark V State

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4
Q

What is Jenkins v State

A

Establishes the arrest of an individual based on probable cause and the totality of the circumstances

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5
Q

what is the highest level of diplomatic immunity

A

Diplomatic agents (ambassadors/ ministers)

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6
Q

what are the three colors issued by dept of the state for foreign

A

Blue for diplomats
Green for officials
red for consular

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7
Q

What court case held that an individual maintains a legitimate expectation of privacy in the records of his physical movements as captured through cell phone data and requires a warrant for above information.

A

Carpenter V U.S.

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8
Q

What does Section 1983 of Title 42 U.S. code cover

A

Civil rights

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9
Q

Which court case deals with civil rights

A

Marshall V Sawyer

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10
Q

What section of Title 18 deals with criminal liability under US Code

A

Section 242

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11
Q

Florida V Jardines

A

A warrant must be obtained to use a drug sniffing dog on the front porch or curtilage of a home

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12
Q

US V Jones

A

Warrant is needed to place a GPS onto a vehicle while on private land

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13
Q

According to FSS 102.031 how far must solicitors be away from polling places

A

150 feet

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14
Q

Blandin V State

A

requires drivers to request reinstatement after having driving privileges revoked

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15
Q

Stovall V Denno

A

Involves taking a victim to a hospital for a show up of a suspect

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16
Q

A suspect has no right to counsel at a photographic display regardless of whether the display is conducted prior or post indictment

A

Kirby V Illinois

U.S. V ASh

17
Q

Wong Sun V U.S

A

Fruits of the poisonous tree

18
Q

Florida V Jimeno

A

Lawful search of closed containers found during a consent to search a vehicle

19
Q

Fernandez V Caliornia

A

Warrantless search with consent of an occupant who possess common authority over the premises even if the other occupant objected but is physically absent from the premise.

20
Q

Items may be seized in plain view without a warrant

A

Minnesota V Dickerson and Horton V California

21
Q

Which case law gives an officer the ability to temporarily detain someone based on reasonable suspicion

A

Terry V Ohio

22
Q

Reasonable suspicion to stop someone who runs from police for an investigative detention in a high crime area

A

Illinois V Wardlow

23
Q

Search incident to arrest

A

Chimel V California

24
Q

Arizona V Gant

A

No longer viable for search incident to arrest when suspect is physically separated from any possible weapon or destructible evidence

25
Warrantless searches of cell phone outside exigent circumstances is illegal based on what two court cases
Riley V California and Smallwood V State
26
Mincey V Arizona
A warrantless search is permitted when officers reasonably believe that contraband or evidence may be destroyed or removed before a search warrant can be obtained.
27
Warden V Hayd
fresh/ hot pursuit to enter a private property pursuing a felon
28
Hilton V State
Cracked windshield must endanger the drivers vision or a safety risk
29
Kansas V Glover
Officer allowed to stop vehicle using reasonableness standard that considers the totality of the circumstances in regards to stopping a vehicle. Cop stopped car without seeing register owner in vehicle and he was expired
30
Trespass warnings are valid how long in Florida
4 months Melton V State