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
Q

Warrantless searches of cell phone outside exigent circumstances is illegal based on what two court cases

A

Riley V California and Smallwood V State

26
Q

Mincey V Arizona

A

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
Q

Warden V Hayd

A

fresh/ hot pursuit to enter a private property pursuing a felon

28
Q

Hilton V State

A

Cracked windshield must endanger the drivers vision or a safety risk

29
Q

Kansas V Glover

A

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
Q

Trespass warnings are valid how long in Florida

A

4 months Melton V State