Legal process Flashcards
Under what circumstances can a police officer seek a warrant if alcohol or drug impairment is suspected in vehicular assault cases?
If a physician refuses to draw a blood sample due to the defendant’s resistance.
When can an officer contact a judge after an emergency disagreement with Pretrial Services?
Only after obtaining the duty judge’s permission by phone.
What should an officer do if a District Court judge denies a warrant request?
The officer cannot present the same case to another District Court judge unless it’s a new case or new significant information is acquired.
How should an officer proceed before going to a judge’s home or location?
They must contact the District Court clerk’s office for authorization and instructions.
What information must be provided by an officer seeking a warrant to avoid ‘John Doe’ warrants?
Name, sex, race, approximate age.
Can an officer apply for a warrant based solely on computerized license plate registration data?
No, officers shall not apply for warrants solely based on this data.
When can an officer search a vehicle without a warrant?
- Reasonable belief of a weapon inside
- Probable cause of evidence
- Other exceptions
What must happen before the Fayette County Attorney’s Office can initiate a criminal case?
A police report must be filed first.
How long does it usually take for police reports to be finalized and available to the Fayette County Attorney’s Office?
Three days.
What steps are involved for a person to file a criminal complaint against an adult suspect?
Appointment scheduling with prosecutor at Fayette District Court.
Where should a person go to file a criminal complaint against a juvenile suspect?
Administrative Office of the Courts, Court Designated Worker (CDW).
What qualifies as emergencies for applying for emergency criminal complaints?
Life-threatening situations, domestic violence, immediate violent crimes.
Define ‘subpoena duces tecum’.
A subpoena ordering a person to bring documents to court.
Who is authorized to release Lexington Police Department documents as per the course notes?
Official custodian and Open Records Unit employees.
What should an employee do upon receiving a subpoena duces tecum?
Submit a request for assistance via the chain of command.
What powers of arrest does a police officer possess when assisting in another county in Kentucky?
The same powers of arrest as possessed in their own county.
Under what circumstances can detectives assigned to a federal task force leave their county?
They can leave the county via their assignments.
When can a law enforcement agency transfer a prisoner from another county based on a Fayette County warrant?
Only on rare occasions with supervisory approval.
What information must a uniform citation contain when serving a criminal summons without having the physical document?
Charges, court case number, date, time, and location of appearance.
How should an officer update eWarrants after serving a criminal summons using an MDC or desktop?
Enter the service in eWarrants, print, sign, and turn in the criminal summons.
What must officers do if they have served an arrest warrant or criminal summons but have no knowledge of the case?
Notate in the narrative section of the uniform citation.
In what circumstances can an officer conduct searches without a warrant?
Exigent circumstances or special circumstance searches.
When serving an arrest warrant, how much of the subject and surrounding area can an officer search?
The entire person and nearby area accessible to the subject.
