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Criminal Procedures > Midterm > Flashcards

Midterm Flashcards

1
Q

What is the judicial hierarchy in the federal government?

A

US Supreme Court
US Circuit Court of Appeals
US District Court

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2
Q

What are the requirements of a lawful arrest?

A

Probable cause is always needed; sometimes an arrest warrant is needed as well

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3
Q

When is an arrest warrant not needed?

A

Murders, felonies, or misdemeanors which occur in the officer’s presence. Exceptions include theft, DUI, domestic assault, and scattering rubbish on the highway.

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4
Q

What does an officer need in order to arrest a defendant in his/her home?

A
  1. probable cause to arrest
  2. probable cause to believe the defendant is in the home
  3. an arrest warrant unless there are exigent circumstances, or the officers have consent to enter the home
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5
Q

What happens when there is a disagreement of when the defendant was arrested?

A

The court will determine the exact point in time at which the arrest occurred by looking to the reasonable impression conveyed to the arrestee.

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6
Q

Who can approve a search warrant?

A

Only judges with jurisdiction over the place to be searched may approve a warrant.

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7
Q

What can an officer search for during the execution of a warrant?

A
  1. contraband - property that is unlawful
  2. property designed or intended to be used for a crime
  3. mere evidence which will aid in a particular conviction
  4. fruits of a crime: what the defendant gained through criminal activity
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8
Q

What items can an officer seize that are not listed on a warrant?

A

Officers can seize items not named in the warrant if he is where he is allowed, looking where he is allowed to look, and it is immediately apparent that the item is a subject to seizure.

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9
Q

T/F A Dwelling may be guarded against entry (if the officer has probable cause to search) until the search warrant arrives.

A

True

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10
Q

T/F The defendant has the right to an attorney present during the execution of the search warrant

A

False

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11
Q

When may an officer forego the “knock and announce” ?

A
  1. the officers have a reasonable belief the occupants are fleeing
  2. the officers have a reasonable belief the occupants are destroying evidence
  3. no one is home
  4. the occupants refuse to let the officers in
  5. knocking and announcing would endanger the officer’s lives
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12
Q

What is hearsay?

A

An out of court statement offered by someone other than the person testifying or speaking, and offered the truth of the matter arrested.

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13
Q

What was the ruling in Terry v. Ohio?

A

A police officer may temporarily stop, detain, and question an individual, if the officer can point to specific and articulate facts that lead him to reasonably suspect that criminal activity is afoot.

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14
Q

When may an officer frisk a suspect according to Terry v. Ohio?

A

If the officer can point to specific and articulate facts that lead him to reasonably suspect that the individual may be armed and dangerous, he may perform a carefully limited search of the outer clothing.

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15
Q

What was the ruling of Minnesota vs. Dickerson?

A

An officer may seize objects which from their “plain feel” give rise to probable cause to believe that they are unlawfully possessed.

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16
Q

What was the ruling in Chimel vs. California?

A

Incident to a lawful custodial arrest, officers may search the arrestee and the area within his reach or control in order to protect the officer’s and others in the area, and to preserve evidence.

17
Q

What can an officer search for incident to custodial arrest?

A

Incident to a lawful custodial arrest, officers can search for anything. They do not need probable cause to search and they don’t have to have an object or a class of objects in mind.

18
Q

What was the ruling in Arizona v. Gant and Comm. v. White?

A

Police may search a vehicle incident to a recent occupant’s arrest only if the arrestee is within reaching distance of the passenger compartment at the time of the search or it is reasonable to believe that the vehicle contains evidence of the offense of the arrest.

19
Q

What is the reason to inventory a vehicle?

A

To record the items that have come into the possession of the police for protection from false civil suits, and keeps the officers safe.

20
Q

What are the requirements for the plain view doctrine?

A
  1. the officer must have legal jurisdiction to be in a constitutionally protected area
  2. the officer must be looking where he is allowed to look
  3. it must be immediately apparent that the object is subject to seizure
21
Q

What two things must be proven in order to lawfully search by consent?

A

The consent must be voluntary and given by one who has authority to consent.

22
Q

What level of proof is needed to prove the consent was voluntary; had the authority to consent

A

clear and convincing evidence; preponderance of evidence

23
Q

What test does the court use in order to determine where the consent was voluntary?

A

Totality of the Circumstances Test

24
Q

What was the ruling of Carroll v. US?

A

If officers have probable cause to search a vehicle may do so without a search warrant, but the scope of the search will be dictated by the probable cause.

25
Q

True or False: an officer may enter into fenced and posted “open fields” without a search warrant and without probable cause to conduct a search

A

True: the court has held that there is no enforceable expectation of privacy in these “open fields” even if they are fenced, locked, and posted.

26
Q

T/F Officers may not fly in navigable airspace over private property to conduct a search without a search warrant and without probable cause.

A

False; police can even use highly sophisticated photogenic equipment from the air to gather evidence, without a warrant and without a probable cause.

27
Q

What is expectation of privacy at the border?

A

Individuals have a lesser expectation of privacy at the border, and some cases hold that citizens have no enforceable expectation of privacy at the nation’s borders.

28
Q

What is the Patriot Act?

A

Act that permits the FBI to issue NSL’s requiring people, businesses, and institutions to turn over information about individual and client activity upon demand.

29
Q

What is the Foreign Intelligence Surveillance Act?

A

Authorizes electronic surveillance of phone calls and communications for the purposes of collecting foreign intelligence only upon approval of a FISA judge

30
Q

What branch of government has the power to suspend the writ of habeas corpus?

A

Legislative or Congress

31
Q

The writ of habeas corpus is used when a defendant is in jail to do what three things?

A

Ask that bail be set
ask that bail can be reduced
to appeal a conviction

32
Q

What are the two competing interests that the US supreme court must weigh when deciding a criminal case?

A

if it infringes Constitutional rights

the public safety

33
Q

What is the 4th amendment?

A

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

34
Q

What is the two word synonym for due process?

A

Fundamental fairness

35
Q

What kind of jury does the sixth amendment specifically promise?

A

An impartial jury

36
Q

What are the courts responsible for in the original jurisdiction?

A

they resolve issues of fact and law

37
Q

What are the levels of proof?

A
  • mere encounter
  • reasonable suspicion
  • probable cause
  • prima facie case
  • preponderance of evidence
  • clear and convincing evidence
  • beyond a reasonable doubt
38
Q

Is an arrest warrant needed for murders, felonies, or misdemeanors which occur in the officer’s presence?

A

No, warrants are generally only needed for past misdemeanors.

39
Q

What do you need to arrest a defendant in his/her own home?

A

Probable cause to arrest; probable cause to believe the defendant is home; an arrest warrant

Criminal Procedures (2 decks)

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