Post Arrest Obligations Flashcards
1
Q
3 circumstances where a SA can enforce state law:
A
- arrests for outstanding state felony warrants
- assisting state or local law enforcement officers
- arrests for serious violent crimes
2
Q
prompt presentment
A
- requires LEO to take the arrestee to a magistrate judge WITHOUT UNNECESSARY DELAY.
3
Q
prompt presentment of juvi’s
A
- take to magistrate FORTHWITH
4
Q
6 hour rule:
A
- “INITIATION” of taking the statement has to be done within 6 hours of arrest.
- unless the delay is reasonable
5
Q
48 hour rule:
A
- if you don’t get a defendant to the magistrate within 48 hours of criminal arrest, courts deem it as an illegal arrest.
6
Q
if a foreign national’s country is on the list of mandatory notification:
A
- notify the countries nearest consular officials, without delay, of the arrest
- tell the foreign national that you are making this notification.
7
Q
Brady rule:
A
- must provide evidence that is favorable to the accused.
8
Q
Giglio rule:
A
- govt must disclose information that bears adversely on the credibility or bias of a GOVERNMENT WITNESS.
9
Q
Henthorn rule:
A
- must produce personnel files of ALL LAW ENFORCEMENT WITNESSES whom it intends to call at the trial…….
- for evidence of perjurious conduct or other like dishonesty for impeachment purposes.
10
Q
Jencks rule:
A
- the govt. must disclose any statements or reports made by a government witness.
- ex: sworn statement, ROI
11
Q
what is a critical stage?
A
- starts at the time of:
- formal charging
- preliminary hearing
- indictment
- information
- arraignment
12
Q
Confrontation clause:
A
- in all criminal prosecutions, the accused shall enjoy the right to be confronted with the witness against him.
13
Q
crawford rule:
A
- testimonial statements of witnesses absent from trial will be admitted only where the declarant is UNAVAILABLE, and only where the defendant has had a PRIOR OPPORTUNITY TO CROSS EXAMINE.
