Procedural Law

Question 1

defines how law enforcement can treat suspects, not what activities are ______?

Answer 1

Illegal

Question 2

laws by which a crime may be charged are __________ law?

Answer 2

substantive

Question 3

what constitutional amendment governs police-citizen encounters?

Answer 3

fourth amendment

Question 4

three levels of police-citizen encounters?

Answer 4

mere conversation/stop/arrest

Question 5

what is the Oregon equivalent of Terry v. Ohio?

Answer 5

ORS 131.605
(stop and Frisk)

Question 6

what is the burden of proof for a violation?

Answer 6

Probable cause

Question 7

What is the burden of proof for a crim?

Answer 7

Reasonable Suspicion

Question 8

what things constitute reason for reading the Miranda rights?

Answer 8

police/custody/interrogation

Question 9

subjective assessment based on specific, objective articulable facts

Answer 9

reasonable suspicion

Question 10

words/actions on the part of the police that police should know are likely to elicit an incriminating response.

Answer 10

interrogating

Question 11

statements freely given that are not in response to a question by police

Answer 11

voluntary statement

Question 12

A statement by the accused of
facts pertinent to an issue proving
the accused’s guilt.

Answer 12

admission

Question 13

A statement by the accused
disclosing his guilt of the crime
with which he is charged and
excluding the possibility of
reasonable inference to the
contrary

Answer 13

confession

Question 14

A confession by itself is not
sufficient to warrant the
conviction of the defendant
without some other proof that
the crime has been committed

Answer 14

corroboration

Question 15

waiver of rights requires what three elements?

Answer 15

voluntary / knowing / intelligent

Question 16

waiver of rights cannot be inferred from ________

Answer 16

silence

Question 17

under article 1, section 9 of the Oregon Constitution, what three reasons can you conduct a warrantless SIA?

Answer 17

-officer’s safety,
and/or prevent escape
-prevent destruction of
evidence
-discover evidence relevant
to the crime for which the
defendant is being arrested.

Question 18

a
situation that requires the police to
act swiftly to prevent danger to life
or serious damage to property, or to
forestall a suspect’s escape or the
destruction of evidence

Answer 18

exigent circumstances

Question 19

search incident to arrest must be reasonable in what three things?

Answer 19

time. scope. intensity

Question 20

If the person consents, then the officer must make sure there is a _____-, ______-,or ______ that the person gave informed and voluntary consent to search.

Answer 20

written, video, or audio record

Question 21

officer is outside of a protected space and
lawfully looking inside

Answer 21

Open view

Question 22

officer is lawfully is inside of a protected
space and sees contraband in that place. In this
case the officer does not need a warrant to seize
that contraband.

Answer 22

plain view

Question 23

A peace officer who reasonably suspects that a person has committed or is about to commit a crime may stop the person and, after informing the person that the peace officer is a peace officer, make a reasonable inquiry.

Answer 23

ORS 131.615
officer must stop searching once consent is revoked, also, officer must tell subject that they have right to not consent.

Question 24

oral affidavits for a warrant must be _______?

Answer 24

audibly recorded

Question 25

search warrants MUST be executed between what hours? how many days do you have?

Answer 25

0700-1000 (unless you ask for nighttime execution for a articulable reason/5 days

Question 26

arrest warrants are not valid unless the arrestee is in his or her own location.

true or false?

Answer 26

True

Question 27

for a waiver of Miranda, the person waiving rights must meet three criteria. they are?

Answer 27

knowing, intelligent, voluntary