Procedural Law Flashcards
defines how law enforcement can treat suspects, not what activities are ______?
Illegal
laws by which a crime may be charged are __________ law?
substantive
what constitutional amendment governs police-citizen encounters?
fourth amendment
three levels of police-citizen encounters?
mere conversation/stop/arrest
what is the Oregon equivalent of Terry v. Ohio?
ORS 131.605
(stop and Frisk)
what is the burden of proof for a violation?
Probable cause
What is the burden of proof for a crim?
Reasonable Suspicion
what things constitute reason for reading the Miranda rights?
police/custody/interrogation
subjective assessment based on specific, objective articulable facts
reasonable suspicion
words/actions on the part of the police that police should know are likely to elicit an incriminating response.
interrogating
statements freely given that are not in response to a question by police
voluntary statement
A statement by the accused of
facts pertinent to an issue proving
the accused’s guilt.
admission
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
confession
A confession by itself is not
sufficient to warrant the
conviction of the defendant
without some other proof that
the crime has been committed
corroboration
waiver of rights requires what three elements?
voluntary / knowing / intelligent
waiver of rights cannot be inferred from ________
silence
under article 1, section 9 of the Oregon Constitution, what three reasons can you conduct a warrantless SIA?
-officer’s safety,
and/or prevent escape
-prevent destruction of
evidence
-discover evidence relevant
to the crime for which the
defendant is being arrested.
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
exigent circumstances
search incident to arrest must be reasonable in what three things?
time. scope. intensity
If the person consents, then the officer must make sure there is a _____-, ______-,or ______ that the person gave informed and voluntary consent to search.
written, video, or audio record
officer is outside of a protected space and
lawfully looking inside
Open view
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.
plain view
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.
ORS 131.615
officer must stop searching once consent is revoked, also, officer must tell subject that they have right to not consent.
oral affidavits for a warrant must be _______?
audibly recorded