Procedural Law

Question 1

Mere Conversation

Answer 1

Questioning of a persons without any restraint on their liberty

Question 2

Stop

Answer 2

a temporary restraint of a person’s liberty by a peace officer lawfully present in any place. Not an arrest

Question 3

_____ to place a person under actual or constructive restraint or to take a person into custody for the purpose of charging that person with an offense

Answer 3

arrest

Question 4

Procedural laws

Answer 4

laws that guide our procedures
your authority to do what you do

Question 5

Terry v. Ohio

Answer 5

officers may detain a suspect if there is a reasonable suspicion that: a crime has occurred, a crime is occurring, a crime is about to occur

Question 6

an external patting of a person’s outer clothing

Answer 6

frisk

Question 7

there is substantial objective basis for believing that more likely than not an offense has been committed and a person to be arrested has committed it

Answer 7

Probable Cause

Question 8

PCI

Answer 8

• the police are present
• custody and compelling circumstances
• the police are going to interrogate

Question 9

Test for voluntariness

Answer 9

totality of circumstances

Question 10

A defendant’s waiver of Miranda rights must be

Answer 10

voluntary, knowing, intelligent

Question 11

Contents of a search warrant

Answer 11

• dated and addressed to the officer authorized to execute it
• the identity of the issuing judge and date
• name of the person to be searched, or the location and designation of the place to be searched
• the things constituting the object of the search and authorized to be seized
• the period of time not to exceed 5 days, after execution within which the warrant must be returned