Procedural Law

Question 1

What are the 3 different encounters between police officers and citizens?

Answer 1

Mere Conversation/Mere Encounter- Questioning without any restraint of liberty, which requires no justification.

Stop- A temporary restraint of a person’s liberty justified by reasonable suspicion

Arrest- Justified only by probable cause.

Question 2

What did Terry v Ohio find?

Answer 2

An officer may detain a suspect on reasonable suspicion that:

• A crime has occurred
• Is occurring
• About to occur

It also found that an officer may frisk a stopped person FOR WEAPONS if:
-Criminal activity may be afoot and the officer believes the stopped individual may be armed and presently dangerous.

Question 3

What are the 2 mandatory arrests in DV situations?

Answer 3

• An assault has occurred between “family or household members”
• one such person has placed the other in fear of imminent serious physical injury. (menacing)

Question 4

When should a person be advised of their Miranda rights?

Answer 4

PCI
The police are PRESENT
the police take the suspect into CUSTODY
the police are going to INTERROGATE

Question 5

What is admission?

Answer 5

A statement by the accused of facts pertinent to an issue and tending, in connection with proof of other facts to prove the accused’s guilt.

Question 6

What is a confession?

Answer 6

a statement by the accused disclosing his guilt of the crime.

Question 7

What is corroboration?

Answer 7

a confession or admission of a defendant, whether in the course of judicial proceedings or otherwise. cannot be given in evidence against the defendant when it is made under the influence of fear produced by threats nor is a confession only sufficient to warrant the conviction of the defendant without some other proof that the crime has been committed.

Question 8

Under Miranda, a defendants waiver of rights must be:

Answer 8

• voluntary
• knowing
• intelligent

Question 9

Unless otherwise authorized, a search warrant shall be executed between the hours of:

Answer 9

7:00AM and 10:00 PM and within 5 days of issuance.

Question 10

When can a search warrant provide advance authority for police to enter without knocking?

Answer 10

IT CANT.

Determination of the need to forgo knocking and announcing can only be made at the time of entry.

Question 11

If a search warrant affidavit is based in whole or in part on hearsay…

Answer 11

the affidavit shall set forth facts bearing on any unnamed informant’s RELIABILITY and shall disclose, as far as possible, the means by WHICH THE INFORMATION WAS OBTAINED.

Question 12

What are the 3 valid justifications that a police officer may search a subject incident to arrest?

Answer 12

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

Question 13

What is the automobile Exception?

Answer 13

automobiles that have been lawfully stopped (must be mobile before being stopped) may be searched without warrant when police have probable cause to believe that the automobile contains contraband or crime evidence.

Question 14

Standardized criteria or established routine governing inventories must limit an officer discretion in what 2 ways?

Answer 14

Whether to in inventory a seized vehicle

Regarding the scope of an inventory, particularly with respect to closed containers.

Question 15

What is the difference between open view and plain view?

Answer 15

Open view- where there is no physical intrusion by an officer into a constitutionally protected area

Plain view- where there is a physical intrusion into a constitutionally protected area.