Rules of Criminal Procedure

Question 1

2.1
________ means a suspicion based on facts or circumstances which of themselves do not give rise to the probable cause requisite to justify a lawful arrest, but which give rise to more than a bare suspicion; that is, a suspicion that is reasonable as opposed to an imaginary or purely conjectural suspicion.

Answer 1

Reasonable Suspicion

Question 2

3.1
A law enforcement officer lawfully present in any place may, in the performance of his duties, stop and detain any person who he reasonably suspects is committing, has committed, or is about to commit (1) a felony, or (2) a misdemeanor involving danger of forcible injury to persons or of appropriation of or damage to property, if such action is reasonably necessary either to obtain or verify the identification of the person or to determine the lawfulness of his conduct. An officer acting under this rule may require the person to remain in or near such place in the officer’s presence for a period of not more than fifteen _____ minutes or for such time as is reasonable under the circumstances. At the end of such period the person detained shall be released without further restraint, or arrested and charged with an offense.

Answer 2

15 Minutes

Question 3

Rule 2.3. Warning To Persons Asked To Appear At A Police Station.

If a law enforcement officer acting pursuant to this rule requests any person to come to or remain at a police station, prosecuting attorney’s office or other similar place, he shall take such steps as are reasonable to make clear that there is no ______ to comply with such a request.

Answer 3

Legal Obligation

Question 4

Rule 3.5. Stop of Witness to Crime.

Whenever a law enforcement officer has reasonable cause to believe that any person found at or near the scene of a _____ is a witness to the offense, he may stop that person. After having identified himself, the officer must advise the person of the purpose of the stopping and may then demand of him his name, _____, and any information he may have regarding the offense. Such detention shall in all cases be reasonable and shall not exceed fifteen (15) minutes unless the person shall refuse to give such information, in which case the person, if detained further, shall immediately be brought before any judicial officer or prosecuting attorney to be examined with reference to his name, address, or the information he may have regarding the offense.

Answer 4

1. Felony
2. Address

Question 5

Rule 4.1. Authority to Arrest Without Warrant.
(e) A person arrested without a warrant shall not be held in custody unless a judicial officer determines, from affidavit, recorded testimony, or other information, that there is reasonable cause to believe that the person has committed an offense. Such reasonable cause determination shall be made promptly, but in no event longer than _____ hours from the time of arrest, unless the prosecuting attorney demonstrates that a bona fide emergency or other extraordinary circumstance justifies a delay longer than_____ hours. Such reasonable cause determination may be made at the first appearance of the arrested person pursuant to Rule 8.1.

Answer 5

48 Hours and 48 Hours

Question 6

Rule 5.1. Definitions.
(a) ______ means a written order, issued by a law enforcement officer who is authorized to make an arrest, requiring a person accused of violating the law to appear in a designated court or governmental office at a specified date and time.

Answer 6

Citation

Question 7

Rule 5.1. Definitions.
(b) ______ means an order issued by a judicial officer or, pursuant to the authorization of a judicial officer, by the clerk of a court, requiring a person against whom a criminal charge has been filed to appear in a designated court at a specified date and time.

Answer 7

Summons

Question 8

Rule 5.1. Definitions.
(c) ______ means an order issued by a judicial officer at or after the defendant’s first appearance releasing him from custody or continuing him at large pending disposition of his case but requiring him to appear in court or in some other place at all appropriate times.

Answer 8

Order to appear

Question 9

Rule 5.1. Definitions.
(d) __________________ means the release of a defendant without bail upon his promise to appear at all appropriate times, sometimes referred to as “personal recognizance.”

Answer 9

Release on Own Recognizance

Question 10

Rule 5.1. Definitions.
(e) ____________ means the release of a defendant upon the execution of a bond, with or without sureties, which may be secured by the pledge of money or property.

Answer 10

Release on Bail

Question 11

Rule 5.1. Definitions.
(f) __________ means the first proceeding at which a defendant appears before a judicial officer.

Answer 11

First Appearance

Question 12

Rule 5.2. Authority to Issue Citations.

(a) A law enforcement officer in the field acting without a warrant who has reasonable cause to believe that a person has committed any _______ may issue a citation in lieu of arrest or continued custody.

(b) When a person is arrested for any misdemeanor, the ranking officer on duty at the place of ________ to which the arrested person is taken may issue a citation in lieu of continued custody.

(c) Upon the recommendation of a _________ attorney, the ranking officer on duty at the place of detention to which the arrested person is taken may issue a citation in lieu of continued custody when the person has been arrested for a felony.

Answer 12

1. Misdemeanor
2. Detention
3. Prosecuting Attorney

Question 13

Rule 5.2. Authority to Issue Citations.
(d) In determining whether to continue custody or issue a citation under (a) or (b) above, the officer shall inquire into and consider facts about the accused, including but not limited to:

(i) _______ and length of residence;

(ii) family relationships;

(iii) references;

(iv) ______ and past employment;

(v) criminal record; and

(vi) other relevant facts such as:

(A) whether an accused fails to _______ himself satisfactorily;

(B) whether an accused refuses to sign a promise to appear pursuant to citation;

(C) whether detention is necessary to prevent imminent bodily harm to the accused or to another;

(D) whether the accused has ties to the jurisdiction reasonably sufficient to assure his appearance and there is a substantial likelihood that he will respond to a citation;

(E) whether the accused previously has ______ to appear in response to a citation.

Answer 13

1. Place
2. Present
3. Identify
4. Failed

Question 14

Rule 8.6. Time for Filing Formal Charge.

If the defendant is continued in custody subsequent to the first appearance, the prosecuting attorney shall file an indictment or information in a court of competent jurisdiction within _____ days of the defendant’s arrest. Failure to file an indictment or information within sixty days shall not be grounds for dismissal of the case against the defendant, but shall, upon motion of the defendant, result in the defendant’s release from custody unless the prosecuting attorney establishes good cause for the delay. If good cause is shown, the court shall reconsider bail for the defendant.

Answer 14

60

Question 15

Rule 10.1. Definitions.
(a) ______ means any intrusion other than an arrest, by an officer under color of authority, upon an individual’s person, property, or privacy, for the purpose of seizing individuals or things or obtaining information by inspection or surveillance, if such intrusion, in the absence of legal authority or sufficient consent, would be a civil wrong, criminal offense, or violation of the individual’s rights under the Constitution of the United States or this state.

Answer 15

Search

Question 16

Rule 10.1. Definitions.
(b) _______ means the taking of any person or thing or the obtaining of information by an officer pursuant to a search or under other color of authority.

Answer 16

Seizure

Question 17

Rule 10.1. Definitions.
(c) ________ means an order issued by a judicial officer authorizing a search or seizure or both.

Answer 17

Search Warrant

Question 18

Rule 10.1. Definitions.
(d) _______ means a law enforcement officer or other person acting under color of authority to search and seize

Answer 18

Officer

Question 19

Rule 10.1. Definitions.
(e) _______ includes a corporation.

Answer 19

Individual

Question 20

Rule 10.1. Definitions.
(f) _______ includes any craft or device for the transportation of persons or things by land, sea or air.

Answer 20

Vehicle

Question 21

Rule 10.1. Definitions.
(f) _______ includes any craft or device for the transportation of persons or things by land, sea or air.

Answer 21

Vehicle

Question 22

Rule 10.1. Definitions.
(g) ________ means real or personal property, including vehicles.

Answer 22

Property

Question 23

Rule 10.1. Definitions.
(h) _______________ means a basis for belief in the existence of facts which, in view of the circumstances under and purposes for which the standard is applied, is substantial, objective, and sufficient to satisfy applicable constitutional requirements.

Answer 23

Reasonable Cause to Believe

Question 24

Rule 10.1. Definitions.
(i) ___________ means a belief based on reasonable cause to believe.

Answer 24

Reasonable Belief

Question 25

Rule 10.2. Permissible Objects of Seizure.

(a) Unless prohibited by other express provision, the following are subject to seizure:

(i) _________ of or other information except privileged information concerning the commission of a criminal offense or other violation of law;

(ii) contraband, the fruits of crime, or things possessed in violation of the laws of this state;

(iii) weapons or other things used or likely to be used as means of committing a _______ offense; and

(iv) an individual for whose arrest there is reasonable cause, or who is unlawfully held in confinement or other restraint.

Answer 25

1. Evidence
2. Criminal

Question 26

Rule 11.1. Authority to Search and Seize Pursuant to Consent.

(a) An officer may conduct searches and make seizures without a search warrant or other color of authority if consent is given to the search.

(b) The state has the burden of proving by clear and positive evidence that consent to a search was freely and voluntarily given and that there was no actual or implied duress or coercion.

(c) A search of a dwelling based on consent shall not be valid under this rule unless the person giving the consent was advised of the right to refuse consent. For purposes of this subsection, a _______ means a building or other structure where any person lives or which is customarily used for overnight accommodation of persons. Each unit of a structure divided into separately occupied units is itself a dwelling.

Answer 26

Dwelling

Question 27

Rule 11.2. Persons from Whom Effective Consent May Be Obtained.

The consent justifying a search and seizure can only be given, in the case of:

(a) search of an individual’s person, by the individual in question or, if the person is under fourteen ______ years of age, by both the individual and his parent, guardian, or a person in loco parentis;

(b) search of a vehicle, by the person registered as its owner or in apparent control of its operation or contents at the time consent is given; and

(c) search of premises, by a person who, by ownership or otherwise, is apparently entitled to give or withhold consent.

Answer 27

14

Question 28

Rule 11.4. Items Seized: Receipt.

After making a seizure, the officer shall make a list of the things _______, and shall deliver a receipt fairly describing the things seized to the person consenting to the search.

Answer 28

Seized

Question 29

Rule 11.5. Withdrawal or Limitation of Consent.

A consent given may be withdrawn or limited at any time prior to the completion of the search, and if so withdrawn or limited, the search under authority of the consent shall cease, or be restricted to the new limits, as the case may be. Things discovered and subject to seizure prior to such withdrawal or limitation of consent shall remain subject to seizure despite such change or ________ of the consent.

Answer 29

Termination

Question 30

Rule 12.1. Permissible Purposes.

An officer who is making a lawful arrest may, without a search warrant, conduct a search of the person or property of the accused for the following purposes only:

(a) to protect the officer, the accused, or others;

(b)to prevent the _______ of the accused;

(c) to furnish appropriate custodial care if the accused is jailed; or

(d) to obtain evidence of the commission of the offense for which the accused has been arrested or to seize contraband, the fruits of crime, or other things criminally possessed or used in conjunction with the offense.

Answer 30

Escape

Question 31

Rule 12.2. Search of the Person: Permissible Scope.

An officer making an _______ and the authorized officials at the police station or other place of detention to which the accused is brought may conduct a search of the accused’s garments and personal effects ready to hand, the surface of his body, and the area within his immediate control.

Answer 31

Arrest

Question 32

Rule 12.3. Search of the Person: Search of Body Cavities.

(a) Search of an accused’s blood stream, body cavities, and subcutaneous tissues conducted incidental to an arrest may be made only:

(i) if there is a strong probability that it will disclose things subject to seizure and related to the offense for which the individual was arrested; and

(ii) if it reasonably appears that the delay consequent upon procurement of a search warrant would probably result in the disappearance or destruction of the objects of the search; and

(iii) if it reasonably appears that the search is otherwise reasonable under the circumstances of the case, including the seriousness of the offense and the nature of the invasion of the individual’s person.

(b) Any search pursuant to this rule shall be conducted by a physician or a ________ nurse.

Answer 32

Licensed

Question 33

Rule 12.4. Search of Vehicles: Permissible Circumstances.

(a) If, at the time of the arrest, the accused is in a vehicle or in the immediate vicinity of a vehicle of which he is in apparent control, and if the circumstances of the arrest justify a reasonable belief on the part of the arresting officer that the vehicle contains things which are connected with the offense for which the arrest is made, the arresting officer may search the vehicle for such things and seize any things subject to seizure and discovered in the course of the search.

(b) The search of a vehicle pursuant to this rule shall only be made contemporaneously with the arrest or as soon thereafter as is ________ practicable.

Answer 33

Reasonably

Question 34

Rule 12.5. Search of Premises: Permissible Circumstances, Time and Scope.

(a) If at the time of the arrest:

(i) the accused is in or on premises all or part of which he is apparently entitled to occupy; and

(ii) in view of the circumstances the officer has reason to believe that such premises or part thereof contain things which are:

(A) subject to seizure; and

(B) connected with the offense for which the arrest is made; and

(C) likely to be removed or destroyed before a search warrant can be obtained and served;

the arresting officer may search such premises or part thereof for such things, and seize any things subject to seizure.

(b) Search of ________ pursuant to subsection (a) shall only be made contemporaneously with the arrest, and search of building interiors shall only be made consequent upon an entry into the building made in order to effect an arrest therein. In determining the necessity for and scope of the search to be undertaken, the officer shall take into account, among other things, the nature of the offense for which the arrest is made, the behavior of the individual arrested and others on the premises, the size and other characteristics of the things to be searched for, and whether or not any such things are observed while making the arrest.

Answer 34

Premises

Question 35

Rule 12.6. Custodial Taking of Property Pursuant to Arrest; Vehicles.

(a) Things not subject to seizure which are found in the course of a search of the person of an accused may be taken from his possession if reasonably necessary for custodial purposes. Documents or other records may be read or otherwise examined only to the extent necessary for such purposes, including identity checking and ensuring the physical well-being of the person arrested. Disposition of things so taken shall be made in accordance with Rule 15 hereof.

(b) A vehicle impounded in consequence of an arrest, or retained in official custody for other good cause, may be ________ at such times and to such extent as is reasonably necessary for safekeeping of the vehicle and its contents.

Answer 35

Searched

Question 36

Rule 13.2. Contents of Search Warrant.

(a) A search warrant shall be dated, issued in duplicate, and shall be addressed to any officer.

(b) The warrant shall state, or describe with particularity:

(i) the identity of the issuing judicial officer and the date and place where application for the warrant was made;

(ii) the _______ officer’s finding of reasonable cause for issuance of the warrant;

(iii) the identity of the person to be searched, and the location and designation of the places to be searched;

(iv) the persons or things constituting the object of the search and authorized to be seized; and

(v) the period of time, not to exceed five (5) days after execution of the warrant, within which the warrant is to be returned to the issuing judicial officer.

Answer 36

Judicial

Question 37

Rule 13.2. Contents of Search Warrant.
(c) Except as hereafter provided, the search warrant shall provide that it be executed between the hours of ___ a.m. and __ p.m., and within a reasonable time, not to exceed sixty (60) days. Upon a finding by the issuing judicial officer of reasonable cause to believe that:

(i) the place to be searched is difficult of speedy access; or

(ii) the objects to be seized are in danger of imminent removal; or

(iii) the warrant can only be safely or successfully executed at nighttime or under circumstances the occurrence of which is difficult to predict with accuracy;

the issuing judicial officer may, by appropriate provision in the warrant, authorize its execution at any time, day or night, and within a reasonable time not to exceed ________ days from the date of issuance.

(d) If the warrant authorizes the seizure of documents other than lottery tickets, policy slips, and other nontestimonial documents used as instrumentalities of crime, the warrant shall require that it be executed in accordance with the provisions of Rule 13.5 and may, in the discretion of the issuing judicial officer, direct that any files or other collections of documents, among which the documents to be seized are reasonably believed to be located, shall be impounded under appropriate protection where found.

Answer 37

1. 6AM-8PM
2. 60

Question 38

Rule 14.2. Search of Open Lands.

An officer may, without a ______ warrant, search open lands and seize things which he reasonably believes subject to seizure.

Answer 38

Search

Question 39

Rule 14.3. Emergency Searches.

An officer who has reasonable cause to believe that premises or a vehicle contain:

(a) individuals in imminent danger of death or serious bodily harm; or

(b) things imminently likely to burn, explode, or otherwise cause death, serious bodily harm, or substantial destruction of property; or

(c) things subject to seizure which will cause or be used to cause death or serious ______ harm if their seizure is delayed;

may, without a search warrant, enter and search such premises and vehicles, and the persons therein, to the extent reasonably necessary for the prevention of such death, bodily harm, or destruction.

Answer 39

Bodily

Question 40

Rule 14.4. Seizure Independent of Search.

An officer who, in the course of otherwise lawful activity, observes the nature and location of things which he reasonably believes to be subject to seizure, may ______ such things.

Answer 40

Seize

Question 41

Rule 15.2. Motions for Return or Restoration of Seized Things.

(a) Who May File. Within _____ days after notice of seizure, or at such later date as the court in its discretion may allow:

(i) the individual from whose person, property, or premises things have been seized may move the court to whom the warrant was returned, or the court having jurisdiction of the offense in question, as the case may be, to return things seized to the person or premises from which they were seized; and

(ii) any other person asserting a claim to rightful possession of the things seized may move the court having jurisdiction of the matter to restore the things seized to such person.

Answer 41

30

Question 42

Rule 15.2. Motions for Return or Restoration of Seized Things.
(b) Grounds. Motions for return or restoration of seized things shall be based on the ground that the moving party has a valid claim to rightful possession of things seized, because:

(i) the things had been stolen or otherwise converted, and the moving party is the owner or rightful possessor;

(ii) the things ______ were not in fact subject to seizure;

(iii) the moving party, by license or otherwise, is lawfully entitled to possess things otherwise subject to seizure; or

(iv) although the things seized were subject to seizure, the moving party is or will be entitled to their return or restoration on the court’s determination that they are no longer needed for evidentiary purposes.

Answer 42

Seized