Rules of Criminal Procedure Flashcards
___ means any intrusion other than an arrest, by an officer under the color of authority, upon an individuals person, property, or privacy, for the purpose of seizing individuals or things or obtaining information by inspection or surveillance
Search
___ the consent justifying a search and seizure can only be given, in the case of
A) search of an individual’s person, by an individual in question or, if the person is under thirteen (13) 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
C) search of premises, by a person who, by ownership or otherwise, is apparently entitled to give or withhold consent
D) B and C
E) all of the above
D, A is wrong since the person in question has to 14 years of age according to Rule 11.2
___ means the taking of any person or thing or the obtaining of information by an officer pursuant to a search or under the color of authority
Seizure
__ means an order issued by a judicial officer authorizing a search or seizure or both
Search Warrant
____ 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
Reasonable cause to belief
___ means a belief based on reasonable cause to believe
Reasonable Belief
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
True or False
True
Unless prohibited by other express provision the following are subject to seizure
Evidence of or other information except privileged information concerning the commission of a criminal offense or other violation of the law
Contraband, the fruits of crime, or things possessed in violation of the laws of this state
Weapons or other things used or likely to be used as means of committing a criminal offense
An individual for whose arrest there is reasonable cause, or who is unlawfully held in confinement or other restraint
True or false
True
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 escape of the accused
C) to furnish appropriate custodial care if the accused is jailed
D) all of the above
D
The state has the burden of proving by ___ and ___ evidence that consent to a search was freely and voluntarily given and that there was no actual or implied duress or coercion
Clear and Positive
Search of an accused’s blood stream, body cavities, and subcutaneous tissues conducted incident to arrest may be made only
A) if there is a strong possibility that it will disclose things subject to seizure and related to the offense for which the individual was arrested
B) 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
C) 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 individuals person
D) B and C
E) all of the above
E
Things not subject to seizure which Are found it the course of a search of the person of an accused may be taken from his possession if reasonably necessary for custodial purposes
True or False
True
An officer making an arrest and the authorized officials at the police station or other place of detention to which the accused is brought may
A) conduct a search of the accused’s garments and personal effects at hand
B) the surface of his body
C) the areas within his immediate control
D) a and c
E) all of the above
E
A search based on consent shall not exceed, ____, the limits of consent given
In duration or physical scope
___ 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
Documents or other records
