Rules of Criminal Procedure

Question 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

A _____________ may request any person to furnish information or otherwise cooperate in the investigation or prevention of crime.

Answer 2

law enforcement officer

Question 3

The officer may request the person to respond to questions, to appear at a ____________, or to comply with any other reasonable request.

Answer 3

police station

Question 4

In making a request pursuant to this rule (Criminal Code II), no law enforcement officer shall indicate that a person is _________ to furnish information or to otherwise cooperate if no such legal obligation exists.

Answer 4

legally obligated

Question 5

Compliance with the request for information or other cooperation hereunder shall not be regarded as ___________ or ________ solely on the ground that such a request was made by a law enforcement officer.

Answer 5

-involuntary
-coerced

Question 6

If a law enforcement officer acting pursuant to this rule (CC II) 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 _________to make clear that there is no legal obligation to comply with such a request.

Answer 6

reasonable

Question 7

A law enforcement officer may arrest a person without a warrant if:

Answer 7

The officer has reasonable cause to believe that such person has committed:

-Felony
-Traffic Offense with:
-death or physical injury
-damage to property
-driving while intoxicated
-Domestic abuse
-violation in officers presence

Question 8

A private person may make an arrest where he has reasonable grounds for believing that the person arrested has committed a ________.

Answer 8

felony

Question 9

An arrest shall not be deemed to have been made on insufficient cause hereunder solely on the ground that the officer or private citizen is unable to determine the particular ________which may have been committed.

Answer 9

offense

Question 10

A ___________ by an officer not personally possessed of information sufficient to constitute reasonable cause is valid where the arresting officer is instructed to make the arrest by a police agency which collectively possesses knowledge sufficient to constitute reasonable cause.

Answer 10

warrantless arrest

Question 11

A person arrested without a warrant shall not be held in custody unless a __________determines, from affidavit, recorded testimony, or other information, that there is reasonable cause to believe that the person has committed an offense.

Answer 11

judicial officer

Question 12

Such reasonable cause determination shall be made promptly, but in no event longer than ______________from the time of arrest, unless the prosecuting attorney demonstrates that a bona fide emergency or other extraordinary circumstance justifies a delay.

Answer 12

forty-eight (48) hours

Question 13

Any law enforcement officer may arrest a person pursuant to a warrant in any __________ in the state.

Answer 13

County

Question 14

A law enforcement officer ________ have a warrant in his possession at the time of an arrest, but upon request he shall show the warrant to the accused as soon as possible.

Answer 14

need not

Question 15

Upon making an arrest, a law enforcement officer shall:

Answer 15

(a) identify himself as such unless his identity is otherwise apparent;

(b) inform the arrested person that he is under arrest; and

(c) as promptly as is reasonable under the circumstances, inform the arrested person of the cause of the arrest.

Question 16

No law enforcement officer shall question an arrested person if the person has indicated in any manner that he __________, or that he wishes to consult counsel before submitting to any questioning.

Answer 16

does not wish to be questioned

Question 17

No law enforcement officer shall question an arrested person if the person has indicated in any manner that he does not wish to be questioned, or that he wishes __________before submitting to any questioning.

Answer 17

to consult counsel

Question 18

Any person arrested, if not released pursuant to these rules, shall be brought promptly to a _____, _________, or other similar place.

Answer 18

-jail
-police station

Question 19

Any person arrested, if not released pursuant to these rules, shall be brought promptly to a jail, police station, or other similar place. The arresting officer may, however, first take the person to some other place, if:

Answer 19

(a) the person so requests; or
(b) such action is reasonably necessary for the purpose of having the person identified:
(i) by a person who is otherwise unlikely to be able to make the identification; or
(ii) by a person near the place of the arrest or near the scene of a recently committed offense.

Question 20

Whenever practical, a custodial interrogation at a jail, police station, or other similar place, should be _________ recorded.

Answer 20

electronically

Question 21

In determining the admissibility of any custodial statement, the court may consider, together with all other relevant evidence and consistent with existing law, whether an electronic recording was made

Answer 21

No Answer

Question 22

An electronic recording must be preserved until the later of:

Answer 22

(1) the date on which the defendant’s conviction for any offense relating to the statement is final and all direct and post-conviction proceedings are exhausted, or

(2) the date on which the prosecution for all offenses relating to the statement is barred by law.

Question 23

In this rule, “electronic recording” includes :

Answer 23

-motion picture
-audiotape
-videotape
-digital recording.

Question 24

____________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 24

Search

Question 25

___________ 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 25

Seizure

Question 26

_________ means an order issued by a judicial officer authorizing a search or seizure or both.

Answer 26

Search warrant

Question 27

________ means a law enforcement officer or other person acting under color of authority to search and seize.

Answer 27

Officer

Question 28

_________ includes a corporation.

Answer 28

Individual

Question 29

_________ includes any craft or device for the transportation of persons or things by land, sea or air.

Answer 29

Vehicle

Question 30

_________ means real or personal property, including vehicles.

Answer 30

Property

Question 31

____________________ 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 31

Reasonable cause to believe

Question 32

___________ means a belief based on reasonable cause to believe.

Answer 32

Reasonable belief

Question 33

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

Answer 33

-evidence of or other information concerning the commission of a criminal offense or violation of 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.

Question 34

An officer may conduct ______ and make _______ without a search warrant or other color of authority if consent is given to the search.

Answer 34

-searches
-seizures

Question 35

The state has the burden of proving by clear and positive evidence that consent to a search was ______ and _______ given and that there was no actual or implied duress or coercion.

Answer 35

-freely
-voluntarily

Question 36

A search of a dwelling based on ______ shall not be valid under this rule unless the person giving the consent was advised of the right to refuse consent.

Answer 36

consent

Question 37

_________ means a building or other structure where any person lives or which is customarily used for overnight accommodation of persons.

Answer 37

dwelling

Question 38

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

Answer 38

(a) search of an individual’s person, by the individual in question or, if the person is under fourteen (14) 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.

Question 39

A search based on consent shall not exceed, in __________ or __________, the limits of the consent given.

Answer 39

-duration
-physical scope

Question 40

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

Answer 40

receipt

Question 41

A consent given may be _______ or _______ at any time prior to the completion of the search, and if so, the search under authority of the consent shall cease, or be restricted to the new limits, as the case may be.

Answer 41

-withdrawn
-limited

Question 42

Things discovered and subject to seizure prior to consent withdrawal or limitation of consent shall remain subject to _______ despite such change or termination of the consent.

Answer 42

seizure

Question 43

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:

Answer 43

(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) 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.

Question 44

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 conduct a search of the accused’s _______ and personal effects ready to hand, the surface of his _______ , and the _____ within his immediate control.

Answer 44

-garments
-body
-area

Question 45

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

Answer 45

(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

(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

(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.

Question 46

Any search pursuant to this rule (inside body) shall be conducted by a ________ or a _________.

Answer 46

-physician
-licensed nurse

Question 47

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 ______ the vehicle for such things and ______ any things subject to seizure and discovered in the course of the search.

Answer 47

-search
-seize

Question 48

The search of a vehicle pursuant to this rule (CC12) shall only be made contemporaneously with the _______ or as soon thereafter as is reasonably practicable.

Answer 48

arrest

Question 49

Search of Premises:
If at the time of the arrest:

Answer 49

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

(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.

Question 50

Search of Premises shall only be made contemporaneously with the arrest, and search of building interiors shall only be made?

Answer 50

consequent upon an entry into the building made in order to effect an arrest therein

Question 51

Search of Premises:
In determining the necessity for and scope of the search to be undertaken, the officer shall take into account, among other things:

Answer 51

-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

-whether or not any such things are observed while making the arrest.

Question 52

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 ________ purposes.

Answer 52

custodial

Question 53

Documents or other records may be read or otherwise examined only to the extent necessary for such purposes, including ___________ and ensuring the __________ of the person arrested.

Answer 53

-identity checking
-physical well-being

Question 54

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

Answer 54

reasonably necessary

Question 55

A search warrant may be issued only by a _____________.

Answer 55

judicial officer

Question 56

The application for a search warrant shall describe with particularity the ________ or ________ to be searched and the persons or things to be seized.

Answer 56

-Person
-places

Question 57

The application for a search warrant shall be supported by one (1) or more _______ or ________ under oath before a judicial officer.

Answer 57

-affidavits
-recorded testimony

Question 58

An application for a search warrant and the affidavit in support of the search warrant may be transmitted to the issuing judicial officer by __________ or by other ________means.

Answer 58

-facsimile
-electronic

Question 59

Recorded testimony in support of a search warrant may be received by _________ or other electronic means provided the issuing judicial officer first administers an ______ by telephone or other electronic means to the person testifying in support of the issuance of the warrant.

Answer 59

-telephone
-oath

Question 60

If the judicial officer finds that the application meets the requirements of this rule and that, on the basis of the proceedings before him, there is __________to believe that the search will discover persons or things specified in the application and subject to seizure he shall issue a search warrant.

Answer 60

reasonable cause

Question 61

The proceedings upon application for a search warrant shall be conducted with such ______ as the issuing judicial officer deems appropriate to the circumstances.

Answer 61

secrecy

Question 62

A _________ shall be dated, issued in duplicate, and shall be addressed to any officer.

Answer 62

search warrant

Question 63

The warrant shall state, or describe with particularity:

Answer 63

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

(ii) the judicial 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

(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.

Question 64

Except as hereafter provided, the search warrant shall provide that it be executed between the hours of _________ and ______ and within a reasonable time, not to exceed _________days.

Answer 64

-6 am
-8pm
-60

Question 65

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

(iii) the warrant can only safely or successfully executed at nighttime or under circumstances the which is difficult to with accuracy;
he issuing judicial officer may, by appropriate provision in the warrant, authorize its execution:

Answer 65

-anytime (day or night)
-within reasonable time (not to exceed 60 days)

Question 66

A search warrant may be executed by _____ officer.

Answer 66

any

Question 67

Prior to entering a dwelling to execute a search warrant, the executing officer shall make known the officers ______ and __________ for entering the dwelling and shall wait a period of time that is reasonable under the circumstances before forcing entry into the dwelling.

Answer 67

-presence
-authority

Question 68

The officer may force entry into a ________ without prior announcement if the officer reasonably suspects that making known the officer’s presence would, under the circumstances, be _________ or futile or that it would inhibit the effective investigation of the crime by, for example, allowing the destruction of evidence.

Answer 68

-dwelling
-dangerous

Question 69

In the course of any _________or ________ pursuant to the warrant, the executing officer shall give a copy of the warrant to the person to be searched or the person in apparent control of the premises to be searched.

Answer 69

-search
-seizure

Question 70

If the premises are unoccupied by anyone in apparent and responsible control, the officer shall ___________________ of the warrant suitably affixed to the premises.

Answer 70

leave a copy

Question 71

The scope of search shall be only such as is ________ by the warrant and is reasonably necessary to discover the persons or things specified therein.

Answer 71

authorized

Question 72

Upon discovery of the persons or things so specified, the officer shall take ________ or _______ of them and search no further under authority of the warrant.

Answer 72

-Possession
-custody

Question 73

If in the course of such search, the officer discovers things not specified in the warrant which he ________ believes to be subject to seizure, he may also take possession of the things so discovered.

Answer 73

–reasonably

Question 74

The executing officer, and other officers accompanying and assisting him, may use such degree of force, short of ______________, against persons, or to effect an entry or to open containers as is reasonably necessary for the successful execution of the search warrant with all practicable safety.

Answer 74

deadly force

Question 75

The use of deadly force in the execution of a search warrant, other than in self-defense or defense of others, is __________ only if the executing officer reasonably believes that there is a substantial risk that the persons or things to be seized will suffer, cause, or be used to cause death or serious bodily harm if their seizure is delayed, and that the force employed creates no unnecessary risk of injury to other persons.

Answer 75

-justifiable

Question 76

If a search warrant is not executed, the officer shall return the warrant to the issuing judicial officer within a reasonable time, not to exceed __________ from the date of issuance, together with a report of the reasons why it was not executed.

Answer 76

-sixty days

Question 77

Upon its return, an unexecuted warrant and report shall be filed with the ______ and be publically accessible unless the court for good cause based upon reasonably specific facts orders them to be closed or sealed.

Answer 77

-clerk

Question 78

The affidavit or sworn testimony for a searach warrant application _________ be publically accessible.

Answer 78

shall not

Question 79

An officer who has executed a search warrant or, if such officer is unavailable, another officer acting in his behalf, shall, as soon as possible and not later than the date specified in the warrant, return the warrant to the issuing ___________ together with a verified report of the _____ and circumstances of execution, including an _________ of things seized.

Answer 79

-judicial officer
-facts
-inventory

Question 80

If the issuing judicial officer is unavailable, the warrant may be returned to any judicial officer of a circuit or district court within the _____ in which the warrant was issued.

Answer 80

-county

Question 81

The judicial officer to whom an executed warrant is returned shall cause the warrant, report, inventory of things seized, and affidavit or sworn testimony on application to be filed with the ______, and they shall be publically accessible unless the court for good cause base upon reasonably specific facts orders that any of them should be closed or sealed.

Answer 81

-clerk

Question 82

If the warrant authorizes _________ seizure, the executing officer shall endeavor by all appropriate means to search for and identify the documents to be seized without examining the contents of documents not covered by the warrant.

Answer 82

documentary

Question 83

If the documents to be seized cannot be ___________ for or identified without examining the contents of other documents, or if they constitute items or entries in account books, diaries, or other documents containing matter not specified in the warrant, the executing officer shall not examine the documents but shall either impound them under appropriate protection where found, or seal and remove them for safekeeping.

Answer 83

searched

Question 84

An officer who has reasonable cause to believe that a moving or readily movable vehicle is or contains things subject to seizure may, without a search warrant, stop, detain, and search the vehicle and may seize things subject to seizure discovered in the course of the search where the vehicle is:

Answer 84

• on a public way or waters or other area open to the public

-in a private area unlawfully entered by the vehicle

-in a private area lawfully entered by the vehicle, provided that exigent circumstances require immediate detention, search, and seizure to prevent destruction or removal of the things subject to seizure.

Question 85

If the officer does not find the things subject to seizure by his search of the vehicle, and if:

(i) the things subject to seizure are of such a size and nature that they could be concealed on the person; and

(ii) the officer has reason to suspect that one (1) or more of the occupants of the vehicle may have the things subject to seizure so concealed;

Answer 85

The officer may search the suspected occupants; provided that this subsection shall not apply to individuals traveling as passengers in a vehicle operating as a common carrier.

Question 86

An officer may, __________ a search warrant, search open lands and seize things which he reasonably believes subject to seizure.

Answer 86

without

Question 87

An officer who has reasonable cause to believe that premises or a vehicle contain:
1.
2.
3.

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 87

(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 bodily harm if their seizure is delayed;

Question 88

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

Answer 88

reasonably believes

Question 89

In all cases of seizure the law enforcement officer making the seizure shall provide for the appropriate _____________ of the things seized.

Answer 89

safekeeping

Question 90

If the identity of a person having a rightful claim to possession of _____ ______ _____ things can be promptly established beyond a reasonable doubt to the satisfaction of the seizing officer, the things may be promptly returned to the rightful possessor.

Answer 90

freshly stolen seized

Question 91

____________things seized may be disposed of by the seizing officers as justice and the necessities of the case dictate.

Answer 91

Perishable

Question 92

In all cases of seizure other than pursuant to a search warrant, the officer making the seizure shall, as soon thereafter as is reasonably possible, report in writing the fact and circumstances of the seizure, with a list of things to the court before which the defendant will be brought for first appearance, or, if no arrest is made to a court having jurisdiction to entertain proceedings respecting the offense disclosed by the seizure.

Answer 92

Just read

Question 93

The period of time, not to exceed ________ days after execution of the warrant, within which the warrant is to be returned to the issuing judicial officer.

Answer 93

5