Rules of Criminal Procedures

Question 1

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 ___ from the time of arrest.

Answer 1

48 hours

Question 2

___ 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 2

Citation

Question 3

___ 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 3

Summons

Question 4

___ 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 4

Order to appear

Question 5

___ means the release of a defendant without bail upon his promise to appear at all appropriate times, sometimes referred to as “personal recognizance.”

Answer 5

Release on own recognizance

Question 6

___ 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 6

Release on bail

Question 7

___ means the first proceeding at which a defendant appears before a judicial officer.

Answer 7

First appearance

Question 8

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 ___ of the defendant’s arrest.

Answer 8

60 days

Question 9

___ 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 9

Search

Question 10

___ 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 10

Seizure

Question 11

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

Answer 11

Search warrant

Question 12

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

Answer 12

Officer

Question 13

___ includes a corporation.

Answer 13

Individual

Question 14

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

Answer 14

Vehicle

Question 15

___ means real or personal property, including vehicles.

Answer 15

Property

Question 16

___ 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 16

Reasonable cause to believe

Question 17

___ means a belief based on reasonable cause to believe.

Answer 17

Reasonable belief

Question 18

After the execution of a warrant, it must be returned to the issuing Judicial Officer within ___.

Answer 18

5 days

Question 19

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 19

6am and 8pm, 60 days

Question 20

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 20

60 days