Test 1

Question 1

Criminal Law

Answer 1

what you can and cannot do

Question 2

Criminal Procedure

Answer 2

what the state can and cannot do without violating your constitutional rights

Question 3

statues are ______

Answer 3

legislative

Question 4

criminal procedure deals with __________

Answer 4

constitutional law

Question 5

4th amendment

Answer 5

“the right of the people to be free from persons, papers, houses, and effects from unreasonable search and seizures shall not be violated”

Question 6

codified

Answer 6

is taking an Arkansas supreme court case ruling and turning it into a statute (for rules of crim. proc.)

Question 7

probable cause scale (7)

Answer 7

1. no proof
2. hunch
3. reasonable suspicion
4. probable cuase
5. preponderance of the evidence
6. beyond a reasonable doubt
7. beyond any doubt or no doubt

Question 8

all searches are _______; but not all _________ are ________.

Answer 8

all searches are seizures; but not all seizures are searched

Question 9

a seizure can be: (3)

Answer 9

1. arrest
2. evidence
3. contraband

Question 10

AR rule 2.2 civil procedure

Answer 10

“Request for Cooperation” (not a seizure)

• no one is bound by law to speak to an officer; refusal cannot be used against you to build probable cause
• an officer must inform you that you have the right to refuse to come to their office for questioning (if they do not have reasonable suspicion or probable cause)

Question 11

Exclusionary Rule (and why it exist)

Answer 11

if you get illegally arrested your remedy is this; any evidence found during your illegal arrest cannot be use against you in any way
*** this rule exist solely to DETER police misconduct

Question 12

a seizure occurs when a ______________ believes ___________.

Answer 12

reasonable person believes they are not free to leave

Question 13

prior to 1983, probable cuase was based on these 2 cases

Answer 13

Aguilar and Spinelli

Question 14

2 pronged approach for probable cause (courts must look at:)

Answer 14

1. what info the officer had
2. where did the officer get the info and why should we believe it (could never use anonymous source alone as probable cause)

Question 15

this US Supreme Court case overruled the 2 prongs test and resulting in ______. What was this case about?

Answer 15

1. Illinois v. Gates
2. resulting in “totality of the circumstances”
3. this case was about police receiving an anonymous tip/letter, specifically referencing a drug deliver that was to take place; before this case, use of an anonymous source could not be enough to distinguish probable cause)

Question 16

3 cases in which officer can make an arrest without a warrant; and does Probable Cause still need to be present?

Answer 16

1. a felony is being committed (in addition, if one officer has PBC then they all do)
2. any offense felony or misdemeanor committed in his presence (ex. speeding or DWI)
3. misdemeanor involving damage to property or injury to persons (ex. car wrecks)
   * *** regardless of a no warrant, PBC in these 3 cases still need to be present!!

Question 17

warrant arrest process

Answer 17

• an investigation takes place in order to determine PBC
  1. officer will turn in a PBC affidavit that will include witnesses and evidence convincing the judge to issue a warrant
• officer is not required to include exculpatory evidence in his affidavit
  2. if the judge agrees an arrest warrant is issued
  3. the officer brings this info back and is imputed into a database to inform all officer of the warrant for arrest
  4. within 48 hours a probable cause and bond hearing must be held

Question 18

exculpatory and inculpatory evidence

Answer 18

exculpatory is evidence that tends to show lack of guilt

inculpatory is evidence that tends to show guilt

Question 19

at a Probable Cause hearing, judge must look at:

Answer 19

1. is there PBC to detain the defendant
2. how much bond should be set
   a. to ensure the defendant appears in court
   b. protection of public

Question 20

types of Bonds (5)

Answer 20

1. cash
2. corporate surety
3. property
4. signature bond
5. OR (own recognizance)

Question 21

cash bond

Answer 21

if you make all your court dates up until disposition, you receive that money back

Question 22

corporate surety bond

Answer 22

one hires a bonding company to post bond; the bonding company fills out in writing and promising that if the defendant does not show up for appearance, they (or their insurance) will pay the bond
- defendant normally pays 10 percent of the bond

Question 23

Property bond

Answer 23

if one has no money to post bond, they can have their attorney request a property bond in which the defendant can put up his property (such as home, land, or vehicle) to post bond

Question 24

Signature bond

Answer 24

• common in cases where a defendant has no prior criminal history, is not considered a flight risk and has committed a minor or non-violent misdemeanor crime
• does not require the accused to pay in advance. Instead, the amount represents the amount the accused will forfeit if the judge issues a warrant for missing any court dates

Question 25

OR bond

Answer 25

• no bail money needs to be paid to the court, and no bond is posted
• The suspect is merely released after promising, in writing, to appear in court for all upcoming proceedings

Question 26

Standing in terms of the 4th amendment

Answer 26

1. expectation of privacy

2. state action

Question 27

expectation of privacy

Answer 27

1. house
2. motor home or motel
3. motor vehicle
4. open field
5. public side walk
   * ** the further you get away from your house, the less you can expect privacy

Question 28

state action

Answer 28

the 4th amendment does not apply to other citizens violating your rights 9the Gov. is the only one that cannot violate your constitutional rights)

Question 29

constitutional rights are ____________ in nature.

Answer 29

personal in nature

Question 30

consent is another form of __________ of privacy.

Answer 30

abandonment

Question 31

Katz v. United States 1967 case (summary of case)

Answer 31

a bookie was using a phone booth to transmit info; officers place an eaves dropping device on the outside of the phone booth; officers were able to record numerous phone conversations, enough to arrest and convict him of illegal gambling - went to the US Supreme Court

Question 32

Kats v. United States - US Supreme Court Ruling on 2 major question
*** and it’s significance outcome

Answer 32

1. does expectation of privacy exist to public places - YES
2. must there be an actual “intrusion” - NO
   * ** PRIOR to Katz, no warrant was needed to tap one’s phone, after Kats, all wire taps were considered to be “seizures” for 4th amend. purposes and therefore must be accompanied by a warrant

Question 33

Subjective and Objective (to have an expectation of privacy…)

Answer 33

1. subjective - you must expect them to be private

2. objective - society must be willing to grant it as a private

Question 34

Expectation of Privacy Situation:

garbage place on the curbside

Answer 34

no expectation of privacy b/c it is suggested that you abandoned the expectation of privacy

Question 35

Expectation of Privacy Situation:

bank records or phone numbers you dialed on your phone

Answer 35

no expectation of privacy; this info is considered to be viewable by all the staff of the said company and therefor is not private
- this info can be obtained with a “prosecutor’s subpoena” which is NOT consider a search or seizure and is easy to grant

Question 36

Expectation of Privacy Situation:

vehicle in which you are merely a passenger

Answer 36

no expectation of privacy; however it would be different if you are the passenger of your own vehicle

Question 37

can you fence in an expectation of privacy?

Answer 37

NO you cannot, due to the “open fields doctrine”

Question 38

who decides probable cause?

Answer 38

1. the officer in the field

Question 39

In AR, a defendant has a right to bond in any case EXCEPT for _______.

Answer 39

cases involving capital murder