test Flashcards
what burden of proof is needed for a terry frisk
reasonable suspicion
what’s a terry frisk looking for
weapons
considerations for a investigatory detainment
time of day, location NOT race, or height.
do they read them a copy of the criminal complaint at the arraignment
yes
how much time do they have to notify if there’s a change of address if on bond
48 hours to respond
what least do you want to establish reasonable suspicion
anonymous citizen
when released from rule 519 how many days do we have to file a criminal complaint
5 days to file
least popular way to do a summary proceeding
to file
on a mere encounter can you detain someone
no
do you need insurance info on citation
no
are you able to put someone’s race onto a traffic citation
no
community history matters when doing frisk?
yes
The judicial territory of court proceedings. Can be either county if it is within 100 yards of the county border.
venue
what’s rule 519
release someone if the most serious offense is a M2 or below OR M1 (DUI)
1. aren’t a threat to others or themselves
2. will appear in court
can you go into someone’s house if you think the person you’re looking for is in there
only with a search warrant
when someone committed a serious crime and they are hiding in someone’s house?
search warrant
witness info on citation
no
do you need physical description.
On a complaint or citation?
criminal complaint
how do private citizens file a summary
criminal complaint
facts that a reasonable person would determine a crime has been committed
probable cause
explainable info blah blah blah
reasonable suspicion
what does the magistrate do once you file a complaint
summons
is there a jury for summary offences
no
can you burst into someone’s house with reasonable suspicion
no
at a hearing does the defendant need to talk
no
for preliminary hearing what burden of proof
prima facia
nighttime search warrant
10 pm- 6am
for a nighttime warrant what burden of proof
reasonable cause
can you promptly release a F3
no
bill of particulars
7 days to plea
do you need height/weight for complaint
no
traffic citations
Traffic citations have a statute of limitations of 30 days or 1 year with an injury. If new evidence is introduced no case can be tried after 3 years.
Citations must be given to the MDJ within 5 days and the defendant must respond with 10 days.
different bonds
Example of a Nominal Bond is $1.
Example of an Unsecure Bond is when a defendant owns nothing upfront, but must pay if they do not show up to court proceedings.
An ROR Bond is when the defendant is released on own recognizance as they believe the defendant will show up to court without consequences being laid.
