A3 Flashcards

(58 cards)

1
Q

What are the seven steps in the legal process for patrol officers?

A

Seizure, interrogation, search, arrest/citation decision, report writing, courtroom testimony, other considerations

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2
Q

What is the burden of proof in criminal cases?

A

Beyond a reasonable doubt

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3
Q

What is the burden of proof in civil cases?

A

Preponderance of the evidence

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4
Q

What does reasonable suspicion allow law enforcement officers to do?

A

Temporarily detain individuals

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5
Q

What does probable cause allow law enforcement officers to do?

A

Make arrests and conduct searches

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6
Q

What does the Fourth Amendment protect against?

A

Unreasonable searches and seizures

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7
Q

What is required for a warrant under the Fourth Amendment?

A

Probable cause and specific descriptions of places and items

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8
Q

What is the ‘Katz Test’ used for?

A

To evaluate a person’s expectation of privacy

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9
Q

What is a Terry stop?

A

An investigatory stop justified by reasonable suspicion

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10
Q

What is the legal standard for a Terry frisk?

A

Reasonable suspicion of criminal activity and belief that the suspect is armed

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11
Q

What must officers do during a lawful traffic stop in Idaho?

A

Request driver’s license, registration, and proof of insurance

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12
Q

Fill in the blank: The exclusionary rule prohibits the use of _______ obtained through illegal means.

A

Evidence

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13
Q

What is the definition of an arrest in Idaho?

A

Taking a person into custody for a case authorized by law

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14
Q

What are the four types of arrest warrants in Idaho?

A
  • Arrest warrants
  • Bench warrants
  • Agent’s warrants
  • Board warrants
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15
Q

What is the difference between first-degree and second-degree murder?

A

First-degree involves intent to cause suffering; second-degree does not involve malice

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16
Q

What is required for a waiver of Miranda rights?

A

Voluntary, knowing, and intelligent consent

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17
Q

What is the primary purpose of the exclusionary rule?

A

To deter law enforcement from violating constitutional rights

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18
Q

What does the term ‘fruit of the poisonous tree’ refer to?

A

Evidence derived from illegally obtained evidence

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19
Q

What is the Idaho Supreme Court’s stance on requesting identification during a stop?

A

It does not constitute a seizure unless the identification is retained

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20
Q

What is the significance of the Idaho Supreme Court ruling in State v. Ramos?

A

Warrantless impoundments and inventories are unconstitutional if primarily investigative

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21
Q

What is the definition of joyriding under Idaho Code?

A

Unauthorized taking or operating of a vehicle

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22
Q

What must be proven for an offense to qualify as aggravated arson?

A

Causing harm to individuals

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23
Q

What is the legal definition of criminal trespass in Idaho?

A

Entering private property without permission

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24
Q

What are the penalties for assault and battery in Idaho?

A

Distinguished between aggravated and non-aggravated offenses

25
What does the Idaho Code define as rape?
Sexual intercourse without consent
26
What is the role of the Sixth Amendment in the context of police questioning?
Right to counsel attaches when formal proceedings commence
27
What is the significance of the 'totality of the circumstances' in determining the voluntariness of a confession?
Considers factors like age, maturity, and nature of interrogation
28
What is an investigatory detention?
A temporary detention based on reasonable suspicion
29
What is the importance of Miranda advisements?
To ensure suspects are aware of their rights
30
What is the 'plain view' doctrine?
Allows warrantless searches from public locations not protected by the Fourth Amendment
31
What is the role of the Idaho Code regarding domestic violence?
Defines offenses and outlines penalties
32
What is murder defined as?
The unlawful killing of a human being with malice.
33
What does first-degree murder include?
Killings committed with intent to cause suffering, vengeance, or during the commission of certain felonies.
34
What encompasses second-degree murder?
All other unlawful killings without malice.
35
How is manslaughter categorized?
Unlawful killing without malice, categorized as voluntary, involuntary, or vehicular.
36
What is the difference between jury trials and bench trials?
Jury trials involve citizens deciding the facts; bench trials involve a judge deciding both the facts and applicable law.
37
What is the historical root of jury trials in the United States?
The Magna Carta.
38
What is direct evidence?
Evidence that proves a fact without inference.
39
What is circumstantial evidence?
Evidence that requires inference to reach a conclusion.
40
What does corroboration do?
Verifies witness statements.
41
What rule was abandoned in Idaho regarding confessions?
The corpus delicti rule, which required corroboration for confessions.
42
What is authentication in a legal context?
Ensures evidence is what it claims to be.
43
What does chain of custody refer to?
Tracks evidence handling from collection to trial.
44
What are trial objections?
Objections such as leading questions or hearsay, aiming to exclude inadmissible evidence.
45
What are hearsay statements?
Out-of-court statements offered for their truth, generally inadmissible in court.
46
What are exceptions to the hearsay rule?
* Present sense impressions * Excited utterances * Statements for medical diagnosis * Statements made under belief of impending death.
47
What does impeaching a witness’s credibility involve?
Attacking their truthfulness, memory, or impartiality.
48
How can a witness's credibility be impeached?
* Reputation * Specific instances of conduct * Evidence of criminal conviction.
49
What is the role of a witness in court?
To provide factual information, not to argue for its truth or determine guilt.
50
What is important for a witness to prepare before testifying?
* Reviewing the subpoena * Reviewing the report * Reviewing the evidence * Communicating with the prosecutor.
51
How should witnesses conduct themselves in court?
* Maintain a professional appearance * Listen carefully to questions * Answer truthfully * Avoid speculation or volunteering information.
52
What does the Fourth Amendment protect against?
Unreasonable searches and seizures.
53
What is required for a warrant under the Fourth Amendment?
Warrants must be based on probable cause.
54
What must an affidavit supporting a warrant detail?
* The place to be searched * Items to be seized * The affiant’s qualifications * Probable cause facts * Information about witnesses and confidential informants.
55
What specific items of clothing are sought in the search warrant of Perry Cadue?
* Purple shirt * Jeans * Brown boots.
56
What charge was Perry Cadue arrested for?
Aggravated battery.
57
Where was Perry Cadue taken after his arrest?
To the hospital for a swollen hand.
58
What was collected and stored as evidence from Perry Cadue?
His clothing, believed to contain evidence.