Arrest, Seizure, & Constitutional Law Flashcards

(70 cards)

1
Q

N.C.G.S_____ authorizes a law enforcement officer to use deadly force

A

15A-401 (d)(2)

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2
Q

A minimum of ____ photographs should be used for a photographic line-up

A

6

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3
Q

TRUE OR FALSE

Whether a criminal defendant is in or out of custody, he/she maintains a 6th amendment right to counsel on the charges for which he/she has been indicted for

A

True

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4
Q

TRUE OR FALSE

After an officer makes an arrest, N.C.G.S. require the officer to inform the suspect of the cause of the arrest unless the cause appears to be evident

A

True

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5
Q

the first_____amendments of the constitution are called the bill of rights

A

10

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6
Q

TRUE OR FALSE

A Non-testimonial identification order may be used on a criminal suspect that is in custody

A

False

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7
Q

The 1st amendment establishes rights that we consider basic in a free society. Identify the rights protected by the First Amendment

A

Freedom of press, freedom of religion, freedom of assembly, freedom of speech, freedom of petition

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8
Q

TRUE OR FALSE

Judicial officials are not allowed to consider any anonymous information in considering probable cause to issue a search warrant

A

False

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9
Q

TRUE OR FALSE

Sheriff’s Deputies may arrest a person anywhere in the State for class A 1A misdemeanor committed in their county

A

False

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10
Q

A criminal summons is valid for a period of _____days

A

90

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11
Q

What type of law defines the fights and duties of citizens as well as prohibits certain conduct such as robbery, larceny, or assault

A

Substantive Law

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12
Q

TRUE OR FALSE

Under Mincey v. Arizona, the United States Supreme Court has allowed a “crime scene exception” to the fourth Amendment’s search warrant requirement

A

False

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13
Q

TRUE OR FALSE

Evidence of drug trafficking found during an administrative inspection warrant may be used as evidence in a criminal trial

A

False

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14
Q

TRUE OR FALSE

Probable cause that a person is responsible for a crime is required before a non-testimonial identification order to be issued

A

False

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15
Q

TRUE OR FALSE

Private citizen’s are required by N.C. law to assist law enforcement officer when requested to do so

A

False

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16
Q

TRUE OR FALSE

Any amount of force may be used to conduct the procedures outlined in a non-testimonial identification order

A

False

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17
Q

In order for an officer to enter a third party residence to arrest someone, he/she must have one of the following

A

Arrest Warrant, Search Warrant, Consent and/ or exigent circumstances

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18
Q

TRUE OR FALSE

Officer must have reasonable suspicion to approach and speak to an ordinary citizen in a public place

A

False

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19
Q

A non-testimonial identification order must be returned within ____ days to the judge that issued it or a judge designated in the ordern

A

90

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20
Q

N.C.G.S _____ authorizes a law enforcement officer to use non-deadly force

A

15A-401 (d)(1)

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21
Q

TRUE OR FALSE

Any police officer may be the applicant for a non-testimonial identification order

A

False

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22
Q

Identify three sources of law

A

Constitutional law, statutory law, common law

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23
Q

TRUE OR FALSE

Johnny Montana is currently in the Henderson County Detention Facility awaiting trial on a 1st degree murder charge. Johnny is currently represented in this case and he has sent a letter to you requesting that you talk with him about his charges. By law you are required to decline his requested interview

A

False

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24
Q

_____minutes has been used as a general rule to govern the length of an investigative stop

A

20

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25
TRUE OR FALSE one a search warrant has been executed, the officer must return it to the clerk
True
26
_____ Due process guarantees that the government will not take a person's life, liberty, or property interest without notice an a meaningful opportunity to be heard
Procedural
27
The ____ Amendment of the U.S. Constitution provides privileges and immunities , due process of law and equal protection of the law
14
28
An administrative inspection warrant is valid for ____hours
24
29
The overriding test for all use of force whether deadly or non-deadly, is whether the use of force was ______ under the circumstances at the time fo
Objectively necessary
30
An order for arrest is valid for a period of ___days
180
31
Identify the purpose of an investigative stop
To determine whether there is probable cause to believe a crime has been committed and the suspect committed it
32
N.C. Courts have adopted which test in determining if probable cause exists to issue a search warrant
Totality of the circumstances test
33
TRUE OR FALSE officers may enter a home without a warrant or consent if entry is required because of an exigent circumstance or to save life, prevent injury, or to protect property
TRUE
34
TRUE OR FALSE Regardless of the offense leading to the arrest, officers have the automatic right to search the arrested person and his/her lunge able area incident to the arrest
True
35
The following Latin phrase " Habeas Corpus" translated means
Have the body
36
TRUE OR FALSE N.C.G.S require that all custodial interrogations involving homicides be recorded in their entirety
True
37
TRUE OR FALSE | N.C.G.S. 90-95.2 provides for the existence of mutual aid agreements between law enforcement agencies
True
38
Absent consent, a ________ ________ is required if you are seeking blood from a criminal suspect
Search Warrant
39
The ________ _________ makes evidence obtained by the government as a result of a violation of the fourth amendment inadmissible
Exclusionary Rule
40
The Miranda warnings are required when two elements are present, ________ and _________
Custody and interrogation
41
TRUE OR FALSE Under North Carolina law, landlords may consent for the search of a tenant's residence since they are listed on the property deed and own the property
False
42
TRUE OR FALSE A spouse or roommate may consent to the search of a private office or room as that room is located within the main structure of the dwelling house
False
43
The 4th Amendment of the U.S. Constitution protects citizens from unreasonable
Searches and seizures
44
A Search Warrant is valid for______ hours
48
45
TRUE OR FALSE N.C.G.S. 15A-249 requires under most circumstances that law enforcement officers must give appropriate notice of his/her identity and purpose to the person to be searched when executing a search warrant
True
46
An officer stops a motor vehicle for a inspected traffic violation and upon approaching the driver's window smells what he knows to be the odor of marijuana emanating from the vehicle. The officer has the authority to
Search the passenger compartment, locked, unlocked containers and any other place in the vehicle marijuana could be found
47
N.C.G.S _____ allows for the detention of criminal suspects by private persons for certain violations of law
15A-404
48
List the persons that may apply for search warrants in obscenity offences
District Attorney and Assistant
49
TRUE OR FALSE N.C. authorizes officers to arrest persons without a warrant for violations of N.C.G.S. 14-33
True
50
N.C.G.S ______ requires a law enforcement officer who charges a minor with a criminal offense to notify the minors parent or guardian
15A-505
51
TRUE OR FALSE Miranda rights are effectively waived by a voluntary, intelligent, and consent waiver
False
52
Officers may pursue and arrest outside N.C. for a felony committed in N.C. in which four states
Virginia, Georgia, South Carolina, and Tennessee
53
TRUE OR FALSE City Police Officers may enforce laws within one mile of the city limits or city property outise the city
TRUE
54
TRUE OR FALSE once a person places garbage outside the curtilage for collection, the homeowner or renter loses his/her expectation of privacy
True
55
TRUE OR FALSE Once a suspect that is in custody in his/her right to counsel, the arresting officer may wait a period of two hours before questioning is re-initiated
False
56
An arrest warrant is valid for a period of ___ days
180
57
Identify three types of non-testimonial evidence that may be collected from a non-testimonial identification order
fingernails scrapings, photograph, handwriting exemplars
58
The U.S. constitution is divided into _____major articles
7
59
A statement that establishes quilt is ________
Inculpatory
60
The 6th amendment right to counsel attaches or begins at a critical or adversarial stage of prosecution. there are three in N.C., name those three
Appearance before magistrate, appearance before district court judge, indictment
61
A non-testimonial identification order served at least ____ hours before the time designated for the non-testimonial identification procedure to be conducted
72
62
TRUE OR FALSE Once a police officer develops reasonable suspicion a person is involved in criminal activity, he/she ,may arrest that person
False
63
The 8th Amendment of the U.S. constitution provides for three protections. Name the three protections
Cruel and unusual punishment, excessive bails, excessive fines
64
The 5th amendment of the U.S. constitution provides persons accused of crimes three specific protections identify those protections
Due process, self incrimination, double jeopardy
65
TRUE OR FALSE The plain view doctrine always allows for a warrant less entry into private premises
False
66
The 6th amendment of the U.S. Constitution gives an accused certain fundamental rights in criminal prosecutions. Identify those rights
Public trail, speedy trial, counsel, impartial jury, nature and cause, face accusers
67
TRUE OR FALSE Once an officer has entered a private residence as a result of an emergency, they may conduct a search for contraband
False
68
TRUE OR FALSE You are required by law to set forth an inventory of the products of a non-testimonial identification order
True
69
An officer may frisk a person when he/she has _________ ___________ the person may be armed and dangerous
Reasonable suspicion
70
A statement that denies quilt is ________
Exculpatory