Braun Approved Flashcards
(156 cards)
1
Q
What are the exceptions to the “knock and announce” rule?
A
- Prior knowledge that the police are coming
- An attempt by the occupants to destroy evidence or escape
- If knock and announce would endanger the police officers lives
- A justifiable belief that there is possible danger of bodily harm w/in
2
Q
What are the procedures for a knock and announce entrance?
A
- Knock at the normal entrance to a dwelling loud enough so that an average person should hear the knock
- Announce at the normal entrance to a dwelling your police presence, authority, and a verbal command to allow entrance loud enough so that an average person should hear the announcement
- Wait for the amount of time it would take an average person to get to the normal entrance from the furthest part of the dwelling to allow entrance
- If no response, use the minimum amount of force necessary to gain entrance
3
Q
Do the knock and announce rules apply to interior doors?
A
Yes, interior doors or windows
4
Q
Can evidence ever be surgically removed from a person’s body to be used in court?
A
No, however the withdrawal of blood is not included
5
Q
If an anonymous third party reports suspicious activity to an officer, can the officer take any action?
A
Yes, the officer can conduct a preliminary investigation
6
Q
May an officer open a closed container found on a subject during a search incident to a lawful arrest?
A
Yes
7
Q
While executing a valid arrest warrant on a subject the officer notices, in plain view, other items, which immediately are identified as fruits of a crime, can the officer, seize those items without a separate search warrant?
A
Yes, if an officer is lawfully within a dwelling and observes, in plain view, criminal evidence, that evidence may be seized and presented as evidence in court.
8
Q
What are the reasons for conducting an inventory of a vehicle in police custody incident to a valid arrest?
A
- To protect the officer/department from liability/accusations of theft or vandalism
- To protect the property of the owner (must be written in the departmental procedure)
9
Q
If an officer has probable cause to believe that a vehicle contains fruits of a crime, can that officer stop and search the vehicle without a search warrant?
A
Yes, according to the Carroll rule
10
Q
Define “The Carroll Rule”
A
An officer may seize a vehicle without a warrant if the following criteria are met: the vehicle must be operable, the vehicle must be in a public place and there must be P.C. to believe that there is evidence or fruits of a crime located inside the vehicle.
11
Q
Can an officer conduct an outer clothing pat down search on a subject stopped for an infraction?
A
Yes, if the officer has reasonable suspicion to believe that the person is armed, dangerous or poses a threat to the officer or the public.
12
Q
Do citizens have the right to sue on the miss-issuance of a warrant?
A
Yes
13
Q
What is Habeas Corpus?
A
- The right to challenge incarceration
- The right to Due Process
14
Q
What is the “two pronged test” in using hearsay evidence to establish probable cause in issuing a warrant?
A
- Determining how the informant came by his information
- Why the informant is reliable
15
Q
If an officer makes an unauthorized, non-consensual entrance into a private place and as a result observes evidence of a crime, can the officer obtain a search warrant based on the unlawful observation and then make a lawful seizure of the evidence with the obtained search warrant?
A
No
16
Q
What is the independent source doctrine?
A
If an officer develops P.C. to search a private place, makes an unauthorized entry, observes incriminating evidence, and then secures a search warrant using only the previously established P.C. The evidence seized during the execution of the warrant would still be admissible if the facts show that the P.C. was not based on the observation of the evidence.
17
Q
In the case of an arrest made without a previously issued arrest warrant, the constitution requires what?
A
A prompt judicial determination of probable cause (48 hours)
18
Q
Who may issue a warrant?
A
A neutral and detached judicial officer (Judge or Magistrate)
19
Q
What are the two primary components of probable cause?
A
- Facts
2. Circumstances
20
Q
What are the five types of damages from a lawsuit?
A
- Nominal damages (small amounts)
- Actual or compensatory damages (Lost wages, medical bills)
- Punitive damages (punish the wrongdoer personally, large amounts)
- Attorney/Court costs
- Injunctive judgments (injunctions)
21
Q
Miranda warnings must be given when?
A
Only when a subject is in police custody and subject to interrogation
22
Q
What is the “reasonable person rule” when speaking of search warrants
A
You may only search the areas that a reasonable person would believe could contain the items listed on the warrant
23
Q
What is the murder scene exception?
A
If officers are called to the scene of a homicide, a warrant less entry may be made due to the exigent circumstances. A prompt search of the dwelling is authorized to search for additional victims, assailants or weapons and any incriminating evidence observed in plain view may be seized. Once they are secure however, a warrant must be obtained before an extensive search or intrusive investigation may be conducted. The fact that a homicide has occurred does not constitute an exception to the warrant requirement set forth by the Fourth Amendment
24
Q
What are the three requirements for a “plain view seizure”?
A
- The officer must be lawfully placed
- The evidence must be inadvertently discovered
- The officer must have probable cause to believe that the item seized is evidence of a crime
25
Give a brief definition of a “Terry stop”
A brief temporary detention based on less than probable cause
26
What are the three ways to obtain formal criminal charges?
1. Grand jury indictment
2. Prosecutor’s information
3. Defenses initial hearing
27
What would constitute exigent circumstances authorizing an unwarranted search?
1. Police Fresh Pursuit of a Felon
2. Life or Death Threat
3. Threat of substantial property damage
28
What is certiorari
A petition by the appellate court for a Supreme Court review
29
What is the definition of "good faith"?
The belief and intention of doing the right thing
30
In a sentence of 50 + years or the death penalty, where must the findings automatically be sent?
Indiana Supreme Court
31
In which federal district court is Indiana located?
7th District in Chicago
32
What is the statute of limitation for a misdemeanor?
2 Years
33
What is the statute of limitation for a B, C or D felony?
5 Years
34
What is the statute of limitation for an A felony and murder?
No limitation
35
What is the Corpus Delecti rule? (The Body of a Crime)
A person cannot be prosecuted on a confession alone; there must be physical or circumstantial evidence of a crime having taken place
36
For an officer to lawfully stop a motor vehicle for an infraction violation, what one of two things must be present?
1. The officer must either be in an identifying uniform
| 2. In a clearly recognizably marked car.
37
Where can you arrest a person if you possess a warrant for their arrest?
In the home of the person named on the warrant or in a public place setting. You may not gain automatic access to a 3rd party home; you would then need a separate search warrant for that individual in that 3rd party dwelling or exigent circumstances
38
You must personally witness a misdemeanor to make a warrant less arrest of the subject except when?
- Battery resulting in visible physical injury
- DUI resulting in an accident
- Hit and run accident
- Stalking
- Invasion of privacy
39
What is a gun violation
Carrying w/o a permit/False permit
40
If an officer lawfully enters a dwelling and smells marijuana, may he search for marijuana?
Yes, all 5 senses may be used to justify the plain view rule authority
41
What are the two instances when an officer must stop interrogation
1. When the suspect wants to speak to an attorney
| 2. When the suspect wants to stop talking
42
In the detention of a juvenile, must the parents be Mirandize
Yes, both the parents and the juvenile
43
Is a roadblock considered a seizure under the Fourth Amendment?
Yes
44
What does Mala Prohibita mean?
Wrong simply because it is prohibited usually by legislation
45
What is the state statute’s definition of “recklessly"
Consciously and with unjustifiable disregard for the harm to others which might result from the action
46
In state statute 35-42-5-1, what does each number stand for?
35=title 42=article 5=chapter 1=section
47
What does mens rea mean?
Guilty mind or criminal intent
48
What does the state statute consider to be mens rea?
-Recklessly – knowingly – intentionally
49
Must a written consent to search be obtained from a subject who is not in police custody?
No - Terry Stop Authority
50
Are one person show-ups always a violation of a defendant’s rights?
No
51
Which method of identifying a suspect is the most accepted?
Live Line-ups
52
Does a non-indicted suspect have the right to have an attorney present for a pre-trial line up?
No, only if formal charges have been filed
53
Can a suspect, after invoking their Miranda rights, give a voluntary, admissible statement?
Yes, as long as it is given voluntarily and not through coercion
54
May the police seize a subject for interrogation only?
, it would be a violation of the person’s Fourth Amendment rights
55
What was the single biggest fear of the men who drafted the U.S. Constitution
An oppressive government
56
Who is considered to be the most visible reminder of possible oppression?
The uniformed police officer
57
What is the meaning of the “exclusionary rule”?
A rule of law that excludes evidence regardless of its relevance or importance, if it is produced by police misconduct that violates the rights of the person objecting to its introduction.
58
What part of the U.S. Constitution does the “exclusionary rule” fall under
The fourth, Fifth and Sixth Amendments and in state cases the Fourteenth Amendment
59
Which two entities could abolish the “exclusionary rule”?
1. The Supreme Court
| 2. An amendment to the Constitution
60
Officials performing what two functions have absolute immunity from monetary damages as long as the acts are performed within the scope of their original duty?
Judicial and Legislative functions
61
What is a tort?
A wrongful act by one person against another person – a civil wrong, other than a breach of contract, for which the court will provide a remedy in the form of an action for damages
62
What three categories can torts be divided into?
1. Intentional wrongs
2. Strict liability
3. Negligence
63
Civil liability involves what concepts?
1. Duty
2. Breach of duty
3. Proximate causation
4. Resulting damages
64
Under state law, what are the four most frequent common law actions that police officers face?
1. Assault & battery
2. Wrongful death
3. False arrest
4. False imprisonment
65
What consists of “an unlawful restraint upon a person’s freedom of movement or a deprivation of the liberty of another with out his consent”?
False imprisonment
66
For the purpose of civil liability, what is a city considered under the Federal Civil Rights Act?
A person
67
Where does the process of public review of police conduct begin?
The initial police/citizen contact
68
Is a police officer immune from criminal prosecution while on duty conducting official police business?
No
69
What is the test to determine if an officer has qualified immunity from monetary damages?
The objective reasonableness of the officer’s actions
70
Are federal law enforcement officers liable for damages under the Federal Civil Rights Act?
No, the FCRA is directed at actions taken under state law
71
Unprivileged battery is a tort which can also be what?
Punishable as a crime
72
For every wrong, the law provides what?
A remedy
73
What is the “initial stage” of a criminal prosecution
An arrest
74
What is affected by whether an officer is dealing with a misdemeanor or a felony?
The officer’s arrest authority
75
What is the rule of fresh pursuit?
When a warrant less arrest of a felon is set in motion in a public place, the subject may not defeat the arrest by retreating into a private dwelling. The police may enter the private dwelling to affect the arrest and conduct a search incidental thereto.
76
During a routine stationhouse booking of a person incident to an arrest, what are the police allowed to do without a warrant?
Search the arrestee as well as any containers in the person’s possession whether open or closed.
77
What is the definition of reasonable force?
The only force permitted is that which an ordinary, intelligent and prudent person would use if he had the knowledge and if he were in the same situation as the arresting officer.
78
What is the doctrine of self-defense?
If what begins as a peaceful arrest for either a misdemeanor or felony suddenly changes into a situation in which force applied by the arrestee imperils the life of the arresting officer, he may defend himself with like force but with no more force than is necessary.
79
What is the main question asked during a review of a seizure?
Reasonableness
80
What is the definition for the use of deadly force?
Deadly force is the last resort afforded to officers to affect the arrest of a felon who the officer believes poses the threat of serious physical harm to the officer or others or has committed a felony involving the infliction or threatened infliction of serious physical harm.
81
Any means used by the police which is successful in stopping a fleeing suspect is considered to be what?
A seizure
82
What are the four factors used to determine curtilage?
1. How close is the area to the house
2. Is the area included in an enclosure surrounding the dwelling
3. Was the area being used for the intimate activities of the home
4. Has the resident taken steps to protect the area from observation by people passing by
83
What is the definition of open fields?
Any unoccupied or undeveloped area outside of the curtilage
84
What is the definition of curtilage?
The enclosed space of ground and buildings immediately surrounding a dwelling house.
85
What may be referred to as the foundation of law enforcement authority?
Probable cause
86
What is the definition of mere evidence?
Evidence not amounting to contraband or the fruits or instrumentality’s of a crime
87
What does the scope of a search made incidental to a lawful arrest include?
The person of the arrestee and the area into which he could reach to obtain a weapon or to destroy evidence – the area under his immediate control
88
Who determines a defendant’s sentence?
The judge
89
What part of the U.S. Constitution necessitates the Miranda warning requirement?
5th and 6th Amendments
90
What part does a jury play in sentencing the death penalty
They may recommend it but not issue it
91
Can probable cause be built on hearsay
yes
92
How long is an arrest warrant for a misdemeanor valid?
6 months or 180 days, but can be re-issued before expiration and making it good forever
93
How long is an arrest warrant for a felony valid?
Infinite unless dismissed, destroyed or served
94
How long is a search warrant valid
10 days
95
Police officers can ________ probable cause.
Develop
96
After being arrested with or without a warrant, and after probable cause has been established, what is every person entitled to?
An initial hearing
97
What takes place during an initial hearing?
1. 1st formal proceeding in front of the judge
2. Defendant is informed of the charges
3. Plea is entered
4. Bail may be set
98
What does the warrant process do for the criminal justice system?
1. Decreases the element of human error
| 2. Cuts down on civil liability aspect of an arrest
99
In what form must a warrant be before it may be served
In writing (hard copy)
100
Which type of warrant requires that you have the hard copy in your possession when serving the warrant?
Search warrant – a copy must be left with the resident, all non listed plain view seizures must be added to the list – must be returned to the court
101
Which people must be present and involved in securing a search warrant
1. Judge
| 2. Prosecutor
102
An arrest warrant is good for what?
Only the person named or specifically described in the warrant
103
What determines the point at which the search is legally complete?
You find all objects listed on the warrant or you have searched all of the area that the objects may be located
104
What is a protective sweep?
If facts are brought to your attention (5 senses) that there may be additional criminals located in a dwelling in which you are lawfully present, you may do a room-by-room sweep to locate those criminals for officer safety.
105
What courts activities should you be monitoring as an Indiana law enforcement officer?
1. U.S. Supreme Court
2. 7th District Circuit Court of Appeals
3. Indiana Supreme Court
4. Indiana Court of Appeals
5. Federal and State Trial Courts
106
Who follows trial court opinions
Only the parties involved
107
Who makes federal and state regulations
Executive branch
108
Where can you find the state regulations?
Indiana Administrative Code
109
What are the ways that an arrest warrant could be served at the home of a third party?
1. 3rd party consent
2. Fresh pursuit of a felon
3. Search warrant for 3rd party residence
4. Exigent circumstances
110
What two things about a warrant can a court decide
1. If a warrant may be issued
| 2. How a warrant may be served
111
Must a written consent to search be obtained from a subject not in police custody?
No, Carroll rule, Terry Stop
112
What information must a search warrant contain?
1. Specific location
| 2. Objects of the search
113
What is considered a reasonable amount of time in regards to the knock and announce rule?
1 minute or the amount of time it would take the average person to come from the furthest point in the dwelling and allow for entry.
114
Where is the threshold for a public place setting for a fresh pursuit situation?
The middle of the front door
115
What are the separation of powers?
The splitting of the power to the executive, legislative and judicial branches
116
What determines probable cause under the use of the totality of the circumstances test?
When a reasonable or prudent person would believe that the subject according to the totality of the circumstances had committed a crime
117
What are the two elements needed to prove that there was an attempt to commit a crime?
Intent – a substantial step towards completion of the crime
118
What are common laws?
Laws passed down through time and tradition
119
What are the three forms of law
1. Common
2. Case Law
3. Statutes
120
What is the statutory definition of Corpus Delecti?
the body of a crime
121
May a police officer open a closed container found on a person during a search incident to a lawful arrest?
Yes
122
Are voluntary incriminating statements from a suspect before he has been advised of his Miranda rights admissible in court?
Yes, as long as there were no interrogative questions
123
Does the exclusionary rule apply to citizens as well as police officers?
No, it applies to citizens only if they are working as agents of the police
124
What is the state statute’s definition of the term knowingly?
The awareness of high probability that the conduct engaged in is unlawful
125
What is the state statute’s definition of the term intentionally?
It is the totally conscious of the wrongfulness of the conduct before, during and after engaging in it
126
Can an arrest take place without advising the suspect that they are under arrest?
Yes
127
What will the courts always look for in a Miranda situation?
Substance over form
128
Can an officer use some degree of dishonesty to bring about a confession?
Yes
129
Do exigent circumstances ever exceed the need to Mirandize before questioning?
-Yes, if the threat of serious harm is immediately apparent
130
Is it possible to over Mirandize a suspect?
Yes, a defense attorney can claim harassment
131
Do Miranda rights have to be in writing?
No
132
What two things must be present to establish murder?
1. Malice
| 2. Premeditation
133
Can probable cause be based on hearsay?
Yes, if the information can be supported by independent investigation
134
Can a subject be stopped and frisked without probable cause?
Yes if there is reasonable suspicion that there is a crime afoot an outer clothing pat down is authorized if suspects are believed to be armed or dangerous
135
Is deadly force ever justified in a misdemeanor arrest?
No, only if the situation escalates to felony resisting
136
What are the three types of legal systems and the determining factors of guilt for each?
1. Criminal- beyond a reasonable doubt
2. Civil- preponderance of the evidence
3. Infraction- good faith belief
137
What are the four criteria used to justify the use of deadly force?
1. Suspect must be a felon
2. Armed and dangerous
3. Threat to officer safety
4. Last resort
138
Can resisting law enforcement be either a misdemeanor or a felony?
- Yes, resisting on foot is a misdemeanor
| - Resisting in a vehicle is a felony
139
What are the levels of force continuum?
1. Police officer presence
2. Presence with verbal commands
3. Physical movements
4. Soft body contact
5. Hard body contact
6. Intermediate weapons
7. Deadly force
140
Suspect identification is covered under what amendment?
14th
141
What is the most powerful event that can occur at a trial?
Suspect identification – pointing the finger
142
What are the two main reasons an officer will search someone incident to a lawful arrest?
1. To look for a weapon and or means of escape
| 2. To prevent the subject from destroying evidence
143
If an officer enters a residence under exigent circumstances can he seize any evidence he inadvertently sees in the residence?
Yes if it is in plain view, is immediately apparent as fruits of a crime and is discovered inadvertently
144
Name three methods of suspect identification
1. Live line-up
2. One-person show up
3. Photograpic array
145
Give an example of a common suspect location method
Single person photo – video – sketch
146
You have a warrant for A. A is in B’s home. How can you arrest A?
Obtain consent to enter B’s home, get a warrant to enter B’s home, or have extenuating circumstances (such as foot pursuit)
147
What is the procedure called if the defense wants to throw out evidence?
Motion to Suppress
148
What is the definition the use of deadly force?
Deadly force is the last resort afforded to officers to affect the arrest of a felon who the officer believes poses the threat of serious physical harm to the officer or others or has committed a felony involving the infliction or threatened infliction of serious physical harm.
149
If suspects A and B are in a room and you are talking to suspect A, suspect B shouts incriminating things are they admissible?
Yes
150
When there are no exigent circumstances, what is the best method for a search?
Get a warrant
151
Can you burn a draft card?
No - Government Document
152
What is the length of imprisonment for felonies & misdemeanors?
Felony – year or more
| Misdemeanors – up to a year
153
What is the Federal Civil Rights Act?
A police officer is liable for his actions if
1. He acts under State law (2) to deprive a person of rights, privileges, or immunities which are protected under Federal law.
154
Where can you arrest a person if you possess a warrant for their arrest?
In the home of the person named on the warrant or in a public place
155
Are federal law enforcement officers liable for damages under the Federal Civil Rights Act?
No, the FCRA is directed at actions taken under state law
156
What is the difference between Mala Prohibita & Mala In Se?
MALA PROHIBITA – wrong because it is prohibited by legislation; not immoral (Speeding)
MALA IN SE – wrong in and of itself; immoral (Murder, Rape, Theft)
