Braun Approved Deck 1 Flashcards
(25 cards)
Give a brief definition of a “Terry stop”
A brief temporary detention based on less than probable cause
What are the three ways to obtain formal criminal charges?
- Grand jury indictment
- Prosecutor’s information
- Defenses initial hearing
What would constitute exigent circumstances authorizing an unwarranted search?
- Police Fresh Pursuit of a Felon
- Life or Death Threat
- Threat of substantial property damage
What is certiorari
A petition by the appellate court for a Supreme Court review
What is the definition of “good faith”?
The belief and intention of doing the right thing
In a sentence of 50 + years or the death penalty, where must the findings automatically be sent?
Indiana Supreme Court
In which federal district court is Indiana located?
7th District in Chicago
What is the statute of limitation for a B, C or D felony?
5 Years
What is the statute of limitation for a misdemeanor?
2 Years
What is the statute of limitation for an A felony and murder?
No limitation
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
For an officer to lawfully stop a motor vehicle for an infraction violation, what one of two things must be present?
- The officer must either be in an identifying uniform
2. In a clearly recognizably marked car.
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
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
What is a gun violation
Carrying w/o a permit/False permit
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
What are the two instances when an officer must stop interrogation
- When the suspect wants to speak to an attorney
2. When the suspect wants to stop talking
In the detention of a juvenile, must the parents be Mirandize
Yes, both the parents and the juvenile
Is a roadblock considered a seizure under the Fourth Amendment?
yes
What does Mala Prohibita mean?
Wrong simply because it is prohibited usually by legislation
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
In state statute 35-42-5-1, what does each number stand for?
35=title 42=article 5=chapter 1=section
What does mens rea mean?
Guilty mind or criminal intent
What does the state statute consider to be mens rea?
-Recklessly – knowingly – intentionally
