Braun Approved Deck 3 Flashcards
(25 cards)
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.
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.
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.
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.
What is the main question asked during a review of a seizure?
Reasonableness
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.
Any means used by the police which is successful in stopping a fleeing suspect is considered to be what?
A seizure
What are the four factors used to determine curtilage?
- How close is the area to the house
- Is the area included in an enclosure surrounding the dwelling
- Was the area being used for the intimate activities of the home
- Has the resident taken steps to protect the area from observation by people passing by
What is the definition of open fields?
Any unoccupied or undeveloped area outside of the curtilage
What is the definition of curtilage?
The enclosed space of ground and buildings immediately surrounding a dwelling house.
What may be referred to as the foundation of law enforcement authority?
Probable cause
What is the definition of mere evidence?
Evidence not amounting to contraband or the fruits or instrumentality’s of a crime
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
Who determines a defendant’s sentence?
The judge
What part of the U.S. Constitution necessitates the Miranda warning requirement?
5th and 6th Amendments
What part does a jury play in sentencing the death penalty
They may recommend it but not issue it
Can probable cause be built on hearsay
yes
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
How long is an arrest warrant for a felony valid?
Infinite unless dismissed, destroyed or served
How long is a search warrant valid
10 days
Police officers can ________
Develop
After being arrested with or without a warrant, and after probable cause has been established, what is every person entitled to?
An initial hearing
What takes place during an initial hearing?
- 1st formal proceeding in front of the judge
- Defendant is informed of the charges
- Plea is entered
- Bail may be set
What does the warrant process do for the criminal justice system?
- Decreases the element of human error
2. Cuts down on civil liability aspect of an arrest
