Braun Approved Deck 4 Flashcards
(25 cards)
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
Which people must be present and involved in securing a search warrant
- Judge
2. Prosecutor
An arrest warrant is good for what?
Only the person named or specifically described in the warrant
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
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
What courts activities should you be monitoring as an Indiana law enforcement officer?
- U.S. Supreme Court
- 7th District Circuit Court of Appeals
- Indiana Supreme Court
- Indiana Court of Appeals
- Federal and State Trial Courts
Who follows trial court opinions
Only the parties involved
Who makes federal and state regulations
Executive branch
Where can you find the state regulations?
Indiana Administrative Code
What are the ways that an arrest warrant could be served at the home of a third party?
- 3rd party consent
- Fresh pursuit of a felon
- Search warrant for 3rd party residence
- Exigent circumstances
What two things about a warrant can a court decide
- If a warrant may be issued
2. How a warrant may be served
Must a written consent to search be obtained from a subject not in police custody?
No, Carroll rule, Terry Stop
What information must a search warrant contain
- Specific location
2. Objects of the search
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.
Where is the threshold for a public place setting for a fresh pursuit situation?
The middle of the front door
What are the separation of powers
The splitting of the power to the executive, legislative and judicial branches
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
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
What are common laws?
Laws passed down through time and tradition
What are the three forms of law
- Common
- Case Law
- Statutes
What is the statutory definition of Corpus Delecti?
the body of a crime
May a police officer open a closed container found on a person during a search incident to a lawful arrest?
yes
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
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
