Braun Approved Deck 5 Flashcards
(32 cards)
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
Can an arrest take place without advising the suspect that they are under arrest?
yes
What will the courts always look for in a Miranda situation?
Substance over form
Can an officer use some degree of dishonesty to bring about a confession
yes
Do exigent circumstances ever exceed the need to Mirandize before questioning?
Yes, if the threat of serious harm is immediately apparent
Is it possible to over Mirandize a suspect?
Yes, a defense attorney can claim harassment
Do Miranda rights have to be in writing?
no
What two things must be present to establish murder?
- Malice
2. Premeditation
Can probable cause be based on hearsay?
Yes, if the information can be supported by independent investigation
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
Is deadly force ever justified in a misdemeanor arrest?
No, only if the situation escalates to felony resisting
What are the three types of legal systems and the determining factors of guilt for each?
- Criminal- beyond a reasonable doubt
- Civil- preponderance of the evidence
- Infraction- good faith belief
What are the four criteria used to justify the use of deadly force?
- Suspect must be a felon
- Armed and dangerous
- Threat to officer safety
- Last resort
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
What are the levels of force continuum?
- Police officer presence
- Presence with verbal commands
- Physical movements
- Soft body contact
- Hard body contact
- Intermediate weapons
- Deadly force
Suspect identification is covered under what amendment?
14th
What is the most powerful event that can occur at a trial?
Suspect identification – pointing the finger
What are the two main reasons an officer will search someone incident to a lawful arrest?
- To look for a weapon and or means of escape
2. To prevent the subject from destroying evidence
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
Name three methods of suspect identification
- Live line-up
- One-person show up
- Photograpic array
Give an example of a common suspect location method
Single person photo – video – sketch
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)
What is the procedure called if the defense wants to throw out evidence?
Motion to Suppress
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.
