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Criminal Law Flashcards

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1
Q

You have a felony arrest warrant

The address is correct

Under what circumstances can you make the arrest ?

A

No further information needed

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2
Q

The legislature passed a statute and you make an arrest under it

The court later finds it unconstitutional

What happens to your arrest ?

A

The arrest would be undone

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3
Q

Are “fighting words” protected speech ?

A

No

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4
Q

You enter a crime scene, are you allowed to conduct a protective sweep ?

How far can you go ?

A

Yes you can To ensure the scene is safe

Requires reasonable suspicion

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5
Q

What is probable cause ?

A

Facts and circumstances to warrant a prudent man in believing that a person has committed or was committing a crime

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6
Q

Is it an absolute requirement to verbally warn someone before using deadly force ?

A

No

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7
Q

If you are in a place where there is no expectation of privacy

Can you attach a GPS tracker to a car ?

A

No , you need to have a warrant

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8
Q

You have read Miranda to someone ,

they waived it ,

You are informed that the persons attorney is in the lobby

What must you do ?

A

Inform the suspect that their attorney is there

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9
Q

If you are somewhere and you believe that someone you see has a felony warrant

What must you do before arresting them

A

Confirm the warrant and their identity

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10
Q

Under what circumstances can you enter someone’s home to arrest them without a warrant ?

A

Exigency circumstances

Hot pursuit
Destruction of evidence
Emergency situations

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11
Q

Sources of law in INDIANA

A

Federal law

Us constitution

Bill of rights

Indiana constitution

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12
Q

Reasonableness of searches depends on what ?

A

Expectation of privacy

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13
Q

During an inventory a closed container is discovered

Can you look inside the container ?

A

You must follow department policy

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14
Q

What does search incident to arrest mean ?

A

You have the person in CUSTODIAL ARREST

You can search their person and surrounding area

( must be in immediate reach of the person)

“Wingspan reach”

Vehicles : passenger department ( only for Officer safety or preservation of evidence )

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15
Q

Under US constitutional law , when and how can you do a k9 sniff around the outside of a private building

A

With a warrant

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16
Q

What is a vehicle inventory ?

What are we allowed to do during an inventory , what is needed to do a inventory

A

Follow department SOP’s

Look throughout the vehicle for valuable items

Protects the department against fraduent claims

You need a seizure of the vehicle

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17
Q

In a OWI case how can you go about getting a blood sample ?

A

Implied consent

Warrant for a blood draw

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18
Q

What is serious bodily injury. ?

A

Injury that causes substantial Risk of death or

Serious permanent disfigurement

Unconsciousness

Extreme pain

Permanent or protracted loss or impairment of a body member

Loss of a fetus

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19
Q

How long do you have to execute a search warrant in IN

A

10 days

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20
Q

Felony crimes fall into how many categories

A

7

Lv1-6 and murder

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21
Q

3 forms of culpability or MENS REAS

A

Knowingly

Intentionally

Recklessly

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22
Q

What does it mean to attempt a crime ?

A

Taking a SUBSTANTIAL Risk toward commuting a felony or misdemeanor

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23
Q

What does conspiracy mean ?

A

A person AGREES with another to commit a FELONY and one of the 2 people commit a OVERT act

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24
Q

State statute defines a child as what ?

A

Anyone under 18yrs old

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25
Is a juvenile judication the same as a crime ?
No and it does not hold the same consequences as a crime
26
What is the carrol doctrine. ?
A warrantless search of a vehicle Vehicle must be mobile Occupants must be aware Evidence could be destroyed if time is taken to get a warrant
27
When do you read Miranda
When suspect is in custody (not free to leave) When asking potential incriminating questions
28
Felony vs misdemeanor
Felonies have sentences over a year Misdemeanors have sentences under a year
29
What is the AMS alternative misdemeanor sentencing
A reduction for felony sentences if they meet certain criteria
30
Is Indiana a death penalty state ?
Yes Must be done at the state prison
31
Levels of misdemeanors
A ,B And C
32
Levels of infraction
A , B , C , and D
33
What is the actus reas
The physical action of the crime
34
You receive good information that someone inside a private residence is in immediate need of assistance What do you do ?
This is exigent circumstances You can enter the residence without a warrant
35
If you take someone into custody without probable cause and question them What happens to their statements
They are not admissible in court
36
How is a suppression hearing started
The subjects lawyer has to challenge a charge or evidence
37
3 factors of reasonableness under Litchfield vs State
Extent of the intrusion Degree of suspicion Extent of law enforcement needs
38
What is the exclusionary rule ?
Suppresses evidence collected in 4th amendment violations It was judicially created And deters police misconduct
39
If there is a expectation of privacy what must you do
Get a warrant
40
2 things that make up a seizure
Physical control Intention to arrest/submission
41
Qualified immunity
Must be acting your duties in a reasonable manner Protects against federal civil liability Not criminal liability
42
What must you have to use Plain view , Plain smell , Plain feel
Are you lawfully present Is the incriminating character readily evident Is it lawfully accessible
43
You are investigating a crime and you tell the suspect that you found evidence , but you are lying The suspect then confessed What happens to that confession
It is still usable
44
What is the malinsky rule
In Indiana you must inform the suspect if a attorney shows up to speak to them
45
Indiana rule 6-17
During FELONY custodial interrogations in a place of detention It must be electronically recorded
46
Juvenile waiver of rights
Can be waived by an attorney as long as the child as counseled Can be waived by a custodial parent After having meaningful consultation By a court ordered guardian
47
For felonies general prosecution must start in what time frame
48hrs
48
How long are misdemeanor warrants good for before they expire
180 days
49
Do felony warrants expire ?
No
50
In a PUBLIC place can you make an arrest on _______________
Probable cause
51
In a private place (someone’s home) you make an arrest with _______
Warrant
52
During a search warrant you come across criminal items not listed in the warrant in PLAIN VIEW Can these items be used Why
Yes You have a legal reason to be there and it is in plain view
53
According to the 4th amendment what is the standard that determines if someone has been seized or not
Must have probable cause A reasonable person believes they are not free to leave
54
Under Indiana law who has greatest statutory arrest powers
Judges
55
Police can order who out of vehicles
Anybody
56
Rules of consent for a husband and wife living in a house
Must get consent from both parties
57
What is curtilage
Things on the property that aren’t the house but are associated with the home
58
Factors of curtilage
Proximity to the house Is it within a enclosed area around the house Use and nature of the area What are the steps taken to protect it from bystanders
59
What is the standard for using a road block to end a pursuit What do courts look at
Courts see this as deadly force and will see if it was justified
60
4th amendment exceptions for a search warrant
Plain view Search incident to arrest Carrol doctrine Exigent circumstances Protective sweeps Vehicle inventory
61
If a person has been read Miranda and declines to answer Is all questioning done forever
No
62
If someone says they do not want to answer questions and use their 5th amendment right How long before you can approach them again
14 days
63
In a suspect lineup can voice identification be used
Yes but all suspects must use the same phrase
64
How long after an arrest before a probable cause hearing is needed
48hrs
65
If someone claims their 5th amendment rights , but they have to testify to get immunity What kind of immunity is being granted
Transactional
66
General rules for running a k9 around luggage
Probable cause
67
What is PIRTLE
Suspect is not free to leave and asking consent to search Allowing them the right to counsil
68
Forced entry is needed to potentially save someone Contraband is found in plain view Can it be used
Yes you were inside under exigent circumstances ( legal reason )
69
Defenses of criminal arrests
Reasonable Use of force Intoxication Mental disease Mistake of fact Duress Entrapment Abandonment
70
Are attempt charges the same level of crime as the crime being attempted ?
Yes
71
Difference between voluntary manslaughter and murder
Voluntary manslaughter deals with sudden heat
72
What is sudden heat
Intense emotional reaction
73
What is battery
Touching someone in a rude , insolent or angry manner
74
Criminal recklessness
Knowingly or intentionally or recklessly preforming an act that causes substantial Risk of serious bodily injury
75
Strangulation
Rude , insolent , or angry manny Applies pressure to the neck Covers the nose or mouth Pressure to the torso
76
Criminal mischief
Knowingly or intentionally damages or defaces the property of another person without their consent B misd A misdemeanor if $750 6 felony if 50k
77
Burglary
A person who breaks and enters a building with the intent to commit a felony or theft Lv 5 felony
78
Residential entry
Knowingly or intentionally breaks and enters a dwelling Lv 6 felony
79
Theft
Knowingly or intentionally exerts unauthorized control over property of another person with the intent to deprive the owner of its value A misd 6 felony if it’s a vehicle or firearm
80
Conversion
Knowingly or intentionally exerts unauthorized control over another persons property
81
Resisting law enforcement
Knowingly or intentionally Forcibly resists Obstructs Interferes With a law enforcement officer A misd 5 felony if done with a vehicle
82
Disorderly conduct
Engages in fighting , or tumultuous conduct Making unreasonable noise after being told to stop Disrupts a lawful assembly of persons B misd
83
Intimidation
Making threats with intent A misd
84
Invasion of privacy
Violating a protective order A misd
85
How is Tenn vs Garner applied
Fleeing felon Most pose a threat of serious bodily injury to you or a 3rd party
86
How many people do you need to apply for the Indiana wire tap act
2
87
What separates dealing from possession
You need more than just the weight of the substance , you need that intent ( baggies , scales etc )
88
As a police officer can we go through somebody’s garbage ? If we do what must we go by
Yes , you can go through garbage with | Articulable reasonable suspicion Litchfield
89
If you are arresting someone for suspended misdemeanor driving Is search incident to arrest acceptable ?
No you would have to articulate Officer safety concerns or preservation of evidence for a search of the passenger compartment
90
What is the supreme courts definition of voluntary consent
Voluntary waiving the 4th amendment Under the TOTALITY OF THE CIRCUMSTANCES
91
If you have a valid arrest warrant for someone and that person is at another persons house How do you go about arresting that person
With a search warrant for that other persons house
92
Tort claims act protects us against what
State civil liability
93
6th amendment attaches at what stage ?
Critical stage
94
What are enhancements Examples of enhancements
Things that up the level of crime Prior convictions for the same offense Possession of a firearms during the crime Commuting the crime within 500ft of a school In the presence of a minor
95
What Indiana criminal statute cannot be enforced do to Supreme Court rulings
Flag burning
96
To arrest someone for obscenity what must you have
A warrant
97
Rules for a k9 on a traffic stop
Reasonable suspicion Cannot prolong the traffic stop
98
What does meaningful consultation mean
a consultation in private
99
Public intoxication
Being in a public place while intoxicated Endangering themselves Endangering others

Criminal Law (1 decks)

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