IZD1901 > EXM.2 > Flashcards

EXM.2 Flashcards

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1
Q

What do you need in order to stop someone?

A

Reasonable Suspicion

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2
Q

The five (5) Burdens of Proof

A

(1) Reasonable Suspicion
(2) Probable Cause
(3) Preponderance of Evidence
(4) Clear & Convincing
(5) Beyond a Reasonable Doubt

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3
Q

What is the Burden of Proof for a Temporary Detention?

A

Reasonable Suspicion

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4
Q

What is the required “Burden of Proof” to make a traffic stop?

A

Reasonable Suspicion

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5
Q

Burden of Proof - “Reasonable Suspicion” Allows an officer to?

A

To temporarily Detain someone - “Temporary Detention”

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6
Q

Must be based on facts known at the time, not later on for an officer to have?

A

Reasonable Suspicion

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7
Q

Case that gave birth to “Reasonable Suspicion” which was lower burden of proof than Probable Cause

A

Terry v. Ohio (1968)

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8
Q

What is a “Terry Stop”

A

Reasonable Articulable Suspicion of Criminal Activity that is a Foot

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9
Q

(5) Landmark cases applicable to the 4th Amendment of the U.S. Constitution

A

(1) Weeks v. US
(2) Silverthorne Lumber Co.
(3) Mapp v. Ohio
(4) Terry v. Ohio
(5) Chimel v. California

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10
Q

True or false - Idaho is NOT a “Stop & Identify” state in the context of a Terry Stop

A

true

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11
Q

List (10) Ten Types of “Warrantless Searches”

A

(1) - Consent
(2) - Search Incident to Arrest
(3) - Vehicles
(4) - Plain View
(5) - Plain Feel
(6) - Plain Smell
(7) - Open View
(8) - Terry Stop / Frisk
(9) - Hot Pursuit
(10) - Exigent Circumstances

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12
Q

What is a “Terry Stop”

A

Reasonable Articulable Suspicion of Criminal Activity that is a Foot

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13
Q

What is a “Terry Frisk”

A

Belief that a person is ARMED and DANGEROUS allows to frisk for weapons

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14
Q

Can county detention officers make arrests in certain situations?

A

YES

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15
Q

Can a judge issue an order authorizing the temporary detention of an individual, for the purpose of obtaining
evidence of identifying physical characteristics, of an identified or particularly described
individual residing in or found in the jurisdiction over which the judicial presides?

A

YES

Idaho Code 19-625(1)

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16
Q

What is a “Detention Warrant”?

A

A detention warrant is for the purpose of obtaining evidence of physical characteristics —
not testimonial evidence.

An officer can NOT obtain a detention warrant in order to speak with a
suspect and/or try to obtain a confession. A detention warrant cannot overcome the 5th
Amendment’s protections.

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17
Q

The Seven (7) Step Process taught
(SIS-ART-O)

A

(1) Seizure
(2) Interrogation
(3) Search
(4) Arrest / Citation Decision
(5) Report Writing
(6) Testifying in Court
(7) Other Considerations

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18
Q

What is the difference between ”Search” and “Seizure”?

A

Search = Looking
Seizure = Taking

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19
Q

Difference between: “Open View Doctrine” and “Plain View Doctrine”

A

Open View Doctrine: Applies to warrantless searches from a location open to the public that is not constitutionally protected

Plain View Doctrine: Applies to warrantless seizures of items while lawfully in a constitutionally protected area

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20
Q

Applies to warrantless seizures of items while lawfully in a constitutionally protected area

A

The Plain View Doctrine

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21
Q

What is “Standing”?

A

A defendant does not have automatic standing to proceed on a motion to surpass evidence.

Rather, the defendant has the threshold of burden to show that a search or seizure occurred which infringed on his or her reasonable or legitimate expectation of privacy in the search or property seized.

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22
Q

A legal principle that prevents evidence obtained in violation of a person’s constitutional rights, particularly though illegal searches and seizures under the 4th amendment, from being used in criminal trails.

A

Exclusionary Rule

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23
Q

Does the 4th Amendment of the US Constitution apply during a traffic stop seizure?

A

YES

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24
Q

Does the Article I - Section 17 of the Idaho Constitution apply during a traffic stop seizure?

A

YES

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25
What is the preferred mechanism for for searches and seizures?
Warrants
26
Is it legal for an Officer to ask for identification? Does it constitute a seizure?
NO So long as the officer does not convey a message that compliance is required it is deem consensual and not reasonable suspicion is required Reasonable suspicion is required once law enforcement prevents someone from leaving by retaining their identification and is considered a seizure
27
“The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and warrants shall not issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
4th Amendment
28
An _____________ warrant is a written order issued by a judge commanding the seizure of the person named. An arrest warrant must be based on a complaint that alleges probable cause that the person named committed a specific offense.
“Arrest” See Idaho Code § 19-607.
29
(3) requirements for Miranda rights to apply
(1) Suspect in Custody (2) Subject to Interrogation (3) Interrogated by Police
30
(4) Miranda warnings
(1) You have the right to remain silent (2) Anything you say can and will be used against you in a court of law (3) You have the right to an attorney (4) If you cannot afford an attorney one will be provided to you at no cost
31
When are Miranda Advisements/Warnings required?
Only when custody or interrogation coexist, “creating compelling pressures” that necessitate warnings to protect 5th and 6th amendment rights.
32
Name the Landmark Case where a kidnapping and rape suspect had his 5th & 6th Amendment rights violated during interrogation?
Miranda v. Arizona (1966)
33
Name the Landmark Case where a traffic stop questioning was not considered custodial interrogation requiring Miranda Warnings be given?
Berkemer v. McCarty (1984)
34
Name the Landmark Case clarified that subtle police tactics do not always violate Miranda Protections?
Rhode Island v. Ennis (1980)
35
An officer’s observations from a location or vantage point that is open to the public does not constitute a search, therefore the 4th amendment does not apply
The Open View Doctrine
36
Difference between: “Open View Doctrine” and “Plain View Doctrine”
Open View Doctrine: Applies to warrantless searches from a location open to the public that is not constitutionally protected Plain View Doctrine: Applies to warrantless seizures of items while lawfully in a constitutionally protected area
37
Applies to warrantless searches from a location open to the public that is not constitutionally protected
The Open View Doctrine
38
Applies to warrantless seizures of items while lawfully in a constitutionally protected area
The Plain View Doctrine
39
What is the “Open Fields Doctrine”?
Searches of open fields are excluded from the warrant requirement. Although fences, landscaping and signs may strengthen the expectation of privacy, they do not per se create a reasonable expectation of privacy. Observations and photographs may be within the scope of the open fields doctrine.
40
Does the 4th Amendment apply to “Open View Doctrine”?
NO It does not apply and offers no protections
41
Name the “Plain View Doctrine” Case?
Texas v. Brown (1983)
42
What case held the “Silver Platter doctrine” was in violation of 4th Amendment
Elkins v. U.S. (1960) which paved way for Mapp v. Ohio (1961) to eliminate it completely
43
What is “The Carrol Doctrine"
Vehicle is readily mobile and allows you to search without a warrant if you believe vehicle contains Probable Cause
44
What is the Burden of Proof in an infraction trial?
Beyond a Reasonable Doubt
45
What is the Burden of Proof for a Voluntary Encounter?
None No 4th Amendment Applicable
46
What is the Burden of Proof for a Temporary Detention?
Reasonable Suspicion
47
What is the Burden of Proof for an Arrest?
Probable Cause
48
What is the required “Burden of Proof” to make a traffic stop?
Reasonable Suspicion
49
(2) Concepts of - Burden of Proof
(1) Burden of Production - State must satisfy. Also know as Burden of going forward. Requires the prosecutor to put forth evidence in the form of testimony, documents or objects. (2) Burden of Persuasion
50
Burden of Proof - "Probable Cause” Allows an officer to?
"Arrest" or “Search" Pursuant to a valid warrant exception
51
Burden of Proof - “Reasonable Suspicion” Allows an officer to?
To temporarily Detain someone - "Temporary Detention"
52
Case that gave birth to “Reasonable Suspicion” which was lower burden of proof than Probable Cause
Terry v. Ohio (1968)
53
What is the highest burden of proof standard?
Beyond A Reasonable Doubt
54
Burden of proof - that requires plaintiff to prove that a particular fact is substantially more likely than not to be true
Clear and Convincing
55
What is the “Burden of going forward”?
Most often the party who holds this is the accuser The party with the legal burden of proof presents first If insufficient it does not move forward
56
Does using a flash light at night during a traffic stop deem it a “Seizure”?
No as long as there are not “blue/Red” lights on
57
What case law deem a flash light at night not a seizure?
State v. Baker
58
Can you order anyone out of the car during a traffic stop?
Yes
59
What case law allows officers to pull anyone out of the car during a traffic stop
60
Do you have to detain someone in order to frisk them?
No Detention Needed
61
What are the (3) Things needed for a “Vehicle Frisk”?
1) the suspect is detained pursuant to a lawful stop; (2) the officer reasonably believes that the suspect is armed and poses a danger to the officer or others; (3) the officer reasonably believes that the suspect may gain immediate control of weapons located inside an automobile.
62
An officer’s use of weapons during a _________ _______ necessarily convert the stop into a de facto arrest. Officers may use reasonable precautionary measures to ensure the safety of themselves or others during a stop. In addition, an officer may use reasonable force necessary to effectuate the stop and maintain the status quo.
Does NOT State v. Rawlings / State v. Cook
63
Can someone lie about their name or identity during a voluntary or consensual encounter?
Yes They can NOT during an investigation of a crime however
64
What was State v. George?
Where a Native American was pulled from the vehicle on a traffic stop in Idaho, refusing to give officer their Drivers License
65
Case Where a Native American was pulled from the vehicle on a traffic stop in Idaho, refusing to give officer their Drivers License
State v. George
66
The “Trifecta” used for when Miranda Warnings Apply
OIC O = Officer - “Government Actor” I = Interrogation of a Crime C = Custody
67
Does the 5th Amendment state you have “a right to remain silent”?
No It was taken from case law
68
The U.S. Constitutions 5th Amendment is equal to what in Idaho?
Article I Section 13 Clause 2
69
The Miranda decision handed down by the US Supreme Court was a “Profrolactic Measure” meaning what?
It was to prevent an unwanted result
70
What is would be considered the 5th statement to be read for a Miranda Advisement?
“Do you understand these rights"
71
Do you have to read Miranda Advisements on every Arrest?
No you do NOT have to
72
For Miranda Rights, Custody and Interrogation must?
Exist at the same time
73
Do you have to read someone Miranda Advisements during a Misdemeanor DUI arrest, after you pull them over and they fail FST’s?
No Not unless you interrogate them
74
You pull someone over for speeding. On your approach you see drugs in the cup holder. Do you have to Mirandize them?
Yes Pro-Tip - finish the traffic violation stop before moving to drugs
75
Once someone invokes their Miranda Rights how long do you have to wait before trying to interrogate them again?
2 Hours
76
A Juveniles parents can invoke _________ _____ _____________ , but can NOT invoke the right to silence for them.
Right to Counsel
77
If you have a “Stacked Deck” against someone while questioning them you should be?
Mirandizing them before interrogation
78
The moment an officer realizes suspect has done something criminal or “The OH fuck moment” what applies now??
Miranda Rights
79
Reasonable Articulable Suspicion only goes (2) ways?
Either (1) Dispels Suspicion Or (2) Gives Probable Cause
80
Does Idaho recognize “Good Faith” Rule?
No
81
Is “Stop & Frisk” an exception to the 4th Amendment?
Yes
82
Is the “plain view” rule an exception to the 4th Amendment?
Yes
83
Is the “Search Incident to Arrest” rule an exception to the 4th Amendment?
Yes
84
A person cannot challenge a search or seizure unless a person has “Standing” - Which is?
The legal right to initiate a law suit for 4th Amendment Violations
85
Curtilage is a french word meaning?
Courtyard
86
What are the (4) questions used to determine applicability of the 4th Amendment?
(1) Reasonable Expectation of Privacy? (2) Search? (3) Seizure? (4) Government?
87
Is the “Open Field” rule an exception to the 4th Amendment?
Yes
88
Do you have a right to privacy as to the contents of your mail?
Yes But not the outside of it
89
True / False - a signed “Arrest Warrant” takes the civil liability off of an officer?
True
90
When is a “Bench Warrant” issued?
91
Can a “Bench Warrant” exist without an Arrest Warrant?
Yes
92
What do you call warrants issued by probation officers?
Agent Warrants
93
Responding to a Domestic Violence call, do you need to see “marks” on the victim to arrest?
Yes You do not for a strangulation call
94
Define “Household Members"
95
What is an example of a Misdemeanor that has a $500 bond?
DUI Most Misdemeanors are $300 BUT some are $500
96
In terms of Idaho Codes for crimes and case laws - which is "Old Testament” and which is “New Testament"
Codes = Old Testament Case Laws = New Testament New testament — OVERRIDES — Old Testament
97
When interrogating someone with a loaded deck of cards to be used against them - you need to what?
Mirandize them
98
(7) Ways around 4th Amendment from Officer Edwards
(1) Consent (2) Plain View / Smell (3) K9 (4) P&P (5) Arrest (6) Warrant (7) Admittance
99
Burden of Proof that allows for “Arrest”?
Probable Cause
100
Burden of Proof that allows for “Detention”?
Reasonable Suspicion
101
Based on articulable facts or reason, not a hunch, speculation or a guess.
Reasonable Suspicion
102
Case where “Reasonable Suspicion” was born?
Terry v. Ohio (1968)
103
It is NOT a hunch, speculation or guess?
Reasonable Suspicion
104
Based upon articulable facts describing suspicious behavior which would distinguish the defendant from an ordinary, law-abiding citizen
Reasonable Suspicion
105
Must be based on facts officer knew at the time of the stop – not on knowledge he acquires later
Reasonable Suspicion
106
Landmark case argued in front of the U.S. Supreme Court, which held the Fourth Amendment prohibition on unreasonable searches and seizures is not violated when a police officer stops a suspect on the street and frisks him or her without probable cause to arrest, if the police officer has a reasonable suspicion the person has committed, is committing, or is about to commit a crime and has a reasonable belief the person "may be armed and presently dangerous.”
Terry v. Ohio (1968)
107
What are the (3) Types of Citizen Encounters and their Burden of Proof?
(1) - Voluntary / Consensual = No BOP (2) - Temporary Detention = Reasonable Suspicion is BOP (3) - Arrest = Probable Cause is BOP
108
An individual is not _________ unless his or her liberty is restrained by either an officer’s show of authority or use of physical force
Seized
109
Statute of limitations for a Misdemeanor
a day and 1 year
110
Statute of limitations for a felony
5 years
111
Crimes that do NOT have a statute of limitations in Idaho (5)
(1) - Murder (2) - Voluntary Manslaughter (3) - Certian Types of Rap (4) - Sexual Abuse / Lewd Conduct w/ Child (5) - Acts of Terrorism
112
Should the officer abandon the purpose of the stop, the officer no longer has the original reasonable suspicion supporting his actions?
Indeed, when an officer abandons original purpose, the officer has, for all intents and purposes, initiated a new seizure with a new purpose; one which requires its own reasonableness under the Fourth Amendment. This new seizure cannot piggy-back on the reasonableness of the original seizure. In other words, unless some new reasonable suspicion or probable cause arises to justify the seizure's new purpose, a seized party's 4th Amendment rights are violated when the original purpose of the stop is abandoned (unless that abandonment falls within some established exception).
113
What is the length of detention during a traffic stop and what case laws determine it?
A seizure for a traffic violation justifies a police investigation of that violation. Authority for the seizure thus ends when tasks tied to the traffic infraction are – or reasonably should have been – completed. Rodriguez v. US (2015) + State v. Linze
114
What is the difference between “Theft” and “Robbery”?
Robbery = Fear and Force Theft does not
115
During a preliminary hearing what is the burden of proof?
Probable Cause
116
When there is an “Indictment” it usually means there is or was a ______ __________ issuing it.
Grand Jury
117
How Many Jurors in a Misdemeanor case?
6 Jurors
118
How many Jurors in a Felony case?
12 Jurors
119
How many Jurors required to find “Not Guilty”?
All of the Jurors
120
How many Jurors to find “Guilty”?
All of the Jurors
121
How many jurors for a ”hang”?
Just 1 Juror
122
All evidence must be?
Admissible
123
What are the (3) Test to determine if Evidence is Admissible
(1) - Relevant (2) - Competent (3) - Legally Obtained
124
What are the (3) Types of Evidence an officer may later use in court? and do you have to have all of them?
(1) - Tangible (2) - Testimonial (3) - Demonstrative YES — Must have ALL 3 of them
125
Evidence means “__________."
Proof
126
Evidence - It is the means by which a factual matter is _______ OR ____________.
Proven or Disproven
127
Evidence - It is anything that has a tendency to _________ OR ___________ a fact in a case.
Prove OR Disprove
128
Evidence - is anything that can be used to convince the _________ __________, or which can be used to demonstrate or make a clear disputed fact.
Fact Finder
129
Evidence - Does it have any tendency to make the existence of any fact that is of consquence to the determination of the action ____ __________ OR _____ _____________ than it would be without the evidence.
More Probable OR Less Probable
130
Evidence - What is “Direct Evidence”?
Evidence proving or disproving a fact without relying on any other evidence to support it.
131
Evidence - What is “Circumstantial Evidence”?
Evidence that DOES rely on other facts to support it whether it be disproving or proving a fact
132
Court - Why Objections are made (2) reasons
(1) - Exclude inadmissible or irrelevant evidence from being heard or. seen by the jury OR (2) - disallow questions that are confusing, misleading or abusive
133
Court - “Hearsay” is ________ — ____— _____________ statement offered for the _______ of the _______ asserted.
Out — Of — Court Truth of the matter asserted
134
An out of court statement offered for the truth of the matter asserted
Hearsay
135
Are “Hearsay” statements allowed in court as evidence?
NO Affidavits yes
136
Are “Hearsay” statements allowed for search warrants?
Yes
137
Are “Hearsay” statements allowed in preliminary hearings?
Yes
138
Are “Hearsay” statements allowed in Grand Jury Hearings?
Yes
139
What are “Non-Hearsay” statements? Name (2) things that have?
(1) - A prior statement by a witness testifying in court (2) - An admission by a party opponent (Defendant)
140
During a Jury Trail who decides the facts?
The jury
141
During a Jury Trail who decides the law?
The judge
142
In a Jury trail - The jury decides?
The Facts
143
In a Jury Trail - The judge decides?
The Law
144
The states Burden of Proof During an Infraction trial?
Beyond a reasonable Doubt
145
The states Burden of Proof During a Misdemeanor trial?
Beyond a reasonable Doubt
146
The states Burden of Proof During a Felony trial?
Beyond a reasonable Doubt
147
What is the Burden of Proof during a civil trial?
Preponderance of the Evidence (50% and a FEATHER)
148
During a Bench Trial who decides the law?
The Judge
149
During a Bench Trial who decides the Facts?
The Judge
150
In a Bench trial - The Judge decides?
The Facts & The Law
151
In Idaho a criminal defendant is always entitled to a trial by jury when?
Potential punishment involves jail or prison
152
Does a defendant have a right to a jury in Infraction cases?
No
153
True / False - A Defendant of a misdemeanor case with no jail time potential as punishment DOES have a right to a jury trial
FALSE If there is potential jail time they right to jury
154
Who can serve an Arrest Warrant?
Any Peace officer
155
What force may be used executing a Search Warrant?
May break inner or outer window if refused entry
156
How long does an officer have to execute and return a Search Warrant?
14 days
157
What (3) Items must be returned with a Search Warrant?
(1) A verified Return (2) Inventory of items taken (3) The actual search warrant signed by judge
158
What is the scope of a Search Warrant?
The smaller the item the larger the scope The larger the item the smaller the scope
159
When may an Officer Seize items outside of the scope of the property identified in the Search Warrant?
(1) - Lawful right of access to location where object is seen (2) Lawful right of access to the object itself (3) incriminating character of the object is immediately apparent (PC)
160
Where do you leave inventory of a Search Warrant if resident or property owner is absent?
19-4413 - the location where the property was taken Realistically — a location where it will likely be found
161
Is possession of Meth in any amount a Felony?
Yes — Any Meth = felony
162
Liberty is restrained by either an officer’s show of authority or use of physical force
Seizure
163
The (6) Factors Indicating a “Seizure” has occurred
(1) - use of emergency LIGHTS (2) - Use or display of WEAPONS (3) - physical TOUCHING by Officer (4) - NUMBER of officers present (5) - Verbal commands / non-verbal messages (6) - BLOCKING of exits or pathways
164
whether a reasonable person would have felt free to disregard the police, decline the officer’s request, or otherwise terminate the encounter.
Seizure
165
An “Investigative Detention” is also know as?
Terry Stop
166
There are only (2) types of Seizures of criminal suspects under the 4th Amendment
(1) Stops (2) Arrests An arrest = properly understood, is any detention exceeding the scope of a permissible stop a stop = t is a brief detention of a person suspected of criminal activity.
167
Define a “Stop” in reference to a seizure
a stop = t is a brief detention of a person suspected of criminal activity.
168
Define an “Arrest” in reference to a seizure
An arrest = properly understood, is any detention exceeding the scope of a permissible stop
169
What happens to a Siezure when it exceeds the scope of the permissable stop?
De-facto Arrest / Arrest
170
Recall the (3) rights an Arrested person has under the 5th Amendment and the (1) right under the 8th Amendment
(1) - Right to remain silent (5th) (2) - Right to an attorney (5th) (3) - Right to Counsel (5th/6th) (4) - Right to reasonable Bail (8th)
171
The basic rule of the 6th Amendment is absolute: once the right to counsel is attached, the government cannot __________ _________ a statement from the defendant regarding the charged crime without either a waiver or the presence of counsel.
Deliberately Elicit
172
True / False - The 6th Amendment only applies to the crime charged
True - it is offense specific even when in custody
173
The rule prohibits the use of testimony or evidence obtained by government officials through means which violate the 4th, 5th or 6th Amendments, as well as similar provisions of the state constitution.
Exclusionary Rule
174
Exceptions to the Fruit of the Poisonous Tree Doctrine (3)
(1) Independent Source (2) Inevitable Discovery (3) Good Faith - NOT in Idaho
175
If evidence is discovered due to information found through an illegal search or other unconstitutional means (such as a forced confession), the prosecutor is not allowed to use this evidence. The theory is that the tree (original illegal evidence) is poisoned and thus taints any fruit that grows from it.
Fruit of the Poisonous Tree Doctrine
176
The (2) most typical type of evidence suppressions
(1) Miranda Violations (4th) (2) Direst / Coercion
177
Case law that gave us - Exclusionary Rule
Weeks v. US
178
Case law that gave us - legitimate precautionary measure to protect the officer’s safety and it is not necessary that the occupants engage in suspicious or unusual behavior to justify ordering them from the vehicle.
Pennsylvania v. Mimms (1997) Maryland v. Wilson (1997)
179
When does the 6th Amendment right to counsel become relevant? (2)
(1) When Criminal Compliant has been filed (2) When the defendant is indicted by a grand jury
180
What type of warrant is issued after a grand jury indictment?
Bench Warrant
181
Decides whether there is probable cause to send a defendant to District Court based on the evidence presented by the prosecutor
Grand Jury
182
Serves in the same capacity as a preliminary hearing, seeking to determine if probable cause is indeed present in felony cases, but with some exceptions
Grand Jury
183
184
Do you have to read Miranda Rights every time you arrest someone?
NO
185
Do you have to read Miranda Rights for a traffic Stop?
NO
186
On your TESTS what is the correct way to say Officer when it pertains to CUSTODY existing or not?
"Government Actor"
187
What is an "Express Waiver" to Miranda Rights?
You must ASK them and they must be willing to go forward and answer interrogation questions
188
What is an "Implied Waiver” to Miranda Rights?
"Actions" (1) - Given 4 Miranda Advisement (2) - Understands them, and; (3) - Indicates, through their ACTIONS, they intend to waive them
189
Assuming the suspect is sufficiently intelligent and can understand the nature of the advisements and the consequences of her decision, she can choose to waive her Miranda rights by their ___________________ .
Conduct
190
A Miranda Waiver MUST be (1) __________, (2) ___________, and (3) _______________
(1) - Voluntary (2) - Knowing (3) - Intelligent
191
The State bears the burden of demonstrating that an individual has knowingly, voluntarily, and intelligently waived his or her rights by a __________________ of the evidence.
Preponderance of the evidence State v. Doe (1998)
192
What are (3) common factors the courts consider for “Knowing and Intelligent” when Miranda Waivers are given?
(1) - Experience/Background of suspect (2) - Language Barriers (3) - Physical Condition of the Suspect
193
Unambiguously means?
Obvious
194
Ambiguity means?
Not Clear Not Obvious
195
Miranda rights are ____________ to the suspect and may not be vicariously asserted or invoked by ________________ other than the suspect, such as an ________________. In other words, ___________ the suspect may assert her right to silence and/or counsel under Miranda and, even then, only if she is in “custody” and being, or about to be “interrogated” by a “government actor.”
Personal. Anyone, Attorney, ONLY Suspect MUST be the one to invoke these rights in Idaho
196
After asserting miranda rights to silence, how long do you have to wait to give fresh miranda warning and try interrogation again?
2 Hours
197
When and only when do 6th Amendment rights apply?
Only when Judicial Proceedings a have been formally commenced
198
When does 5th Amendment rghts apply?
Custody
199
Is a citation a formal charging document?
Yes
200
What are (3) Types of Officer Citizen Encounters??
(1) - Voluntary / Consensual (2) - Temporary Detention (3) - Arrest
201
If you detain someone more than is reasonably necessary could they be considered to be under arrest?
Yes De-Facto Arrest
202
If an officer shows “Authority” in any way and uses “force” in anyway on a person are they detained?
Yes
203
Goal of the “exclusionary rule” is to?
Prevent Police Misconduct
204
State v. Guzman is when Idaho lost what rule?
“Good Faith"
205
What case from 1914 introduced the “Exclusionary Rule”?
Weeks v. U.S. (1914)
206
What case introduced "Fruit of the poisonous tree" doctrine?
Silvethorne Lumber Co. v. U.S. (1920)
207
Silverthorne Lumber Co. case introduced this doctrine?
Fruit of The Poisonous Tree Doctrine
208
What case gave rise to “The Silver Platter” doctrine?
Wolf v. Colorado (1949) “Selective Incorporation” meant it was not applied to states, only on a federal level
209
_________________________________ _______ (1969) which created the _______________ __________________ _____________________ _______________ exception. The Court held when police officers arrest a person at home, they cannot search the entire home without a warrant, but they may search the area within the immediate reach of the person.
Chimel v. California (1969) Search Incident to a Lawful Arrest
210
True / False - Open Fields doctrine is exempt from the warrant requirement
True
211
True / False - Open Air Doctrine is an exemption to the warrant requirement
True
212
True / False - Abandoned property does not have a reasonable expectation of privacy and therefore an exemption to the warrant requirement
True
213
The scope of the search is often referred to as the _______________________ ____________________. It is defined as the area from which a suspect could ____________________ to __________________ A __________________ or _____________ _______________ .
Lunge Area Reach to Grab Weapon or Destroy Evidence
214
The search and arrest must be contemporaneous, which means at the _____________________ ____________________.
Same Time
215
What is “Search Incident to a Lawful Arrest”?
Officer may at time of a lawful arrest search the arrestee’s Immediate control including opening closed containers Lunge Area All about Officer Safety & Preservation of Evidence
216
Upon lawful arrest, what is the officer allowed to do that keeps them safe & preserves evidence?
Search Incident to a Lawful Arrest The Lunge Area
217
Two part rule governing searches of vehicle incident to the arrest?
Gant Rule (1) - The arrestee is within searching distance of the vehicle during the search OR (2) - It is reasonable to believe the vehicle contains evidence to the crime of arrest
218
You arrest someone for a DUI, his wife is in the car. Can you search the car or does the wife get to take it home?
Yes you can search it. It may contain evidence of the crime - Open container Gant 2 Part Rule
219
If you find something in the glove box, incident to arrest, can you now search the trunk?
Yes Probable Cause now
220
What do you need to make vehicle occupants leave their bags or stuff in the car?
Probable Cause Reasonable Suspicion- they can take bags and their stuff
221
A woman passenger exits the vehicle with her back pack for a reasonable suspicion search of driver. She leaves her pink purse in the car open under the seat. you find her photo ID and a bag of cocaine. Can you arrest her and search the back pack?
Yes Search incident to arrest on the back pack
222
Automobile Exception to Warrant 1. The officer has to have _________ ________that the automobile contains contraband or evidence of a crime; AND 2. The automobile is ____________ mobile.
(1) Probable Cause (2) Readily Mobile
223
Consent to search must be given the consenting party must have proper _______________________ & ________________________ and the consenting party must have proper _____________ over the area to be searched.
Freely & Voluntarily Authority
224
Consent to search can be _______ OR ____________ by the person giving the consent. See Statz.
Limited OR Revoked
225
Who has the burden to prove the consent was not a product of direct or implied coercion?
The State has the Burden Burden = Preponderance of the Evidence standard
226
Vehicle Frisk (3)
(1) The suspect is detained pursuant to a lawful stop; and (2) The officer reasonably believes that the suspect is armed and poses a danger to the officer or others; and (3) The officer reasonably believes that the suspect may gain immediate control of weapons located inside an automobile.
227
Criteria for Plain View (3)
(1) - The officer has lawful access to the location where the object is seen; and (2) - Has lawful right of access to the object itself; and (3) - Incriminating character of the object is immediately apparent (requires probable cause to believe the object is evidence of criminal activity).
228
must be in a lawful position to feel the item and its incriminating character must be readily apparent - Means?
Plain View
229
What is an “Exigent Circumstances”?
when there is “a compelling need for immediate official action and no time to secure a warrant."
230
Do you need a warrant if you witness “Exigent Circumstances” responding to a call?
NO
231
What is “Community Caretaking”?
it includes investigations to determine if a citizen needs vehicle assistance or medical assistance due to injury or illness. the investigation should be “totally divorced from the detection, investigation, or acquisition of evidence relating to the violation of a criminal statute.”
232
In order to qualify as “Community Caretaking” it must?
the investigation should be “totally divorced from the detection, investigation, or acquisition of evidence relating to the violation of a criminal statute.”
233
Which Amendment states: “…Shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
4th Amendment
234
When can you arrest if you did not see a misdemeanor?
Citizens Arrest OR Warrant
235
When a Peace officer may arrest?
1. For a public offense committed or attempted in his presence. 2. When a person arrested has committed a felony, although not in his presence. 3. When a felony has in fact been committed and he has reasonable cause for believing the person arrested to have committed it. 4. On a charge made, upon a reasonable cause, of the commission of a felony by the party arrested. 5. At night, when there is reasonable cause to believe that he has committed a felony. 6. When upon immediate response to a report of a commission of a crime there is probable cause to believe that the person has committed a violation of section 18-901 (assault), 18-903 (battery), 18-918 (domestic violence), 18-7905 (first-degree stalking), 18-7906 (second-degree stalking), 39-6312 (violation of a protection order), 18-920 (violation of a no contact order), or 18-3302I (threatening violence upon school grounds — firearms and other deadly or dangerous weapons), Idaho Code. 7. When there is reasonable cause to believe, based upon physical evidence observed by the officer or statements made in the presence of the officer upon immediate response to a report of a commission of a crime aboard an aircraft, that the person arrested has committed such a crime.
236
When can you arrest for Misdemeanor committed not in your presence?
When upon immediate response to a report there is probable cause to believe that the person has committed a violation of: 18-901 - Assault 18-903 - Battery 18-918 - DV 18-7905 - 1st Deg. Stalking 18-7906 - 2nd Deg. Stalking 39-6312 - Pro. Order Violation 18-920 - Violation of no contact 18-3302I - Threat Violence with weapon upon school grounds or other deadly or dangerous weapons
237
Difference “Probation" and “Parole"
Parole = out early from prison (Board Warrant) Probation = haven't been to prison yet (Agent Warrants)
238
What punishment is there for a “Misdemeanor”?
Fine / Penalty or Jail time
239
When can you serve more than 1 year in jail for a Misdemeanor?
Consecutive Sentences
240
Is an “Infraction” a crime?
No It is a civil public offense. Requires “beyond a reasonable doubt"
241
Does an “Accessory” know about the crime before hand?
No Accessory only knows about the crime after the fact Punishable by prison up to 5 years and fine of $50k
242
Why are aider, abettors, Accomplices all charged the same?
They all knew about the crime beforehand Therefore they are all “Principal's"
243
The (3) “Principal’s” involved in a crime, that knew about it beforehand that are all charged the same
(1) - Aider (2) - Abettor (3) - Accomplice
244
(5) Elements of a Crime
(1) - Name (identity) (2) - Date (3) - Location (4) - Act (18-114) (5) - Intent (18-101 & 18-115)
245
What is an “Inchoate Crime”?
Inchoate means imperfect; unfinished; begun but not completed. Inchoate crimes include Attempt, Conspiracy and Solicitation. 18 - 306 = Attempt
246
(2) Requirements for “Attempting” a crime under Idaho Code 18-306?
(1) Intent to commit the underlying crime or offense (2) Substantial Step toward commission
247
Punishments for an “Attempted” crimes or offense are what?
Half (1/2) of the sentence for the completed crime attempted See page 145 on PDF for other sentencing details
248
Punishments for an “Attempted” crimes or offense normally life or death penalty?
Attempt punishment up to 15 years
249
Punishments for an “Attempted” crimes or offense 5 or more years
Attempt is punishable by 1/2 the maximum
250
Punishments for an “Attempted” crimes or offense less than 5 years
Attempt is punishable by no more than 1 year
251
Punishments for an “Attempted” crimes or offense is a fine?
Attempt is 1/2 the maximum fine here
252
(3) Elements to “Conspiracy” under Idaho Code 18-1701?
(1) - Two or more people (2) - Agree to Commit (3) - Overt Act by One of the people
253
Punishment for “Conspiracy” under Idaho Code 18-1701?
Is the SAME as it would be for the defendant conspired to commit
254
Some “Conspiracies” require an overt act - which means?
Obvious act heading towards completion
255
With “Conspiracy” can you charge defendant with completed crime and Conspiracy?
Yes - Both
256
Half of a life sentence for an “Attempted” crime punishable by life in prison is how long?
15 years
257
What is “Grand Theft” in Idaho?
Anything stolen over $1,000
258
If it is not a “Grand Theft” what type of theft is it?
Petit Theft
259
Idaho’s one and only hate crime statute
Malicious Harassment 18-7902
260
Under Idaho Code 18-7001 “Malicious Injury to Property” what makes it a FELONY?
Goes from Misdemeanor to a FELONY when there is over $1,000 in damage
261
a “failed” Battery is?
Assault
262
What are the (3) ways to commit a battery
(1) - Willful (2) - Actual (3) - Unlawfully
263
Jack punches Jill in the stomach aWer she laughs at him for falling down. Jack doesn’t know Jill is pregnant and the fetus is harmed. - is this "battery" or "Aggravated Battery"
Aggravated Battery Even if he doesn't know she is pregnant
264
Do Siblings meet the definition of “Domestic Violence”?
No Spouse or former spouse, or child in common, or a person cohabitating with People in intimate relationships
265
When does “Domestic Violence” become a felony?
18-918 (b) “Traumatic injury” means a condition of the body, such as a wound or external or internal injury, whether of a minor or serious nature, caused by physical force (2)(a) Any household member who in committing a battery, as defined in section 18-903, Idaho Code, inflicts a traumatic injury upon any other household member is guilty of a felony need PC
266
Idaho Code for “Attempted Strangulation”?
18-923
267
Do people who are not living together, but are actively dating qualify under “Domestic Violence” if there is a call to one of their homes?
No They have to be living together
268
which call do you need “physical marks” to be a felony “Domestic Violence” or “Attempted Strangulation”?
DV
269
Unlawful killing of a human being
Murder
270
Human killing another Human
Homicide
271
(3) Kinds of Manslaughter
(1) - Voluntary (2) - Involuntary (3) - Vehicular Manslaughter is without Malice and without forethought
272
Do “Infractions” and “Misdemeanors” have Preliminary Hearings?
No Only Felonies do
273
What Burden of Proof is needed for a Preliminary Hearing?
Probable Cause ***Test Item
274
Are Grand Jury’s done in secret?
Yes
275
What type of proceeding skips the magistrate court and preliminary hearings to go straight to an Arrangement?
Grany Jury Indictments
276
“Indictment” means that it came from where?
A Grand Jury *** Test Item
277
Who decides Probable cause for a preliminary hearing?
a Magistrate Judge Does
278
What is the purpose of a Preliminary hearing?
To establish probable cause if not - dismissed
279
How many people are generally on a Grand Jury?
12 to 16
280
Is there cross examination in a Grand Jury?
No
281
Is there a defense attorney at a Grand Jury?
No
282
Is there a judge in a Grand Jury?
No
283
Is there a prosecutor taking part in a Grand Jury?
Yes
284
Is there a transcript in a Grand Jury?
Yes
285
Are there witnesses at a preliminary hearing?
Yes
286
In district court at an arraignment the defendant pleads guilty - what happens next?
Sentencing
287
What court in Idaho handles civil disputes over $10,000?
District Courts
288
What court in Idaho handles appeals from the Magistrate Court?
District Courts
289
What court in Idaho has 4 Judges?
Idaho Court of Appeals
290
What court in Idaho has 5 total judges?
Idaho Supreme Court
291
What court in Idaho handles appeals from District Court?
Idaho Supreme Court
292
What court in Idaho is the final court of appeal?
Idaho Supreme Court
293
What court in Idaho establishes the rules of court?
Idaho Supreme Court
294
What court in Idaho makes decisions based off a 3 judge panel?
Idaho Court of Appeals
295
What court in Idaho handles appeals from District Court after assigned to them by Idaho Supreme Court?
Idaho Court of Appeals
296
In Idaho how many Judicial Districts are there?
7
297
What court in Idaho handles appeals from the Magistrate Court?
District Court
298
What court in Idaho handles Infraction cases?
Magistrate Courts
299
What court in Idaho handles Misdemeanors?
Magistrate Courts
300
What court Idaho handles Juveniles?
Magistrate Courts
301
What court in Idaho handles bail hearings?
Magistrate Courts
302
What court in Idaho Handles preliminary hearings for Felony cases?
Magistrate Courts
303
What Court in Idaho handles civil cases under $10,000?
Magistrate Courts
304
What court in Idaho handles family law cases?
Magistrate Courts
305
What Court in Idaho handles small claims under $5,000?
Magistrate Courts
306
What court in Idaho MAY have orginal jurisdiction in some cases?
Idaho Supreme Court
307
What court has 9 justices?
U.S. Supreme Court
308
What court hears “Discretionary” appeals from state or federal courts?
U.S. Supreme Court
309
What court recieves about 10,000 cases, but only grants ‘cert’ to about 80 of them?
U.S. Supreme Court
310
What court would have jurisdiction over 2 states suing each-other?
U.S. Supreme Court
311
What is the final court of appeal in constitutional matters?
U.S. Supreme Court
312
What court is the intermediate federal appellate court?
U.S. Court of Appeals (Circuit Courts)
313
How many district courts are there in the US?
13 District Courts or Circuit Courts
314
Is there a Jury at a bench trial?
No Judge makes the decisions on the case
315
At a Bench Trial who decides the case?
The Judge No Jury
316
How many people are usually on a jury?
12
317
Is there a jury trial with infractions?
No
318
Infractions are a ______ trial
Bench
319
What is the Burden of Proof at a Civil Trial
a Preponderance of Evidence
320
Of the 12 Stages of a Criminal Trial what stage is - PRETRIAL MOTIONS
1
321
Of the 12 Stages of a Criminal Trial what stage is - JURY SELECTION
2
322
Of the 12 Stages of a Criminal Trial what stage is - PRETRIAL MOTIONS
3
323
Of the 12 Stages of a Criminal Trial what stage is - OPENING STATEMENTS
4
324
Of the 12 Stages of a Criminal Trial what stage is - STATE’S CASE-IN-CHIEF
5
325
Of the 12 Stages of a Criminal Trial what stage is - DEFENSE”S CASE-IN-CHIEF
6
326
Of the 12 Stages of a Criminal Trial what stage is - REBUTTAL
7
327
Of the 12 Stages of a Criminal Trial what stage is - FINAL JURY INSTRUCTIONS
8
328
Of the 12 Stages of a Criminal Trial what stage is - CLOSING ARGUMENTS
9
329
Of the 12 Stages of a Criminal Trial what stage is - JURY DELIBERATIONS
10
330
Of the 12 Stages of a Criminal Trial what stage is - PUBLICATION OF VERDICT
11
331
Of the 12 Stages of a Criminal Trial what stage is - SENTENCING
12
332
What is “Relevant Evidence”?
On paper (Target Shooting)
333
Evidence can be barred from the use because of "_________ _________."
Unfair Prejudice might be unfairly biased by the defendant’s prior convictions and behaviors, and convict simply based on that past information
334
Objections can be made at any time—opening statements, direct examination, cross- examination, or even closing arguments. Objections are made primarily to:
1. Exclude inadmissible or irrelevant evidence from being heard or seen by the jury; or 2. Disallow questions that are confusing, misleading, or abusive.
335
Who can ask “leading Questions”?
The Defense
336
Who should not be asking “leading Questions”?
The Prosecution
337
Trespassing example
Infraction - there and they are not supposed to be (employees only / backyard ) Misdemeanor - if they remain after being asked to leave Cops show up - after he is off property, citizens arrest only b/c crime not committed in presence
338
Valid “Terry Stop” or not - An officer observes someone repeatedly circling a closed store at 2 a.m. in a high-crime area, appearing to check for security cameras. The officer stops the individual to ask about their activities and conducts a frisk if they suspect the person is armed
Valid Terry Stop
339
Valid “Terry Stop” or not - An officer stops someone walking in a high-crime area at night solely because they “look suspicious” without specific evidence of criminal activity. This lacks reasonable suspicion and may be unconstitutional.
Not a Valid Terry Stop
340
What is - a brief investigative detention by law enforcement based on reasonable suspicion of criminal activity
A Terry Stop
341
Under this doctrine, evidence is also excluded from trial if it was gained through evidence uncovered in an illegal arrest, unreasonable search, or coercive interrogation
Fruit of the Poisonous tree doctrine Silverthorne Lumber co (1920)
342
The Silver Platter doctrine was finally held to be a violation in ______ v. ________ (1960)
Elkins v. US (1960) Paved the way for Mapp v. Ohio
343
The exclusionary rule and fruit of the poisonous tree doctrine was now applicable to the states. - Name the case?
Mapp v. Ohio (1961)
344
Search Incident to Lawful Arrest - Case name?
Chimel v. Califronia (1969)
345
If evidence is discovered due to information found through an illegal search or other unconstitutional means (such as a forced confession), the prosecutor is not allowed to use this evidence. The theory is that the tree (original illegal evidence) is poisoned and thus taints any fruit that grows from it.
Fruit of the Poisonous Tree Doctrine
346
The Fruit of the Poisonous Tree Doctrine applies unless the state can demonstrate (3)
(1) Independent source (2) Inevitable discovery (3) good faith — NOT in Idaho
347
What is justified because a person cannot have a reasonable expectation of privacy in places or property which are knowingly exposed to public view.
Open View Doctrine
348
Name the Doctrine - an officers observations from a location or vantage point that is open to the public does not constitute a search
Open View Doctrine
349
Name the Doctrine - applies to warrantless searches from a location open to the public that is not constitutionally protected
Open View Doctrine
350
Name the Doctrine - applies to warrantless seizures of items while lawfully in a constitutionally protected area.
Plain View Doctrine
351
Name the Doctrine - under this doctrine there is an “Implied Invitation” for public to use access routes to the home on the property
Open View Doctrine
352
Name the Doctrine - aerial observations and photographs may be within the scope
Open Fields Doctrine
353
Name the Doctrine - There is no reasonable expectation of privacy in odors emanating from private property that are detected by an officer lawfully located in a particular area
Open Air Doctrine (Free-Air Sniff)
354
Name the Doctrine - this doctrine allows officers to make sure a place is safe when a lawful detention occurs or someone is lawfully arrested and while serving search warrants inside a home to “protect” officers
The Buie Protective Sweep Doctrine
355
Name the Doctrine - the officer must be in a lawful position to feel the item and its incriminating character must be readily apparent.
Plain Feel Doctrine
356
Name the Doctrine - An officer cannot rely on the collective knowledge when making a misdemeanor arrest, except for the purposes of applying for a warrant
The Collective Knowledge Doctrine
357
Name the Doctrine - permits law enforcement to conduct warrantless breath tests but not blood tests on suspected drunk drivers
The Search Incident to Arrest Doctrine
358
Evidence means ___________
Proof
359
Evidence is the means by which a factual matter is ____________ or ____________
Proven or Disproven
360
All Evidence Must be ________________
Admissible
361
3 Types of Evidence an Officer may later use in court
(1) Tangible (2) Testimonial (3) Demonstrative
362
(3) Facotrs used to determine if Evidence is Admissible
(1) Relevant (2) COmpetent (3) Legally obtained MUST HAVE ALL 3
363
A person is competent who testifies from personal knowledge and has the capability to do three things (3)
1. Observe facts; 2. Remember the facts observed; and 3. Truthfully relate memory of observed facts.
364
A stop that is a brief detention based on reasonable suspicion of criminal activity, aimed at investigation
Terry Stop
365
A stop that is a limited pat-down for weapons, requiring a separate reasonable belief that the person is armed and dangerous
Terry Frisk
366
A stop that cannot occur without a valid stop and a separate justification for believing the person is armed
Terry Frisk
367
A stop to investigate suspected criminal activity through questioning or observation.
Terry Stop
368
A stop to ensure safety by checking for weapons
Terry Frisk
369
A stop that Requires reasonable suspicion of criminal activity
Terry Stop
370
A stop that involves detaining and questioning the individual.
Terry Stop
371
A stop that focuses on verbal interaction and investigation, without physical contact unless a frisk is justified
Terry Stop
372
Case that established the “Exclusionary Rule"
Weeks v. U.S. (1914)
373
Test that sets limits on when police can search a vehicle incident to an arrest
Gant Test
374
The Gant test allows a vehicle search incident to arrest only under two specific conditions (2)
(1) - Arrestee Access: Within reaching distance of the passenger compartment in vehicle making it it reasonable they could reach for weapon or evidence (2) - Evidence of the Offense: it is reasonable to belief the vehicle contains evidence relevant to the officse for which person was arrested for
375
What did Pennsylvania v. Mimms establish?
Constitutionality for officers order a DRIVER to exit a vehicle
376
What did Maryland v. Wilson establish?
Constitutionality for officers to order PASSENGERS out of a vehicle during traffic stop
377
Are legislators exempt from arrest during session?
Yes
378
Are legislators exempt from arrest of Treason?
No
379
Are legislators exempt from arrest of a felony?
No
380
Are legislators exempty from arrest of a misdemeanor?
Yes
381
Are legislators exempt from arrest of “breach of the peace?
No
382
(3) Things a legislative member can be arrested for
(1) Treason (2) Felony (3) Breach of peace
383
Can a legislator be arrested for Misdemeanor DUI?
No
384
Can a legislator be issued a citation?
Yes
385
Is a witness from another state who has been ordered to attend and testify in court immune from arrest?
Yes
386
When the national guard is in service in Idaho are members immune from arrest?
Yes
387
What case established “The lunge Area” and “Search incident to Arrest"?
Chimel v. California (1969)
388
Rule that requires only reasonable suspicion that evidence of the crime for which the occupant is being arrested will be found in the car
Gant
389
Case law that established when making an arrest for a misdemeanor offense supported by probable cause that did not occur in the officer’s presence.
State v. Bell Clarke rule
IZD1901
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