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ID101 Flashcards

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1
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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2
Q

The three (3) Types of Officer-Citizen encounters

A

(1) Voluntary or Consensual
(2) Temporary Detention
(3) Arrests

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3
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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4
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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5
Q

(5) basic elements of a crime

A

(1) Name – Person or all persons
(2) Date – For Statute of Limitations
(3) Location – Jurisdiction and Authority over crime
(4) Act – Have to prove the act or omission
(5) Intent – Guilty mind or intent from Statute

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6
Q

(3) types of evidence an officer may use in court

A

(1) Tangible (Real / Physical)
(2) Testimonial
(3) Demonstrative

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7
Q

(4) Types of Court in Idaho

A

(1) Supreme Court
(2) Court of Appeals
(3) District Courts
(4) Magistrate Courts

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8
Q

Highest Appellate Court in Idaho

A

Supreme Court

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9
Q

Hears Appeals from lower courts and certain administrative agencies

A

Supreme Court

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10
Q

Reviews cases involving significant legal, constitutional, or issues of public interest

A

Supreme Court

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11
Q

Intermediate appellate court

A

Court of Appeals

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12
Q

Hears Appeals from District Courts assigned by the Supreme Court, including civil, criminal and administrative cases

A

Court of Appeals

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13
Q

Focuses on correcting errors of law or procedure

A

Court of Appeals

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14
Q

General Jurisdiction Trial Courts

A

District Courts

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15
Q

Handles Felony Cases

A

District Court - BUT Magistrate Courts handle felony preliminary hearings

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16
Q

Handles Civil Lawsuits Exceeding $10,000

A

District Court

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17
Q

Handles Domestic Relations Cases (Divorce / Custody)

A

District Court

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18
Q

Handles Probate Issues

A

District Court & Magistrate Court Handles Certain Probate Matters

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19
Q

Handles Juvenile Cases

A

District Court

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20
Q

Handles Less serious Cases with limited Jurisdiction Trial Courts

A

Magistrate Court

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21
Q

Handles Misdemeanors or Minor Criminal Offenses (Petty Theft, Simple Assault etc.)

A

Magistrate Court

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22
Q

Handles Infractions (Traffic Violations)

A

Magistrate Court

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23
Q

Handles Civil Cases (Under $5,000)

A

Magistrate Court

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24
Q

Handles Landlord Tenant Disputes

A

Magistrate Court

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25
Handles Certain Probate Matters
Magistrate Court
26
Handles Preliminary hearings for Felony cases
Magistrate Court
27
What Court Handles Civil Disputes Exceeding $10,000?
District Court
28
What Court has: 4 judges - but makes decisions based on 3 Judges?
Appeals Court
29
What Court Handles Landlord/Tenant Disputes?
Magistrate Court
30
What Court establishes: the rules for Idaho Court Procedures?
Supreme Court
31
What Court handles Probate matters?
District Courts – Mainly Magistrate Courts – Certain things
32
What Court Handles Juvenile Case?
Magistrate Courts
33
What Court Hears Major Civil & Criminal Cases?
District Court
34
What Court focuses on : correcting errors of law or procedure?
Appeals Court
35
What Court Handles Misdemeanor Cases?
Magistrate Court
36
What Court is the Intermediate Appellate Court?
Court of Appeals
37
What Court Handles Minor Criminal Cases?
Magistrate Court
38
What Court Handles Appeals from District Court Cases?
Supreme Court Appeals Courts only hear cases when they are assigned to them by the Sumpreme Court
39
What Court Handles Small Claims Cases under $5,000?
Magistrate Court
40
What is the Burden of Proof in an infraction trial?
Beyond a Reasonable Doubt
41
Who is the fact finder in an infraction trial?
The Magistrate Judge
42
What must an officer do to prepare for testimony in court?
Meet with the Prosecutor
43
What court would you report to for testimony in an infraction case or trial?
Magistrate Court
44
Does the Supreme Court of Idaho hear witnesses or have a jury?
NO
45
In Idaho how many judges are on the Supreme Court?
5 A Chief justice (1) and (4) Associate Judges Article V – Section 6
46
(3) requirements for Miranda rights to apply
(1) Suspect in Custody (2) Subject to Interrogation (3) Interrogated by Police
47
(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
48
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.
49
What is the difference between ”Search” and “Seizure”?
Search = Looking Seizure = Taking
50
(4) main goals of the Search Stage
(1) Officer Safety (2) Determine whether search is necessary and legal or appropriate (3) Collect further evidence to confirm or dispel suspicions of a crime being investigated (4) Discover evidence of new crimes
51
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
52
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
53
Applies to warrantless searches from a location open to the public that is not constitutionally protected
The Open View Doctrine
54
Applies to warrantless seizures of items while lawfully in a constitutionally protected area
The Plain View Doctrine
55
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.
56
The area immediately surrounding and associated with a residence in which a person has a reasonable expectation of privacy
Curtilage
57
What is “Curtilage”?
It is the area immediately surrounding and associated with a residence in which a person has a reasonable expectation of privacy
58
What is “Standing”?
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.
59
A defendant does not have automatic _____________ to proceed on a motion to surpass evidence.
Standing
60
What three (3) things did the Magna Carta give way to in the US Constitution?
(1) Was the basis for the US Supreme Court having power to nullify laws enacted by congress (2) The Due Process of Law Concept – ‘”No person shall be deprived of life, liberty or property without due process of law” (3) Responsible for creation of the Jury System comprised of peers
61
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.
Exclusionary Rule
62
A legal principle that was established to deter police misconduct
Exclusionary Rule
63
A legal principle that ensures that unlawfully gathered evidence is deemed inadmissible in court, protecting individuals' privacy rights.
Exclusionary Rule
64
Can a dog sniff outside of a vehicle, without violating someone's 4th amendment rights?
YES A dog sniffing the outside of a vehicle is NOT a search A dog sniffing inside of a vehicle is protected by the 4th amendment
65
Does the 4th Amendment apply to “Open View Doctrine”?
NO It does not apply and offers no protections
66
An exception to the warrant requirement, where the area within the persons immediate control is subject to search
The Lunge Area Chimel v. Califronia
67
What is The Lunge Area?
An exception to the warrant requirement, where the area within the persons immediate control is subject to search. Chimel v. California
68
The Lunge Area - came from what landmark case in the Supreme Court?
Chimel v. Califronia
69
What Idaho Statute defines a crime?
Title 18 - Chapter 1 – Section 9 18-109
70
What Idaho Statute that requires the handing over of a driver's license?
Idaho Code: 49-316 “Must provide drivers license into the hands of the officer” It would be considered resisting or obstruction if the driver does not do this
71
Idaho Code that states: “Must provide drivers license into the hands of the officer” It would be considered resisting or obstruction if the driver does not do this
49-316
72
A ________ or _______ __________ is an act committed or omitted in violation of a law forbidding or commanding it
Crime OR Public Offense Idaho Statute defining a “Crime"
73
Carry out or perpetrate or do do something
Committed
74
To Fail or neglect to do something
Omitted
75
Define “Committed” and “Omitted”?
Committed: Carry out or perpetrate or do do something Omitted: fail or neglect to do something
76
Name 3 crimes that are Committed versus being Omitted?
(1) Assault (2) Trespassing (3) Battery
77
Name 2 crimes that are Omitted versus being Committed?
(1) Child Neglect (2) Failing to Appear
78
An ___________ is a civil public offense, not constituting a crime, which is ___________ only by a _____________ not exceeding $300 and for which no period of incarceration may be imposed.
Infraction - Punishable - Penalty
79
What is the Burden of Proof for a Voluntary Encounter?
None No 4th Amendment Applicable
80
What is the Burden of Proof for a Temporary Detention?
Reasonable Suspicion
81
What is the Burden of Proof for an Arrest?
Probable Cause
82
In Court, a Prosecutor is required to ask only what type of questions during direct examination of a witness?
Open - Ended Questions
83
In Court, a Defense Attorney is allowed to ask what type of questions during cross-examination of a witness?
Leading Questions
84
Does the 4th Amendment of the US Constitution apply during a traffic stop seizure?
YES
85
Does the Article I - Section 17 of the Idaho Constitution apply during a traffic stop seizure?
YES
86
What is the required “Burden of Proof” to make a traffic stop?
Reasonable Suspicion
87
The Search Warrant application must include a sworn affidavit containing sufficient link between what three (3) items?
(1) Probable Cause (2) Description of Person or Property to be seized (3) Description of the place to be searched
88
“Area within immediate control” – Chimel v. California (1969)
The Lunge Area
89
Defined permissible scope of a warrantless search incident to arrest
The Lunge Area - Chimel v. California (1969)
90
This means that police can search, without a warrant, only the area close enough for the arrested person to potentially reach – pockets, nearby surfaces
The Lunge Area - Chimel v. California (1969)
91
Protects officer safety and prevents evidence tampering
The Lunge Area - Chimel v. California (1969)
92
Name the “Fruit of the Poisonous Tree” Cases?
Silverthorne Lumber Co v. U.S. (1920) Wong Sun v. U.S. (1963)
93
Name the (4) “Exclusionary Rule” Cases?
(1) Weeks v. U.S. (1914) (2) Silverthorne Lumber Co v. U.S. (1920) (3) Wolf v. Colorado (1949) (4) Mapp v. Ohio (1961)
94
Name the “Plain View Doctrine” Case?
Texas v. Brown (1983)
95
Name the Landmark Case where Metadata was not protected by 4th Amendment?
Smith v. Maryland (1979)
96
Name the Landmark Case where a man's drugs in a woman's purse were not protected under the 4th Amendment?
Rawlings v. Kentucky (1967)
97
Name the Landmark Cases (2) where indirect interrogation resulting in voluntary admissions were NOT protected under the 4th Amendment?
Rhode Island v. Ennis (1980) Berkemer v. McCarty (1984)
98
Name the Landmark Case where precedent was set for protecting a suspect's rights during custodial interrogations?
Escobedo v. Illinois (1964)
99
Name the Landmark Case where physical coercion during interrogations violated the 14th Amendment?
Brown v. Mississippi (1936)
100
Name the Landmark Case that ruled people had a reasonable expectation of privacy in a phone booth?
Katz v. U.S. (1967)
101
Name the Landmark Case where a kidnapping and rape suspect had his 5th & 6th Amendment rights violated during interrogation?
Miranda v. Arizona (1966)
102
Name the Landmark Case where a coerced confession for murder was given after 36-hour long interrogation?
Ashcraft v. Tennessee (1944)
103
Name the Landmark Case that expanded 4th Amendment rights beyond physical property?
Katz v. U.S. (1967)
104
Name the Landmark Case where a traffic stop questioning was not considered custodial interrogation requiring Miranda Warnings be given?
Berkemer v. McCarty (1984)
105
Name the Landmark Case clarified that subtle police tactics do not always violate Miranda Protections?
Rhode Island v. Ennis (1980)
106
Name the Landmark Case that introduced idea that 4th Amendment protects people NOT places?
Katz v. U.S. (1967)
107
Name the Landmark Case that had to do with a balloon filled with heroin?
Texas v. Brown (1983)
108
Name the Landmark Case extended the “Exclusionary Rule” from federal to state?
Mapp v. Ohio (1961)
109
What are the three (3) types of Radio Use and Disruptions?
(1) Personal (2) Environmental (3) Mechanical
110
Define Communication?
The act of sending and receiving information
111
The act of sending and receiving information
Communication
112
The communication between individuals on the radio
Radio Traffic
113
Define Radio Traffic?
The communication between individuals on the radio
114
What does – “10-4” mean?
"Okay" or “Copy"
115
What does – “10-41” mean?
“On Duty"
116
What does – “10-42” mean?
“Off Duty"
117
What does – “10-8” mean?
“Available for Calls"
118
What does – “10-23” mean?
“Arrived on Call"
119
What does – “10-24” mean?
“Clear of Call"
120
What does – “10-6” mean?
“Busy"
121
What does – “10-19” mean?
“At Station"
122
What does – “10-27” mean?
“Drivers Check"
123
What does – “10-28” mean?
“Vehicle Registration Check”
124
What does – “10-29” mean?
“Warrant Check"
125
What does – “Code 3” mean?
“Immediate Assistance”
126
What is the proper Cadence for Radio Communications?
Sets of there (3) Unless Phone number, plates or SSN
127
What is the proper way to send EMS using the Medical Miranda (6) ?
(1) Age – This can be approximate (2) Sex – Male or Female (3) Level of Consciousness/Breathing – Conscious/Unconscious or breathing/ Not Breathing (4) Chief Compliant – what is wrong? Broken leg, chest pains, roll over accident etc (5) Advise if bleeding (6)Advise “Hot” or “Cold” response from EMS
128
Pursuit Procedures – What info (4) to provide on radio?
(1) Reason for Stop (2) Speed (3) Road Conditions (4) Traffic Conditions
129
The anticipation, recognition and appraisal of a crime risk and identifying the necessary strategies and measure to reduce the risks of crimes
Crime Prevention
130
It is a simple approach to quelling fear and helping to empower citizens to ________ ________.
Crime Prevention
131
It is the first imperative of justice
Crime Prevention
132
Define - Crime Prevention
The anticipation, recognition and appraisal of a crime risk and identifying the necessary strategies and measure to reduce the risks of crimes It is a simple approach to quelling fear and helping to empower citizens to prevent crime. It is the first imperative of justice
133
What are the four (4) Objectives of Crime Prevention?
(1) Identify security measure for securing business and residences (2) Identify personal and child safety approaches for citizens (3) Identify sources of information that are available and can be utilized to identify certain issues of crimes (4) Identify information that be released regarding criminal activity
134
What are the three (3) Crime Prevention strategies?
(1) Crime Interruption (2) Incarceration (3) Opportunity Reduction
135
Five (5) crimes that are highly preventable?
(1) Burglary (2) Robbery (3) Rape (4) Identity Theft (5) Computer Crime
136
Three (3) Crimes that have Low preventability?
(1) Murder (2) Arson (3) Domestic Violence
137
What are the ”S.A.F.E.” Practices of crime prevention?
S = Secure your property A= Avoid Becoming a Victim F = Flee if you can E = Engage if you must
138
What are the three (3) Common types of Scams?
(1) Jury Duty Scams (2) Utility Imposter Scams (3) Emergency Scams
139
A disagreement between people, both parties have the power to influence the situation
Social Conflict
140
An imbalance of power (including physical strength and emotional attacks). The power is used to control others and is repetitive.
Bullying
141
Difference between Social Conflicts and Bullying
Social Conflict is a natural part of society, but bullying is intentionally manipulative. Occasionally bullying begins as a social conflict but evolves into bullying
142
Define - Bullying
An imbalance of power (including physical strength and emotional attacks). The power is used to control others and is repetitive.
143
Define - Social Conflict
a disagreement between people, both parties have the power to influence the situation
144
What is the Idaho Good Samaritan Act?
Title 5 Chapter 3 Section 30 : 5-330 “…no action for civil damages against any person who in good faith…offers and administers fists aid…in the care or treatment of injured persons…” Only exception is “gross negligence”
145
Inflammation of the liver caused by viral infections, alcohol, toxins or autoimmune diseases
Hepatitis
146
Cough, night sweats, loss of appetite, lung/kidney and reproductive organ damage
Tuberculous (TB) Mycobacterium Tuberculosis Bacteria
147
Liver inflammation, tallow skin/eyes, dark urines, pale stools, fatigue. Spread through infected blood or genital fluids.
HIV Human Immunodeficiency Virus (HIV Types I/II)
148
Something that penetrates the body causing unknown damage
Impaled Object Do NOT remove it!!! Stabilize the object and seek medical help
149
Three (3) Types of Burn Injuries
(1) Thermal (Heat) (2) Chemical (3) Electrical
150
Exposure to heat and/or fire
Thermal Burns
151
Exposure to acid or chemical causing reaction when skin or eyes come into contact with it
Chemical Burns
152
Electricity rapidly moving through the body
Electrical Burns
153
Superficial Skin Layer (Redness, but not blisters)
1st Degree Burn
154
Partial Skin Layers (Blisters)
2nd Degree Burn
155
Deeper Skin Layers (Skin Missing)
3rd Degree Burns
156
What Disease may mimic DUI like Symptoms?
Diabetes
157
Define - Plantiff
The party btinging the claim
158
(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
159
Burden of Proof - "Probable Cause” Allows an officer to?
"Arrest" or “Search" Pursuant to a valid warrant exception
160
Burden of Proof - “Reasonable Suspicion” Allows an officer to?
To temporarily Detain someone - "Temporary Detention"
161
What is the preferred mechanism for for searches and seizures?
Warrants
162
Does the 4th Amendment define what “Probable Cause” is?
NO Relies on case law
163
What is the “Warrant requirement clause”?
Also know as - “Particularity” Requires the issuance of warrants be based upon probable cause and be specific as the object and place of the search.
164
Can a Magistrate Judge draw reasonable conclusions and trust the officers training and experience?
YES
165
The Warrant Requirement Clause
A search warrant must describe with particularity the places to be search and the items to be seized. Therefore, the affidavit must do the same. State v. Bussard (1988)
166
Police Officers shall have probable cause to arrest a suspect when?
“The facts and circumstances within their knowledge, and of which they have trustworthy information are sufficient, to warrant a prudent (person) in believing that the suspect had committed or was committing an offense."
167
Must be based on facts known at the time, not later on for an officer to have?
Reasonable Suspicion
168
Case that gave birth to “Reasonable Suspicion” which was lower burden of proof than Probable Cause
Terry v. Ohio (1968)
169
Supreme Court ruling that “reasonable Suspicion” could not be precisely defined, or quantified as it deals with probabilities that depend on the ________________
Maryland v. Pringle (2003) “Totality of Circumstances"
170
Does the State of Idaho use the Aguilar and Spinelli test to determine Probable Cause?
NO Idaho uses the Gates “Totality of Circumstances” analysis as the standard.
171
Gates “Totality of Circumstances” analysis as the standard
Magistrates of Idaho will determine the existence of probable cause. Making practical, common sense decisions, whether given all the circumstances before them, including the “veracity” and “basis of knowledge” of persons supplying hearsay information, there is a fair probability that contraband or evidence of a crime will be found in a particular place. State v. Lang (1983)
172
Magistrates of Idaho will determine the existence of probable cause. Making practical, common sense decisions, whether given all the circumstances before them, including the “veracity” and “basis of knowledge” of persons supplying hearsay information, there is a fair probability that contraband or evidence of a crime will be found in a particular place.
Idaho “Totality of Circumstances” standard when magistrates determine “Probable Cause"
173
What type of circumstances will an officer need “Clear and Convincing” evidence to act?
Termination of Parental Rights (16-2009) Involuntary Commitment / Involuntary Medical Treatment Ignition Interlock Requirement
174
What is the highest burden of proof standard?
Beyond A Reasonable Doubt
175
Burden of proof - that requires plaintiff to prove that a particular fact is substantially more likely than not to be true
Clear and Convincing
176
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
177
When does an Individual become Seized?
When his/her liberty is restrained by either an officer’s show of authority or use of physical force
178
What must a investigatory stop comply with?
The constitutional standards of reasonableness (1) is there a stop? (2) is the officer’s conduct during the stop reasonable? (3) are the grounds for the initial stop reasonable?
179
A protective frisk for weapons may extend to the passenger compartment of an automobile and is limited in scope to places where weapons may be placed or hidden under the following circumstances: (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.
180
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
181
In this Case - the 4th Amendment does not permit officers to arrest an individual simply because he or she refuses to present identification when the officer has no basis whatsoever to suspect the individual of criminal conduct to support the initial detention. This is the case even when a state statute might seem to furnish the authority to do so.
Brown V. Texas (1979)
182
True of False - An officer may continue to detain the driver and request his driver’s license, registration and proof of insurance even when the original grounds for the traffic stop have dissipated, so long as the promoted public interests outweigh the additional intrusion upon the driver’s privacy interests.
True
183
Latin for “Great paper"
Magna Carta
184
“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
185
Difference between - 4th Amendment of U.S Constitution and Idaho Constitution Article I Section 17
This provision is virtually identical to the 4th Amendment, except that “oath of affirmation” is termed an “affidavit.” Idaho provides greater protections of citizens under Article I Section 17
186
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
187
“area immediately surrounding and associated with a residence in which a person has a reasonable expectation of privacy.”
Curtilage
188
True or false - verbal opposition to police cannot be the sole factor on which an arrest is made
true
189
True or false - Idaho is NOT a “Stop & Identify” state in the context of a Terry Stop
true
190
Can an officer make an arrest for a Misdemeanor made outside of his/her presence?
NO State v. Clarke (2019) - State v. Bell (2023)
191
Can an officer make an arrest for a Misdemeanor made or attempted in his/her presence?
YES
192
Article 1 Section 6 of United States Constitution - States certain persons are except from arrest by a peace officer when and unless...
When - attending the session of their respective houses and in going to and returning from the same Unless - treason, felony and breach of peace Idaho Constitution Article 3 Section 7 (Identical to US Constitution)
193
When is someone Privileged from arrest in Idaho?
When a witness from another state entering or passing through Idaho under order to attend and testify in court or another state, is IMMUNE from arrest for any act committed prior to their arrival - (19-3020)
194
Can active duty National Guard be arrested in Idaho?
NO Members of the Idaho national guard, when said guard is in the service of the United States, or the state of Idaho, shall not be arrested on any civil process while going to, remaining at, or returning from any place at which he may be required to attend for military duty (46-401)
195
What method is always preferred and why?
Warrants are always preferential. The warrant requirement is preferred because it places the probable cause decision-making in the hands of a neutral and detached judge. Civil liability. A valid warrant protects the officer being held civilly liable for an illegal arrest, provided the officer did not abuse authority in executing the arrest warrant, i.e. unreasonable force.
196
What (5) items are part of an Arrest Warrant when it is presented to a judge?
1. A written court order; 2. Issued by a neutral and detached magistrate; 3. Bearing the name of the government jurisdiction for which it is issued; 4. Issued upon a finding of probable cause; and 5. Directing the arrest of a particular person or persons.
197
What (4) Items should be on the Arrest Warrant signed by a Judge?
1. Is signed and sealed by a judge or magistrate; 2. Is dated; 3. Contains the name & identifying information of the person to be arrested; and 4. Contains the name of the court to which the officer is required to make the return.
198
What (3) Things are required after serving an Arrest Warrant?
(1) - Filled out return (2) - Bringing the arrestee before the court without unreasonable delay (usually 24hrs Excluding Sundays/Holidays) (3) - File the warrant with the court
199
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.
200
A _____________ warrant issued by the court because the defendant failed to appear as order, failed to comply with a condition of release or the sureties are no longer sufficient.
“Bench” When a judge directs an officer to arrest someone See Idaho Code 19-2905
201
When is a “Bench Warrant” Issued?
(1) - Failure to appear (Arraignment / Sentencing) (2) - Failure to comply with conditions of release (3) - When Sureties are no longer sufficient (4) - Issued for Grand Jury Indictment (5) - Issued to witnesses who disobeys a subpoena See Idaho Codes 19-1203 / 19-1504 / 19-2505
202
When is a “Agents Warrant” Issued?
An arrest warrant issued by an Idaho Probation or parole officer authorizing the arrest of a probationer/parolee prior to filing a motion to revoke probation or parole to the judge or the parole commission. See Idaho Code - 20-227
203
When is a “Board Warrant” Issued?
A warrant issued by the Parole Commission for the arrest, detention and return to custody of any parolee. This arrest warrant can be issued if the prisoner/parolee escaped, absconded or has violated condition of parole. Parolees cannot bond out when being held on this warrant. The authority to issue a Board Warrant is found in Idaho Code § 20-209F.
204
Parolees cannot bond out when being held on this type of warrant?
Board Warrant Idaho Code 20-209F
205
What are the (4) Types of Warrants?
(1) - Arrest Warrant (2) - Bench Warrant (3) - Agents Warrant (4) - Board Warrant
206
Who issues an “Arrest Warrant”?
A Judge
207
Who issues an “Bench Warrant”?
Issued by a Court 19-2905
208
Who issues an “Agent's Warrant”?
Idaho probation or parole officer 20-227
209
Who issues an “Board Warrant”?
Parole Commission 20-209F
210
Who can be arrested using an “Arrest Warrant” issued by a Judge?
The named persons or person for a specific offense listed 19-607
211
Can county detention officers make arrests in certain situations?
YES
212
What is “Civil Liability” when referring to “wrongful arrests”?
The officer and his or her employing agency can be sued.
213
What is “Criminal Liability” when referring to “wrongful arrests”?
Officer may be charged with a crime for wrongful arrest 18-703 / 18-2901
214
Do involuntary blood samples, taken by a skilled technician to determine intoxication, violate substantive due process under the Fourteenth Amendment of the United States Constitution
They Do NOT violate 14th Amendment
215
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?
YES Idaho Code 19-625(1)
216
What is a “Detention Warrant”?
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.
217
When detaining for an “Adult Mental Hold” detainees cannot be detained with whom?
Individuals charged or convicted of a crime 66-326 / 66-329(12)
218
When detaining for an “Adult Mental Hold” when must supporting evidence be presented and to whom?
Within 24 hours to a magistrate 66-326 / 66-329(12)
219
Is “Protective Custody” an “Arrest”?
NO No entry may be made indicating arrest 24 Hour Hold Limit
220
List (10) Ten Types of “Warrantless Searches"
(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
221
Criteria for a “Plain View Search” You Must Have (3)
(1) - Lawful Right to be in place where you observe object (2) - Lawful Right of access to the object in that location (3) - Incriminating Character must be immediately apparent
222
What is a “Terry Stop"
Reasonable Articulable Suspicion of Criminal Activity that is a Foot
223
What is a “Terry Frisk"
Belief that a person is ARMED and DANGEROUS allows to frisk for weapons
224
What is “The Carrol Doctrine"
Vehicle is readily mobile and allows you to search without a warrant if you believe vehicle contains Probable Cause
225
What is “Curtilage"
A Well Defined Area near or around a residence that has a reasonable expectation of privacy
226
What is “The Katz Test"
Person Must hold actual, subjective expectation of privacy AND Society must be prepared to recognize the expectation as objectively reasonable
227
To challenge a search as unlawful a person must have There (4) Four things:
(1) - Ownership (2) - Lawful possession (3) - Authority (4) - Control of specific area or property
228
Who is a “Suspect"
A person who an officer has reasonable cause to believe committed the involved crime
229
Who is a “Witness"
Anyone who may have seen or heard something connected to the incident
230
Who is a “Victim"
Person who is subject of an incident, crime or other harm caused to them
231
Name the exception to the hearsay rule
A dying declaration
232
(3) Three “D’s” of Deception
Dishonesty Distortion Denial
233
Case law - Tennessee v. Garner
Allows you to shoot violent fleeing felon, only if they are an immediate danger
234
What are the (4) Four Phases of a Traffic Stop
(1) - Observation (2) - Stopping (3) - Contact (4) - Clearing
235
Title 49 - Chapter 15 - Section 1
Authority to Issue Traffic Citations
236
Title 5 - Chapter 3 - Section 30
Idaho Good Samaritan Act
237
Signs someone is in “Shock"
Weak Disoriented Pale Cold Clamy
238
Stroke Symptoms “FAST"
F = Facial Dropping A = Arm weakness S = Speech Difficuly T = Time to call EMS
239
What does the Magistrate Court Handle (4)
(1) - Infractions (2) - Misdemeanors (3) - Felony Preliminary Hearings (4) - Felony Bail Hearings
240
What is a preliminary hearing
Where a Judge decides if there is enough evidence to charge
241
(5) Common Trial Objections
(1) - Hearsay (2) - Calls for Speculation (3) - Relevance (4) - Leading (5) - Lack of Personal Knowledge
IZD1901
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