Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

A.S.S > Kent Howell > Flashcards

Kent Howell Flashcards

1
Q

What can officer do if an offense is

A

May arrest without a warrant, any person, as long as you have probable cause.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What are the three types of encounters?

A

Consensual Encounter, Investigatory Stop, Arrest

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Investigatory Stop

A

The temporary seizure of a person for investigation based on an officer’s reasonable suspicion of criminal activity. May lead to an arrest

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Statutory Law

A

Declares, commands, or prohibits something Statues (written laws enacted by the legislative branches of the state or federal government) Ordinances [(local government) Cities and counties

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Why do vehicles create exigency?

A

They are readily mobile

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What is the role of law enforcement in the issuance of various forms of criminal process?

A

Officers usually appear in person before a magistrate to present under oath the facts which justify the issuance of the warrant or other process charging a criminal offense or offenses.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Totality of circumstances : Factors

A

1.The type of crime for which the stop or arrest is being made; 2.Whether the suspect is an immediate threat to the safety of the officers or others; 3.Whether the suspect is actively resisting 4.Whether the suspect is attempting to evade arrest or detention by flight

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

probable cause

A

Requires a showing, considering the totality of the circumstances that a crime was PROBABLY committed and the defendant PROBABLY committed it.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Reasonable Suspicion

A

minimal level of objective jurisdiction”-more than a hunch, but less than probable cause

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Who can give consent for another person?

A

Parent for minor child, Roommate for common areas and their room. Employers sometimes for employees, school administrators may search students. Spouses may give consent for each other on shared property

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

How is law enforcement authority affected by subject matter?

A

Deals with types of offenses/crimes Specialized officers/agents such as wildfire, probation, highway patrol= charge ability limited if no warrant CMPD- crimes/motor vehicle/infractions, etc.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

When is a Frisk legal and authorized?

A

Anytime an officer is in contact with another person and can articulate reasons that he feared for his safety.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What are the statutory procedures officers must follow after making an arrest?

A

Statutory Procedure upon arrest: Identify themselves as a law enforcement officer unless their identity is apparent .Inform the suspect he is under arrest As soon as possible, inform the suspect of the cause for the arrest, unless the cause appears evident Criminal Summons v.Magistrate’s Order vi.Order for arrest vii.Citation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Consent searches of persons, premises, or vehicles

A

The scope of the search depends on the terms of the consent given to the officers. A person giving consent may also limit that consent in any manner, including limiting the duration, location, and scope of the search. (“You may search the first floor of my house, but nowhere else.”) In addition, during a consent search, the person who gave consent may tell the officers to stop at any time

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

what is statutory requirement for conducting an arrest with a warrant?

A

Requirements: Arrest warrants in general - (G.S. 15A -401) Valid throughout the state .Issued and signed by judicial official Names or describes defendant States the offense Must be returned after 180 days if not served, but still valid

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Ex Post Facto Laws

A

that makes illegal an act that was legal when committed, increases the penalties for an infraction after it has been committed, or changes the rules of evidence to make conviction easier. The Constitution prohibits the making of

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Citizen Detention

A

A private citizen may detain an offender if: The citizen has probable cause to believe the offender committed: A felony .An offense involving a breach of the peace An offense involving physical injury to another, or An offense involving theft or destruction of Property

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Searches and seizures based on the plain view doctrine

A

The officers are lawfully in a position from which they view an object; and The incriminating character of the object is immediately apparent (i.e. they have probable cause) The officers have a lawful right of access to the object

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

When is the 4th Amendment violated

A

When the government into a place with a reasonable expectation of privacy

20
Q

What are the 2 types of law?

A

Substantive Law Procedural Law

21
Q

Mapp v. Ohio (1961)

A

Established exclusionary rule: illegally obtained evidence cannot be used in court.

22
Q

What is required for protection under the 4th to apply to public places?

A

Subjective expectation of privacy by the individual and societally accepted as reasonable/objective

23
Q

What is a seizure?

A

A government termination of movement through means intentionally applied.

24
Q

Habeas Corpus Act

A

Requires the custodian of a subject (prisoner) bring the prisoner before a judge for a determination upon the legality of detention.

25
Q

What is exigency?

A

Situations that demand unusual or immediate action.

26
Q

Procedural Law

A

rules of court comprises the rules by which a court hears and determines what happens in civil, lawsuit, criminal or administrative proceedings.

27
Q

When can a car be searched incident to an arrest?

A

If Officer had reason to believe evidence of the crime for which the suspect was arrested will be found in the car.

28
Q

Common Law

A

Judge-made law Rules and principles from written decisions where the legislature has no written law Authority derived from ancient practices Frequently referred to as CASE LAW

29
Q

Is it a seizure if the suspect runs?

A

No, they have not yielded to authority.

30
Q

What are the 3 sources of law?

A

Constitutional law Statutory Law Common Law

31
Q

Substantive Law

A

defines the rights and duties of citizens Created by legislative or judicial action

32
Q

What are the criminal and civil consequences law enforcement officers may fave for violating a citizens constitutional rights?

A

Criminal Consequences: Officer may face criminal charges and prosecution Civil Consequences: .Lawsuits Fines

33
Q

Which have no first amendment protection and thus may be barred by the gov’t?

A

Obscenity Fighting words Threats Incendiary Speech

34
Q

Searches based on probable cause and exigent circumstances

A

Officers may make a warrantless search when there are exigent circumstances. Exigent circumstances exist when there is BOTH (a) PROBABLE CAUSE TO SEARCH AND (b) a likelihood that absent immediate action officers could be endangered or evidence could either be destroyed or removed from the jurisdiction. ii.Whether officers had probable cause to obtain a search warrant before the exigency was created; Whether officers had an objectively reasonable belief that destruction or removal of the evidence was imminent iv.The seriousness of the offense for which the officers are searching; and v.How long it would have taken to obtain a search warrant.

35
Q

What level must you have to obtain a No Knock Warrant?

A

Reasonable Suspicion

36
Q

Describes the basic organization of the state government.

A
  1. Legislative

. Judicial

Executive .

Administrative

.Establishes basic rights of citizens of the state ii. Makes provisions for amendments and for legislative enactments i

Supreme law of the land i

Defines the fundamental principles of government including grants and limitations of

37
Q

What is the fruit of the poisonous tree doctrine?

A

If the source of the evidence is tainted, then anything gained from that is also tainted. (Wong Sun V. US)

38
Q

Bill of Attainder

A

inflicts punishment on a person without conviction through judicial proceedings

39
Q

Arrest

A

more intrusive seizures on a citizen’s liberty than an investigative stop; therefore more proof is required to justify an arrest. An arrest is complete when the suspect “submits to the control of authority” Or the arresting officer, with intent to make an arrest, takes a person into custody by the use of physical force iii.Officers may move the suspect against their will .Restrain Transport Search Unlike investigative detention, officers may not question the suspect without reading Miranda rights and obtaining a valid waiver. Legal standard for arrests is Probable Cause

40
Q

When does the 4th amendment not apply?

A

When information/conversation is made public regardless of where it was made. (forum posts, loud conversation, etc)

41
Q

What are the 4 Procedural Safe-Guards?

A

Habeas Corpus Jury Bill of Attainder Ex Post Facto Laws

42
Q

public forum

A

Public property that they have a right to protest on under any normal circumstances.

43
Q

Wong Sun v. U.S. (1963)

A

Any evidence obtained in violation of the Constitution or Bill of Rights is inadmissible, including intangible evidence like confessions

44
Q

Jury

A

All criminal cases except impeachment

45
Q

What can an officer do if an offense is committed out of the presence of the officer?

A

May arrest without a warrant any person who the officer has probable cause to believe: Has committed a felony; or b.Has committed a misdemeanor, and: .Will not be apprehended unless immediately arrested or May cause physical injury to himself or others, or damage to property unless immediately arrested; or Has committed the misdemeanor offense of concealment of merchandise, domestic criminal, trespass, impaired driving, or impaired driving in a commercial vehicle; or Has committed the misdemeanor offense of simple assault, simple assault battery, simple affray, assault inflicting serious injury, or using deadly weapon, assault on a female, or assault by pointing a gun, domestic violence, or; Domestic violence protective order violation f.Pretrial release violation

46
Q

How does the first amendment affect the law of enforcement function?

A

The First Amendment establishes rights that we consider basic in a free society. .The rights are the freedoms of speech, religion, press, assembly, and petition

A.S.S (1 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions