Legal - Unit 2

Question 1

Criminal intent

Answer 1

the conscious decision someone makes to deliberately engage in an `unlawful or negligent act, or to harm someone else

Question 2

Probable cause

Answer 2

reasonable grounds to believe that someone committed a crime, based on the totality of circumstances

Question 3

General intent

Answer 3

when a suspect intentionally commits an illegal act prohibited by law without considering the results of the illegal act.

Question 4

Specific intent

Answer 4

the intent to commit a crime and the intent to deprive an owner of something permanently. These crimes usually are done intentionally, knowingly, purposely, or willfully.

Question 5

Transferred intent

Answer 5

when a crime is intended to harm one person and inadvertently causes a second person to be hurt instead

Question 6

Recklessness

Answer 6

imposes criminal liability on defendants when they did not intend for a behavior to cause the resulting harm

Question 7

Negligence

Answer 7

the failure to behave with the level of care that a reasonably prudent person would have exercised under the same circumstances

Question 8

A Duty to Act With Care

Answer 8

A duty is usually created by statute or contract. For instance, everyone
who drives a vehicle in the state of Florida has a general duty to do so using reasonable care

Question 9

Breach of the Duty to Act

Answer 9

the person unreasonably failed in the duty they were obligated to perform

Question 10

Proximate cause

Answer 10

the link between the breach of duty and the harm caused

Question 11

Compensatory damages

Answer 11

designed to compensate for the actual property damage, harm, or injury that the plaintiff suffers

Question 12

Punitive damages

Answer 12

intended to punish the defendant for their act and to warn others from doing the same act.

Question 13

Officers justification to act

Answer 13

intended to punish the defendant for their act and to warn others from doing the same act.

Question 14

Consensual encounters

Answer 14

voluntary contact with a person and they are free to go at any time.

Question 15

Investigative stop

Answer 15

only if the officer has reasonable suspicion that the person stopped was committing, is committing, or is about to commit a law violation

Question 16

Reasonable suspicion

Answer 16

you can articulate, or put into words, facts that support a suspicion that the person stopped may be involved in a law violation

Question 17

Terry v. Ohio

Answer 17

Terry and two associates repeatedly walking by and looking into a store
window. The officer suspected that the men were examining the store to plan a crime. The officer confronted them,
and when they did not respond appropriately, grabbed two of them and patted down their outside clothing. The officer
discovered that the men had guns in their jackets. The two individuals were arrested and charged with illegally
carrying concealed weapons.

Question 18

Mackey v. State

Answer 18

determined that simply seeing a partially concealed firearm does not, standing alone, constitute reasonable suspicion or justify a frisk, since many people may lawfully possess a concealed firearm. If an illegal weapon or evidence of a crime is discovered during the detention, you may make an arrest if warranted

Question 19

Plain touch / feel doctrine

Answer 19

allows the officer to seize the contraband even if it does not feel like a weapon

Question 20

Contraband

Answer 20

anything that is illegal to produce, possess, or transport

Question 21

Pretext stops

Answer 21

the officer stops the vehicle due to an equipment violation but really wants to investigate other, more serious criminal activity

Question 22

Whren v. U.S.

Answer 22

Whren and a passenger were driving in an area known for high crime. Two officers patrolling the area noticed Whren’s vehicle sitting at a stop
sign for an unusually long time. Suddenly, and without using a turn signal, the vehicle sped off. The officers pulled over the vehicle based on the traffic

Question 23

Probable cause

Answer 23

is based on the totality of circumstances and is the fair probability or
reasonable grounds to believe that a crime has been or is being committed

Question 24

Developing Probable Cause

Answer 24

officers must be able to point to certain circumstances leading them to believe that a suspect committed a crime

Question 25

Illinois v. Gates

Answer 25

established the totality of circumstances standard of probable cause. This is the standard for all arrests and warrants

Question 26

Proof beyond a reasonable doubt

Answer 26

the standard used to determine if a criminal defendant is guilty. Based on the facts of the case, there is no other reasonable explanation than the defendant committed the crime.

Question 27

A search

Answer 27

when an officer intrudes into a place where a person has a reasonable expectation of privacy

Question 28

A seizure

Answer 28

when an officer affects a person’s right to have or control their property, usually by physically taking it. A seizure is also a physical arrest or detention.

Question 29

Search warrant

Answer 29

a court order that authorizes law enforcement to conduct a search and seizure.

1. It must be authorized and signed by a neutral magistrate or judge, and
2. It must be based on an affidavit that states sufficient facts to establish probable cause that evidence of a
   crime will be found in the place to be searched, and
3. The basis of the information in the affidavit must come from reliable sources, and
4. The affiant (the person who swears to the affidavit and signs it) may be anyone, but the person serving the
   warrant must have jurisdiction over the place chosen for the search.

Question 30

Probable cause required

Answer 30

1. plain view
2. mobile conveyance
3. exigent circumstances
    destruction of evidence
    fresh pursuit
    emergency scene

Question 31

Plain View

Answer 31

Any contraband an officer can see can be seized without a warrant as long as three conditions are met:
* the officer is lawfully present in the place where they see the
item, and
* the item is in plain sight, and
* the officer has probable cause to believe that the item is contraband or crime evidence.

Question 32

Sawyer v. State

Answer 32

a police officer saw a white pill on the console of a car and, thinking it was ecstasy, seized it. Testing proved the officer was correct. However, the court said that the pill’s nature as an illegal drug was not immediately apparent upon first sight, so the evidence was not permitted

Question 33

Carroll doctrine

Answer 33

The scope of a search under the Carroll doctrine extends to the entire vehicle and to all containers where the evidence could reasonably be found.

Question 34

U.S. v. Ross

Answer 34

justifies probable cause in the search of a lawfully stopped vehicle, to include the search of every part of the vehicle and its contents

Question 35

Exigent circumstances

Answer 35

are certain emergencies, such as the c ase of evidence destruction, an emergency scene, or a fresh pursuit that justifies a warrantless entry.

Question 36

Destruction of Evidence

Answer 36

If you have probable cause to believe that contraband or evidence is in immediate danger of being destroyed, you do not need to obtain a search warrant

Question 37

Fresh pursuit

Answer 37

the immediate and continuous pursuit by officers of a suspect who is fleeing to avoid arrest. A fresh pursuit is not restricted to a vehicle and applies to every mode of transport, including foot and bicycle.

Question 38

Emergency Scene

Answer 38

The emergency scene exception involves a situation in which
officers may make a warrantless entry to ensure their own
safety or that of the public.

Question 39

Seibert v. State

Answer 39

officers were justified in entering a house, because they had an objectively reasonable basis to believe that a person was about to commit suicide.

Question 40

PROBABLE CAUSE NOT REQUIRED

Answer 40

1. consent
2. inventory
3. administrative searches
4. incident to arrest

Question 41

Consent

Answer 41

If the consent is knowing and voluntary and the person giving consent has the authority to do so, then the search is valid

Question 42

Inventory

Answer 42

to conduct an inventory, which is a documentation of all valuable property in a vehicle and the description of the vehicle. An inventory is not designed to search for evidence

Question 43

Administrative Searches

Answer 43

Subjects of this type of search include students, public schools, people in government offices, government property

Question 44

Incident to Arrest

Answer 44

When a person is lawfully arrested and taken into custody, they may be
searched without a warrant. This is called a search incident to arrest

Question 45

Abandoned Property and Open Fields

Answer 45

Searches of abandoned property and open fields are two search types that are often considered exceptions to the search warrant requirement because does not have a reasonable
expectation of privacy