Scenario Days

Question 2

Good way to remember when to Mirandize someone (OIC)

Answer 2

Officer
Interrogation
Custody

Question 3

There are times when you will get a confession before a Miranda advisement, do you need a miranda advisement for that confession to be valid?

Answer 3

Yes

You will only get away with it a few times without using Miranda Advisements

Question 4

When does 5th Amendment rghts apply?

Answer 4

Custody

Question 5

Does the 5th Amendment right to counsel apply to police initiated questioning about any crime?

Answer 5

Yes ANY crime

Question 6

What is the “Trifecta” in terms of what is needed for Miranda Advisements to be applied?

Answer 6

OIC

O = Officer (Government Actor)
I = Interrogation
C= Custody

Question 7

What are (3) Types of Officer Citizen Encounters??

Answer 7

(1) - Voluntary / Consensual
(2) - Temporary Detention
(3) - Arrest

Question 8

_________________________________ _______
(1969) which created the to a _______________ __________________ _____________________ _______________ 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.

Answer 8

Chimel v. California (1969)

Search Incident to a Lawful Arrest

Question 9

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 _____________ _______________ .

Answer 9

Lunge Area

Reach to Grab

Weapon or Destroy Evidence

Question 10

The search and arrest must be contemporaneous, which means at the _____________________ ____________________.

Answer 10

Same Time

Question 11

What is “Search Incident to a Lawful Arrest”?

Answer 11

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

Question 12

What is a “Carol” Search?

Answer 12

A Vehicle Search

Glove box = Yes
Trunk = No

Carol then Belton case

Question 13

Two part rule governing searches of vehicle incident to the arrest?

Answer 13

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

Question 14

If you find something in the glove box, incident to arrest, can you now search the trunk?

Answer 14

Yes

Probable Cause now

Question 15

What do you need to make vehicle occupants leave their bags or stuff in the car?

Answer 15

Probable Cause

Reasonable Suspicion- they can take bags and their stuff

Question 16

Automobile Exception to Warrant

1. The officer has to believe _________ ________that the automobile contains contraband or evidence of a crime;

AND

2. The automobile is ____________
   mobile.

Answer 16

(1) Probable Cause

(2) Readily Mobile

Question 17

Are the courts ok with an officer threatening a “legal Possibility”?

Answer 17

Yes

BAC - refusal to blow, you can threaten you will get a warrant for the blood, hold them down and stick them with a needle.

Question 18

Should you leave someone within communication distance when they give consent to search?

Answer 18

Yes

You must be able to hear them OR another officer to stay with them

Question 19

Pro-Tip - Mirandize on contact as a formality, then come back to them. - Why?

Answer 19

So they forget you have already done it.

Question 20

Criteria for Plain View (3)

Answer 20

(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).

Question 21

What is an “Exigent Circumstances”?

Answer 21

when there is “a compelling need for immediate official action and no time to secure a warrant.”

Question 22

Exigent Circumstances (5)

Answer 22

(1) - Hot pursuit of a person fleeing scene of a felony;

(2) - When a lawful arrest for a felony is initiated in a public place and the suspect flees into a residence to avoid the arrest;

(3) - Hot pursuit of a misdemeanant if the circumstances show possible escape, destruction of evidence, imminent harm to others or the officer;

(4) - Immediate danger to persons or property; and

(5) - Imminent destruction of evidence (jailable offense).

Question 23

What is “Community Caretaking”?

Answer 23

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.”

Question 24

Warrant Exceptions **

Answer 24

Community Care Taking
Vehicle Inventory
Probation parole
Terry Stop
Consent
Incident to arrest
Vehicle

Question 25

Burden of proof for Arrest

Answer 25

Probable Cause

Question 26

When can you arrest if you did not see a misdemeanor?

Answer 26

Citizens Arrest OR Warrant

Question 27

When a Peace officer may arrest?

Answer 27

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.

Question 28

Difference “Probation" and “Parole"

Answer 28

Parole = out early from prison (Board Warrant) Probation = haven't been to prison yet (Agent Warrants)

Question 29

(5) Elements of a Crime

Answer 29

(1) - Name (identity) (2) - Date (3) - Location (4) - Act (18-114) (5) - Intent (18-101 & 18-115)

Question 30

What is an “Inchoate Crime”?

Answer 30

Inchoate means imperfect; unfinished; begun but not completed. Inchoate crimes include Attempt, Conspiracy and Solicitation. 18 - 306 = Attempt

Question 31

What is “Grand Theft” in Idaho?

Answer 31

Anything stolen over $1,000

Question 32

Check the box that defines a robbery **** POST TEST

Answer 32

pg.158 “Fear/Force” = Robbery

Question 33

Resisting or Obstructing Idaho Code

Answer 33

18-705

Question 34

Idaho’s one and only hate crime statute

Answer 34

Malicious Harassment 18-7902

Question 35

Under Idaho Code 18-7001 “Malicious Injury to Property” what makes it a FELONY?

Answer 35

Goes from Misdemeanor to a FELONY when there is over $1,000 in damage

Question 36

What are the (3) ways to commit a battery

Answer 36

(1) - Willful (2) - Actual (3) - Unlawfully

Question 37

When does “Domestic Violence” become a felony?

Answer 37

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

Question 38

If someone who has been dating (Romantic relationship, but does not have to be intimate ) is involved in an “Attempted Strangulation” qualify as a FELONY?

Answer 38

Yes

Question 39

What did the case Pennsylvania v. Mimms establish?

Answer 39

Officers CAN lawfully order a person out of a vehicle during a traffic stop without violating 4th Amendment