test Flashcards

1
Q

what burden of proof is needed for a terry frisk

A

reasonable suspicion

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2
Q

what’s a terry frisk looking for

A

weapons

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3
Q

considerations for a investigatory detainment

A

time of day, location NOT race, or height.

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4
Q

do they read them a copy of the criminal complaint at the arraignment

A

yes

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5
Q

how much time do they have to notify if there’s a change of address if on bond

A

48 hours to respond

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6
Q

what least do you want to establish reasonable suspicion

A

anonymous citizen

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7
Q

when released from rule 519 how many days do we have to file a criminal complaint

A

5 days to file

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8
Q

least popular way to do a summary proceeding

A

to file

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8
Q

on a mere encounter can you detain someone

A

no

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9
Q

do you need insurance info on citation

A

no

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10
Q

are you able to put someone’s race onto a traffic citation

A

no

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11
Q

community history matters when doing frisk?

A

yes

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12
Q

The judicial territory of court proceedings. Can be either county if it is within 100 yards of the county border.

A

venue

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13
Q

what’s rule 519

A

release someone if the most serious offense is a M2 or below OR M1 (DUI)
1. aren’t a threat to others or themselves
2. will appear in court

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14
Q

can you go into someone’s house if you think the person you’re looking for is in there

A

only with a search warrant

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15
Q

when someone committed a serious crime and they are hiding in someone’s house?

A

search warrant

16
Q

witness info on citation

A

no

17
Q

do you need physical description.
On a complaint or citation?

A

criminal complaint

18
Q

how do private citizens file a summary

A

criminal complaint

19
Q

facts that a reasonable person would determine a crime has been committed

A

probable cause

20
Q

explainable info blah blah blah

A

reasonable suspicion

21
Q

what does the magistrate do once you file a complaint

A

summons

22
Q

is there a jury for summary offences

A

no

22
Q

can you burst into someone’s house with reasonable suspicion

A

no

23
Q

at a hearing does the defendant need to talk

A

no

24
Q

for preliminary hearing what burden of proof

A

prima facia

25
Q

nighttime search warrant

A

10 pm- 6am

26
Q

for a nighttime warrant what burden of proof

A

reasonable cause

27
Q

can you promptly release a F3

A

no

28
Q

bill of particulars

A

7 days to plea

29
Q

do you need height/weight for complaint

A

no

30
Q

traffic citations

A

Traffic citations have a statute of limitations of 30 days or 1 year with an injury. If new evidence is introduced no case can be tried after 3 years.

Citations must be given to the MDJ within 5 days and the defendant must respond with 10 days.

31
Q

different bonds

A

Example of a Nominal Bond is $1.

Example of an Unsecure Bond is when a defendant owns nothing upfront, but must pay if they do not show up to court proceedings.

An ROR Bond is when the defendant is released on own recognizance as they believe the defendant will show up to court without consequences being laid.