WEEK 1 NOTES Flashcards

Question

Reasonable Suspicion

Answer 1

Supported by articulable facts

Answer 2

Reasonable grounds to believe that a crime has been or is being committed

Answer 3

a belief that the defendant is guilty without a doubt (Jury standard for convictions)

Answer 4

1. Misdemeanor or felony has been committed in the officer's presence 2. A felony has occurred outside the officer's presence and there is P.C. the person being arrested committed it 3. PC they committed a felony when they confessed to it 4. Emergency detention: Anyone in mental/emotional distress with substantial likelihood of serious harm to self or others can be detained 5. Scene of an accident: Reckless driving DUI, other rules of the road a. Hurt b. $1,000 or more c. DUI 6. Domestic Violence 7. The driver of the vehicle involved in a traffic accident up to 4 hours after and the officer has probable cause to believe the driver has violated 8. Probably cause to believe the offense of stalking 39-17-315 has taken place 9. Accident - leaves the scene, arrest within 4 hours, and Probable cause for DUI 10. 55-10-119 serious bodily injury or death, no license, no insurance 11. Violated bond conditions

Answer 5

to deprive a person of liberty by legal authority. Everyone is subject to arrest. Congress/legislators are immune from civil arrest (Municipal ordinances) but not criminal

Answer 6

(ministers, ambassadors, etc.) have diplomatic immunity Must have an ID with # of the department of state

Answer 7

only misdemeanor you can arrest that has not taken place in your presence

Answer 8

Unattended children of arrestees. Must ask if they have children and who is caring for them. If they will be unattended contact DCS

Answer 9

1- there is a likelihood crime will continue 2- false ID is given/refusal to sign cite 3- subject requests magistrate 4- intoxication causing lack of safety 5- warrant for arrest 6- medical admittance 7- likelihood of failure to appear 8-not arresting jeopardizes the case

Answer 10

To make an arrest, either with or without a warrant, the officer may break open any outer or inner door or window of a dwelling house if, after notice of the officer's notice of authority and purpose, the officer is refused admittance

Answer 11

- A: 15-60 years, $50k - B: 8-30 years, $25k - C: 3-15 years, $10k - D: 2-12 years, $5k - E: 1-6 years, $3k

Answer 12

- A: 11m 29d, $2,500 - B: 6m, $500 or both - C: 1m, $50 or both

Answer 13

- Shall = Have to/Mandatory - Should = Preferred - May = Typically Discretionary - Must = Shall Have to/Mandatory

Answer 14

- § 13: crimes against people - § 14: crimes against property - § 15: crimes against family - § 16: crimes against government - § 17: crimes against public health and safety

Answer 15

- Chapter 8 operation of Vehicles — Rules of the Road - Chapter 10 Accidents, Arrests, Crimes and Penalties

Answer 16

Writs of assistance o Search colonist homes and businesses o Guise of untaxed goods o Life of King + 6 months o Could be used over and over o Heavily abused

Answer 17

- Boston Tea Party Dec 16, 1773 - Shot Heard round the world April 19, 1775

Answer 18

1- Actual (subjective) expectation of privacy 2- Expectation is one that society is prepared to recognize as reasonable

Answer 19

Chancery and Circuit judges have statewide jurisdiction to issue search warrants

Answer 20

Must have 3 copies - 1 for judge, 1 for defendant, 1 for court

Answer 21

Reasonable suspicion of destruction of evidence or officer/personal safety

Answer 22

- May be done with warrant/written consent - Cannot be done on traffic, regulatory, or misdemeanor. Offense - except involving weapons, drugs, contraband - Must be done by a medical professional

Answer 23

- Mapp vs. Ohio: Any evidence found on a bad search warrant will be dismissed * O.R.T. (Objective Reasonable Test): Were the actions of the officer reasonable

Answer 24

Consensual: Voluntary - Mere suspicion (sense or hunch of criminal activity) to encounter suspect o Detain: keeping susp. at scene - Reasonable (articulable) suspicion to hold suspect o Arrest: Taking the susp. into custody for crime - Probable cause (belief based on facts) to arrest suspect

Answer 25

Land that has a reasonable expectation of privacy (home, barn, etc.)

Answer 26

1. Consensual search 2. Incident to arrest 3. Plain view 4. Terry frisk 5. Open field 6. Caretaker function 7. Exigent circumstances 8. Abandoned property 9. Protective sweep- scope is anywhere a person may be found

Answer 27

- Mere suspicion: to run a plate - Reasonable suspicion: to pull over (detain) a vehicle

Answer 28

1. Consent 2. Incident to arrest - cannot search unless evidence to that crime is articulable present 3. Frisk - requires reasonable suspicion of weapon in scope = "grabbable (Unlocked) area" 4. Plainview 5. Exigent circumstances - Carroll Doctrine (based on the mobility of vehicle, requires PC) 6. Inventory search - the purpose is to protect the arrestee's property. Inventory Plainview items unless given written consent to inventory compartments

Answer 29

No knock warrants are not legal in TN - Let them know you're there, marked cars, PA system - 3-5 SECONDS is a reasonable time before entry

Answer 30

1- Protects officers 2- Protects inherent privacy effort in a home 3- Protects against needless destruction of property

Answer 31

legal in TN (FedEx shipment of drugs example)

Answer 32

Exclusionary rule is triggered - Evidence found is inadmissible - Violation of civil rights under color of the law - Reputation is tarnished, does not respect the law or is too lazy

Answer 33

- Retaining ID - Consent after original denial - Overbearing or abusive police powers - Psychological ploys - Statement leading a party to believe they can't refuse - Consent obtained despite consenting party denial of guilt - Consent after restraining or surrounding subject - Telling that denial indicates guilt - Telling then another has already given permission

Answer 34

Discovery, pretrial motions, plea bargaining, jury trial

Answer 35

a hunch/feeling with no proof

WEEK 1 NOTES Flashcards

(59 cards)