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13 Cards in this Set
- Front
- Back
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Rule 4 of Colorado Rules Criminal Procedure Requirements |
Supplied with sufficient information to support an independent judgement that probable cause exists for the warrant. Must be filled out in detail and completed for the warrant to even be seen. |
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Rule 4 of CRCP Warrant Form |
1. Intent 2. Authority 3. Seizure or Detention 4.The understanding The form has to be valid, or with PC that the crime was committed, and or you witnessed the crime being committed. |
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Rule 4 of CRCP Summons Form |
The name of the court The parties The plaintiffs attorneys address and the time when the defendant must appear in court if applicable. |
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Rules 4 of CRCP Warrant Execution |
-Gives police the Authority to arrest a person and hold the person in custody. “A Judge, magistrate or grand jury” -Anywhere the person works and or at their place of residence. Even at any public business. Confronting the person and explaining the warrant and proceeding with the arrest. |
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Rule 41 of CRCP Who may issue the Warrant |
Must contain or be accompanied buy a sworn statement of fact establishing PC, to believe that a criminal offense has been committed, and that the offense was committed by the person for whom the warrant is sought. |
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Rule 41 of CRCP Grounds for Issuance |
1. Which is stolen or embezzled 2. Designed or intended for use as a means of committing a criminal offense 3. Which is or has been used as a means of committing a criminal offense. 4. The possession of which is illegal 5. Material evidence in a subsequent criminal prosecution. 6. The seizure of which is expressly required, authorized, or permitted by any statue of this state. 7. Which is kept, stored, maintained, transported, sold, dispensed, or possessed in violation of statue of this state. |
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Rule 41 of CRCP Execution of Warrant |
(1) if the judge is satisfied the grounds for the application exist, or that there is PC to believe that such grounds exist, he shall issue the Search Warrant. A search warrant shall be executed within 14 days after its date. |
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Rule 41 or CRCP Execution of warrant Continue |
When may you use force in executing a search warrant? Whenever force is needed/when the officer has to use force to protect themself from harm. Officers are allowed to protect themselves and others. |
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Types of Physical Evidence |
1. Demonstrative 2. Real 3. Testimonial 4. Documentary |
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Hearsay Rule |
What is it? It is when you are able to say something from admitted as evidence because of the inability of the other party to cross examine the maker of the statement |
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Direct Evidence |
Its evidence that directly links a person to a crime, without the need of any inference Consists of eyewitnesses, a confession or weapon |
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Circumstantial Evidence |
Proof of a fact or set of facts from which one could infer the fact in question. It’s a connection to the concluding facts. |
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Purpose of Rules of Evidence |
-To protect from unreliable evidence being introduced into the court system. -To prevent unfairly prejudicial evidence from being introduced. -To stop unduly time consuming |
