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48 Cards in this Set
- Front
- Back
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Arraignment |
The formal Act of calling the defendant into open court, informing him of the offence with which he is charged, and the entry of a plea to the charge. |
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Charge |
a formal written statement presented to a court accusing a person of the commission of a crime. |
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Complaint |
A written statement charging the commission of a crime by an alleged officer, filed in the county court |
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Custody |
The Restraint of a person's freedom in any significant way. |
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Preliminary hearing |
A hearing on a complaint filed in the county court or an information filed in the district court, to determine if there is probable cause to believe that an offence has been committed and that the person charged committed it |
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Search warrant |
a written order made by a judge of a court to record commanding a peace officer to search the person, premises, Place, property, or thing described in the search warrant and to seize property described or identified there in. |
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warrant |
A written order issued by a judge of a court of record directed to any peace officer commanding the arrest of the person named or described in the order. |
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Summons |
A written order or notice directing that a person appear before a designated court at us to time and place and answer to a charge against |
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Blind |
The administrator of a live lineup, photo array, or show up does not know the identity of the suspect |
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Eyewitness |
A person who observed another person at or near the scene of an offense. |
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Filler |
Either a person or a photograph of a person who is not suspected of the offense in question and is included in an identification procedure. |
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Live lineup |
And identification procedure in which a group of persons, including the suspected perpetrator of an offense and other persons who are not suspected of the offense, is displayed into an eye witness for the purpose of determining whether the eyewitness identifies the suspect as the perpetrator.. |
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Photo array |
And identification procedure in which an array of photographs, including the photograph of the suspected perpetrator of an offense and additional photographs of other persons who are not suspected of the offense, is this played to an eyewitness either in hard copy form or via electronic means for the purpose of determining whether the eyewitness identifies the suspect as the perpetrator. |
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Issuance of summons and complaint |
May be issued by any peace officer for an offense constituting a misdemeanor or a petty offense committed in his presence or, if not committed in his presence, which he has probable cause to believe was committed and probable cause to believe was committed by the person charged. |
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Content of summons and complaint |
Show how identify the offense charged, including a citation of the statute alleged to have been violated, shall contain a brief statement or description of the offense charged, including the date and approximate location thereof, and shall direct the defendant to appear before a specified County Court as stated date, time, and place. |
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Service of summons |
Issued by the county court Annabelle prosecution for a misdemeanor or class 1 Petty offense may be served by giving a copy to the defendant personally or by leaving a copy at the defendants usual place of adobo with some person over the age of 18 years residing therein or by emailing a copy to the defendants last known address by certified mail, return receipt requested, not less than 14 days prior to the time of the defendant is required to appear. |
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Failure to appear |
A bench warrant me issue for his arrest. |
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Arrest-how and when |
An arrest may be made on any day and at any time of the day or night. |
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Stopping of suspect |
A peace officer may stop any person whom he reasonably suspect is committing, has committed, or is about to commit a crime and may require him to give his name and address, identification if available, and an explanation of his actions. |
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Pursuing of suspect |
Having a warrant for his arrest or having knowledge that such warrant has been issued, or, in the absence of an arrest warrant, when the offense was committed in the officer's presence or the officer has reasonable grounds to believe that the alleged offender has committed a criminal offense, and the alleged offender crosses a boundary line marking the territorial limit of his authority. |
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Arrest by private person (citizen arrest) |
When any crime has been or is being committed by the arrested person in the presence of the person making the arrest. |
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Peace officer incident |
A person has the right to lawfully record any incident involving a peace officer and to maintain custody and control of that recording and the device used to record the recording. yes with consent, search warrant or subpoena, or lawful exception to the warrant requirement. yes with consent, search warrant or subpoena, or lawful exception to the warrant requirement. |
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Right to communicate with attorney |
A reasonable number of telephone calls such communication shall be permitted at the earliest possible time after arrival at a police station, Sheriff's Office, jail, or other like confinement facility to which such person is first taken after arrest. |
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Right to consult with attorney |
As many times and for such. Each time as is reasonable. |
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search warrants |
By a judge of a court of record.To search for and seize any property: which is stolen or embezzled, which is designed or intended for use as a means of committing a criminal offense, which is or has been used as a means of committing a criminal offense, the possession of which is illegal, which would be material evidence in a subsequent criminal prosecution in this state or in another state, the seizure of which is expressly required, authorized, or permitted by any statute of this state, which is kept, stored, maintained, transported, sold, dispensed, or possessed in violation of a statute of the State, under circumstances involving a serious threat to Public Safety or order or to Public Health, which would Aid in the direction of the whereabouts of or in the apprehension of a person for whom a waffle arrest warrant is outstanding |
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Peace officer incident |
yes if he is given consent or if he has a warrant, or with a waffle exception to the warrant requirement |
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Fourth Amendment |
The right of the people to be secure in their persons safe from unreasonable searches safe from unreasonable seizures |
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Terry v Ohio 1968 |
A consensual encounter is not a seizure under the Fourth Amendment |
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Katz V. US 1967 |
Any place you expect to be out of the eyes and ears of the public |
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Mapp V Ohio 1961 |
Evidence obtained illegally may not be used against someone in a court of law fruit of the poisonous tree Doctrine |
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reasonable suspicion |
The sort of common-sense conclusion about human behavior upon which practical people are entitled to rely. Reasonable Suspicion is only something more than an articulated hunch, it requires facts or circumstances that give rise to more than imaginary or conjectural suspicion. |
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Probable cause |
A reasonable person would believe the crime was in the process of being committed, had been committed, or is going to be committed |
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Probable cause |
Yes identify citizen information- off-duty police officer known informant - an informant who has provided previous reliable tips Anonymous informant - an informant who gives information but is not sufficient to justify legal action
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Affidavit in support of search warrant |
Identify or describe, as nearly as may be, the premises, person, place, or thing to be searched identify or describe, as nearly as may be, the property to be seized for, surged, or inspected issuance State the grounds or probable cause for its issuanceState the names of the persons whose affidavits or testimony have been taken in support thereof State the names of the persons whose affidavits or testimony have been taken in support thereof |
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affidavit in support of search warrant |
Probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. |
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Execution of search warrant |
Anytime a search warrant is issued |
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Use of force during search warrant |
Use such Force as is reasonably necessary in the performance of the duties commanded by the warrant |
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Search warrant time frame |
Within 14 days after its date |
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Plainview search |
Plainview, plain smell, Plain feel, plain hearing |
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Pat down (frisk) search |
When a police officer Pats down the outer surface of a person's clothing an attempt to find weapons drugs or other such dangerous or illegal items |
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Consent search |
A warrantless search due to the search person or persons property that has been given consent to search |
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Exigent circumstance search |
If someone is arrested and the officer searches the passenger car and finds illegal drugs |
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probation / parole search |
Whenever the officer has a reasonable suspicion of a probation or parole violation |
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Plainview search of a vehicle |
Searching inside of a vehicle that is within the reach of a driver |
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Search of a vehicle incident to arrest |
Passenger compartment, closed containers, glove compartment, trunks, open truck beds, and the arrestee |
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Search of vehicles |
You may search a vehicle without a warrant if you have probable cause and the vehicles mobile |
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Vehicle inventory search |
To make sure there is no Contraband or weapons and to get the inventory of everything that is within the vehicle all compartments and closed containers, trunks, beds |
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Rule 41.1 Colorado rules of criminal procedure |
A court order to appear in court |
