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48 Cards in this Set
- Front
- Back
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What can happen in a prosecutorial review?
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1) issue the case
2) reject the case 3) send the case back for gathering of further evidence |
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When does the 6th amendment, right to council kick in?
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At the arraignment hearing
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What happens during the readiness conference?
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It is when all of the players get together to see fi they can come up with a resolution. AKA Plea Bargaining
this is where most of the cases are handled |
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What happens at the preliminary hearing?
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This is when the prosecutor presents the evidence to the judge against the defendant, and it is decided if there is enough evidence
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What is the information? When is it issued?
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The information is issued after the preliminary hearing by the judge explaining the evidence of what the defendant is being charged with
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When must the Preliminary Hearing Happen?
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10 days after the arraignment
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What is issued after a Grand Jury Review?
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An Indictment that would continue the trial
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What happens at the trial call?
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-decide where the location of trial be held
- decide what judge will hear the case |
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What does the 4th Amendment protect?
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-Unreasonable searches and seizures
-Warrant can only be issued with probable cause |
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What happens when the 4th amendment is violated?
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Exclusionary Rule
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What are the 3 reasons behind the Exclusionary Rule?
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1. constitutional rationale
2. judicial integrity rationale 3. deterrence of unlawful law enforcement |
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What does the fruit of the poisonous tree doctrine deal with?
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the exclusionary rule and all other evidence that is obtained as a result of the tainted evidence shall be inadmissible?
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What does the "Good Faith" exception call to?
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It refers to a flaw in obtaining evidence, yet the officer was following procedure and acting in good faith and therefore the exclusionary rule will not be activated.
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What are reasons that the good faith rule might not be accepted?
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1. misled the magistrate
2. non-neutral magistrate 3. the affidavit lacks in procedure that no reasonable affiant would think it valid |
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What is an affidavit?
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An officer's sworn testimony of probable cause to obtain a warrant.
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What is always needed to obtain a warrant?
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1. An affidavit
2. Probable Cause |
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What is a Search?
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Physical Penetration
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What is a Seizure?
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Physical obtaining of something or someone
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When is a person's 14th Amendment rights of search and seizure violated?
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When there is an objective belief that there is a reasonable expectation of privacy
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What is a search warrant?
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1. order in writing
2. signed by neutral magistrate 3. directed to a peace officer 4. commanding to search for a person or things |
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What is the particularity requirement?
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It is an aspect of a search warrant in which, the warrant particularly describes the location to be searched and the person and things to be seized.
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What is a Knock and Notice? and is it required?
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a factor to determine if the search was reasonable, used for homes in which the officer knock and state who they are before entering. It is not always required because there are some incidents in which the knock and notice will either jeopardize officer safety or obtaining evidence
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Can you search a home with probable cause?
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First ask if there is a warrant, if no then no, you cannot search the home.
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Can you search a home without a warrant and the person is dead and no one else lives there?
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NO because...
1. there is no consent 2. there are not exigent circumstances |
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A felony occurs in front of an officer, does the officer need a warrant?
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No, if the officer witnesses the felony, then there is probable cause for the arrest and therefore a felony requires no warrant.
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How is probable cause defined?
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defined through case law
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What are exigent circumstances?
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emergency circumstances, and can allow for a warrantless search and seizure within a home
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What are the exceptions to search a home without a warrant?
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1. exigent circumstances
2. consent to enter |
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Are officer's required to let the person know that they do not need to consent when asking to enter a person's home?
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No
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What is the 2 prong test for Probable Cause?
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1. the informant has a factual basis of knowledge (personal knowledge)
2. Informant is Credible |
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What are the totality of circumstances for probable cause?
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1. consider all of the circumstances
2. Factual Basis of Knowledge 3. Fair probability that a crime has been committed or is about to be committed. |
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What should be established within the affidavit?
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1. you're an expert
2.Informant's Personal Knowledge 3.Informant's reliable 4. Information isn't stale |
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What is an SIA?
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Search incident to the Arrest
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What does an SIA do?
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Allows an officer to search the person and the immediate surroundings of the person (protective sweep) for...
-officer safety -preservation of evidence |
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What is a traffic stop considered as?
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A seizure, and therefore the stop must be a lawful traffic stop
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Can you frisk the driver and passenger during a traffic stop?
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Yes, for officer safety
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What can allow plain view to come in?
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if the officer was there lawfully and makes an observation
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Is probable cause needed for a Stop and Frisk (Terry Stop)?
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NO
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What is needed for a proper Terry Stop?
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REASONABLE SUSPICION that a crime has been or will be committed
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How long is a stop, during a stop and frisk?
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brief detention
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Can a frisk be in search for contraband?
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NO, it can only be done to search for weapons.
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What solidifies a reasonable suspicion?
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The officer needs to be able to articulate the facts behind the reasonable suspicion.
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Can an officer stop and frisk based upon a hunch?
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Yes, as long as the officer can articulate the facts behind the stop and frisk.
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What is a Pre-text stop?
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A lawful traffic stop, but the officer suspects something.
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In an SIA can you only search for weapons?
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No you can search for any evidence within the person's
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For an Auto Search to occur does there need to be a warrant?
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No, as long as there is probable cause, except for the trunk.
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What is a 4th amendment waiver?
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When a person is on probation he or she waives their right to 4th amendment rights.
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What does the Miranda protect against?
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The inherently coercive nature of Custodial Interrogations
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