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10 Cards in this Set
- Front
- Back
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How is probable cause defined?
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- Factual information based on
- reasonable and trustworthy information - that person committed offense. |
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What is required to be in a warrant?
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1. Written order
2. Name of offender or reasonable description 3. Offense 4. Signed and dated, and 5. Office of signing magistrate |
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Definitions of search, seizure of person, and seizure of property?
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Search - invade reasonable expectation of privacy
Seizure (person) - Not free to leave based on reasonable innocent person Seizure (property) - Significant intrusion into possession |
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What is required to get a search warrant?
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1. Probable cause
2. Sworn affidavit 3. Particularly describes places and things 4. Neutral and detached magistrate, and 5. Knock and announce unless reasonable grounds that evidence will be destroyed Remember good-faith exception, but only works with PC |
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What must be shown in a written statement/confession to be admissible?
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1. Miranda warnings,
2. Knowlingly, intelligently and voluntarily waived rights, and 3. handwritten and signed by defendant. |
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What must be shown for an oral confession to be admitted?
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1. recording made
2. Miranda warnings 3. Knowingly, intelligently, and voluntarily waived rights 4. Recording accurate, not altered, competent operator 5. All voices are identified, and 6. Given to defense 20 days before trial. |
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What is required to waive indictment for a felony offense?
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1. Counsel
2. Waiver in open court or written 3. Voluntary, and 4. No death penalty |
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What rights does defendant have before grand jury?
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1. No self-incrimination
2. Have counsel outside and run out to get advice 3. Have the transcript recorded |
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What must be included in the indictment (form-wise)?
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1. "In the name and by authority of Texas",
2. indictment presented in district court, 3. Indictment acted on by grand jury in that county 4. Name of person 5. Place of offense 6. Date 7. Elements of offense charged, 8. "against peace and dignity of state" 9. Signed by foreman |
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What must be done for a change of venue?
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1. Written motion for change of venue, and
2. Affidavits that a fair trial cannot be held in the county by: - defendant, AND - 2 credible county residents |
