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68 Cards in this Set

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What is Probable Cause?
A set of facts or circumstances that would lead a reasonable and prudent person to believe that a crime has, is, or will be committed and the person in question is involved in a significant manor. It is more than mere suspicion but less than absolute certainty.
What is Articulable Reasonable Suspicion?
A set of facts or circumstances that would lead a reasonable and prudent peace officer using ones knowledge, experience, and training to believe that a crime is afoot.
What is the least thing that is needed for a traffic stop?
Articulable Reasonable Suspicion
What is significant about the fourth Amendment?
Gives people the right to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.
What four things do you need to have on in a patrol car when making a traffic stop?
Blue lights, Sirens, Headlights, and Wig Wags
What do most employment agencies define a hostile working environment as?
Any repetitive acts of harassment which are both severe and pervasive enough to alter the conditions of the victim's employment by creating an abusive working environment. Examples of such acts include touching, sexual comments, jokes, and sexually oriented pictures
What is sexual harassment?
Gender based actions of a sexual nature and involving sexual stereotyping.
What are the elements of the crime of Murder? 16-5-1
Malice aforethought
with deliberate intent
causing the death of another
What is Felony Murder?
When in the commission of a felony offense you cause the death of another.
What are the elements of the crime of Rape? 16-6-1
A person commits the offense of rape when he
has carnal knowledge of a female
forcibly and against her will
or with a female child who is less than the age of 10
What is Carnal Knowledge?
The penetration (no matter how slight) of a female's sex organs by a male's sex organs
When does Child Molestation become aggravated?
A person commits the offense of aggravated child molestation when a person causes physical injury to the child or the act involves an act of sodomy
What is the significance of Tennessee v Garner?
This is the case where an officer responded to a burglary and found the person doing the burglary. The person turned and ran. The officer told him to stop. The person continued running and the officer shot and killed him. This court case established that you may not shoot an unarmed fleeing felon who has not been convicted and is escaping.
Can you shoot an unarmed fleeing felon?
no - unless he is convicted and incarcerated for a felony and is in the act of attempting an escape from custody
When can an officer in a police department use warning gunshots?
Never
What is the significance of Escobedo V Illinois?
was a United States Supreme Court case holding that criminal suspects have a right to counsel during police interrogations under the Sixth Amendment.
What are the facts of the case of Escobedo v Illinois?
Danny Escobedo's brother-in-law, Manuel, a convict from Chicago, was shot and killed on the night of January 19, 1960. The police detained Danny Escobedo early the next morning, tried without success to interrogate him, but on the advice of his lawyer, he refused to make any statements and was released. Subsequently, Benedict DiGerlando, who was in custody and considered another suspect told the police that indeed Escobedo fired the fatal shots because the victim had mistreated Escobedo's sister. On January 30, again, the police arrested Escobedo and his sister, Grace. While transporting them to the police station, the police explained that DiGerlando had testified, and urged Danny and Grace to confess. Escobedo again declined. Escobedo asked to speak to his attorney, but the police refused. His attorney went to the police station and repeatedly asked to see his client, but was refused access. Police and prosecutors proceeded to interrogate Escobedo for fourteen and a half hours until he made damaging statements. Found guilty of murder, Escobedo appealed on the basis of being denied the right to counsel.

Escobedo appealed to the Illinois Supreme Court, which initially held the confession inadmissible and reversed the conviction. Illinois petitioned for rehearing and the court then affirmed the conviction. Escobedo appealed to the U.S. Supreme Court. The ACLU argued before the Court as amicus curiae favoring Escobedo.
This holding was later overruled by Miranda v. Arizona, and the Supreme Court held that pre-indictment interrogations violates the Fifth Amendment, not the Sixth Amendment. As Escobedo was questioned during a custodial interrogation, the result for the appellant would have been the same.
What is the significance of the case of Mapp v Ohio?
Relating to the fourth Amendment protections from illegal search and seizure, this case established the requirement of search warrants applicable at the state level and not just the federal level
What are the facts of the case of Mapp v Ohio and what was Ms. Mapp's first name?
Dolree Mapp was harboring a fugitive. When the local police came looking for him they did not have a warrant and she would not let them in. They left. They soon returned with what they claimed was a search warrant and conducted an illegal search uncovering pictures in a trunk in the basement that they percieved as pornographic. She was arrested for possession of lewd materials and appealed because the officers did not have a warrant. Prior to this case local officers were not required to have search warrants.
What is the significance of Miranda v Arizona?
Under the fifth amendment, allows protections from self incrimination. Established that a person must be advised of their rights to counsel and to remain silent if they are in custodial arrest and are being questioned. Both aspects must be present for Miranda to be in effect.
What are the facts of the case of Miranda v Arizona?
On March 13, 1963, Ernesto Arturo Miranda was arrested based on circumstantial evidence linking him to the kidnapping and rape of an 18-year-old woman 10 days earlier.[1] After two hours of interrogation by police officers, Miranda signed a confession to the rape charge on forms that included the typed statement "I do hereby swear that I make this statement voluntarily and of my own free will, with no threats, coercion, or promises of immunity, and with full knowledge of my legal rights, understanding any statement I make may be used against me." However, at no time was Miranda told of his right to counsel, and he was not advised of his right to remain silent or that his statements would be used against him during the interrogation before being presented with the form on which he was asked to write out the confession he had already given orally. At trial, when prosecutors offered Miranda's written confession as evidence, his court-appointed lawyer, Alvin Moore, objected that because of these facts, the confession was not truly voluntary and should be excluded. Moore's objection was overruled and based on this confession and other evidence, Miranda was convicted of rape and kidnapping and sentenced to 20 to 30 years imprisonment on each charge, with sentences to run concurrently. Moore filed Miranda's appeal to the Arizona Supreme Court claiming that Miranda's confession was not fully voluntary and should not have been admitted into the court proceedings. The Arizona Supreme Court affirmed the trial court's decision to admit the confession in State v. Miranda, 401 P.2d 721 (Ariz. 1965). In affirming, the Arizona Supreme Court emphasized heavily the fact that Miranda did not specifically request an attorney.[2]
How long is a search warrant valid and why?
10 days to keep the information from going stale
How long does an officer have to bring an arrestee before a judiciary officer?
48 hrs
What are the specific relationships defined as relevant to domestic violence?
past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same household
What are the charges that are specifically defined as domestic violence charges?
Commission of offenses of battery
simple battery
simple assault
assault
stalking
criminal damage to property
unlawful restraint
criminal trespass
or any felony
What are the 10 traffic offenses that when committed by a juvenile, require that a juvenile complaint must be filled out?
1. Hit and run/ leaving the scene of an accident 40-6-270
2. Racing on hwy/streets 40-6-186
3.MV fleeing and attempting to elude 40-6-396
4.Reckless Driving 40-6-390
5.Unlawful passing school bus 40-6-163
6.Improper passing on hill/curve 40-6-45
7. Exceeding speed limit by more than 24 mph 40-6-181
8. Driving under the influence 40-6-391
9. Vehicular homicide/fetacide 40-6-393 and 393.1
10. Serious injury by vehicle 40-6-394
What is a SANE nurse?
Sexual Assault Nurse Examiner
If a person is fleeing from the police and throws a gun out the window into a play ground with children in it, what is the charge?
Reckless Conduct
What is the difference between Forgery in the first degree and Forgery in the second degree?
In Forgery in the first degree the document must be uttered (passed). Forgery in the second just requires that it be in the subject's possession
In Georgia, can you rape your wife?
yes
What is preclusion?
Finding a different route to deal with the problem
obviation: the act of preventing something by anticipating and disposing of it effectively
wordnetweb.princeton.edu/perl/webwn - Definition in context
When involved in a sexual harassment, who is the first person that you are required to go to?
The other party involved
A victim has bruises and open bleeding cuts, what is the appropriate charge?
Battery
With an administrative search or inventory of a vehicle prior to impound, what parts of the car can you search?
The whole car and trunk to include all unlocked containers
When is carrying a concealed weapon a felony?
Upon the second conviction
If you have a person under arrest and you read them Miranda about one crime and they tell you that they will not talk to you without an attorney, Can you reread them Miranda and question them about another crime?
yes
Do you have to read a subject Miranda warnings as soon as you arrest them?
no, they are only required if the subject is arrested and you are going to interview them. NO INTERVIEW OR INTERROGATION: NO WARNINGS REQUIRED
Do you have to inform a person who has consented to a vehicle search that they have the right to stop you at any time?
no
List the Standardized Field Sobriety Tests in order of use
HGN, walk and turn, one leg stand
What does HGN stand for?
Horizontal Gaze Nystagmus
When does a juvenile have to be finger printed?
When they are charged with a felony
What are the elements of the crime of theft by taking?
When a person takes the property of another
with the intent of depriving the owner of the property
What are the elements of the crime of Aggravated assault?
When you assault with the intent to rape, rob or kill.
Or you assault with any weapon or object that when used offensively against another either will or is likely to cause serious bodily injury or death
What are the elements of the crime of sexual battery?
A person commits the offense of sexual battery when he intentionally makes physical contact with the intimate parts (primary genital area, anus, groin, inner thighs, or buttocks of a male or female and the breasts of a female) of the body of another person without the consent of that person.
Who is able to start a pursuit?
A peace officer
Who is able to stop a pursuit?
Either the officer who started the pursuit or a supervisor
Which two types of people need to be added to GCIC immediately?
Elderly and young children they are considered Critical Missing
If a person refuses implied consent, can you still charge them with DUI?
yes
If you believe a person to be DUI with something other than alcohol, what is the best bodily fluid to get to test?
blood
What is the ALS hearing?
Administrative License hearing
What is the court that county ordinances are heard in?
Magistrate
What court are misdemeanors usually heard in?
State Court
What court is a felony charge heard in?
Superior Court
What court hears appeals?
Supreme Court
When does theft by shoplifting become a felony?
Upon the fourth conviction in the same county within 7 days without regard to cost of theft or when the amount of the theft is over $299
When do you read implied consent to a person?
Right after placing the person under arrest for DUI
How many officers can be in a pursuit without requiring the supervisors to authorize more?
2
How far back do you need to be from the car in front of you in a pursuit?
a safe distance
When involving a juvenile offender, where are they taken when they are taken into custody?
Youth Detention Center
What are the elements of the crime of Arson in the first degree?
(a) A person commits the offense of arson in the first degree when, by means of fire or explosive, he or she knowingly damages or knowingly causes, aids, abets, advises, encourages, hires, counsels, or procures another to damage:

(1) Any dwelling house of another without his or her consent or in which another has a security interest, including but not limited to a mortgage, a lien, or a conveyance to secure debt, without the consent of both, whether it is occupied, unoccupied, or vacant;

(2) Any building, vehicle, railroad car, watercraft, or other structure of another without his or her consent or in which another has a security interest, including but not limited to a mortgage, a lien, or a conveyance to secure debt, without the consent of both, if such structure is designed for use as a dwelling, whether it is occupied, unoccupied, or vacant;

(3) Any dwelling house, building, vehicle, railroad car, watercraft, aircraft, or other structure whether it is occupied, unoccupied, or vacant and when such is insured against loss or damage by fire or explosive and such loss or damage is accomplished without the consent of both the insurer and the insured;

(4) Any dwelling house, building, vehicle, railroad car, watercraft, aircraft, or other structure whether it is occupied, unoccupied, or vacant with the intent to defeat, prejudice, or defraud the rights of a spouse or co-owner; or

(5) Any building, vehicle, railroad car, watercraft, aircraft, or other structure under such circumstances that it is reasonably foreseeable that human life might be endangered.

(b) A person also commits the offense of arson in the first degree when, in the commission of a felony, by means of fire or explosive, he or she knowingly damages or knowingly causes, aids, abets, advises, encourages, hires, counsels, or procures another to damage anything included or described in subsection (a) of this Code section.
What are the elements of the crime of Arson in the second degree?
(a) A person commits the offense of arson in the second degree as to any building, vehicle, railroad car, watercraft, aircraft, or other structure not included or described in Code Section 16-7-60 when, by means of fire or explosive, he or she knowingly damages or knowingly causes, aids, abets, advises, encourages, hires, counsels, or procures another to damage any building, vehicle, railroad car, watercraft, aircraft, or other structure of another without his or her consent or in which another has a security interest, including but not limited to a mortgage, a lien, or a conveyance to secure debt, without the consent of both.

(b) A person also commits the offense of arson in the second degree as to any building, vehicle, railroad car, watercraft, aircraft, or other structure not included or described in Code Section 16-7-60 when, in the commission of a felony, by means of fire or explosive, he or she knowingly damages or knowingly causes, aids, abets, advises, encourages, hires, counsels, or procures another to damage any building, vehicle, railroad car, watercraft, aircraft, or other structure of another without his or her consent or in which another has a security interest, including but not limited to a mortgage, a lien, or a conveyance to secure debt, without the consent of both.
What are the elements of the crime of Arson in the third degree?
§ 16-7-62. Arson in the third degree

(a) A person commits the offense of arson in the third degree when, by means of fire or explosive, he or she knowingly damages or knowingly causes, aids, abets, advises, encourages, hires, counsels, or procures another to damage:

(1) Any personal property of another without his or her consent or in which another has a security interest, including but not limited to a lien, without the consent of both and the value of the property is $25.00 or more;

(2) Any personal property when such is insured against loss or damage by fire or explosive and the loss or damage is accomplished without the consent of both the insurer and insured and the value of the property is $25.00 or more; or

(3) Any personal property with the intent to defeat, prejudice, or defraud the rights of a spouse or co-owner and the value of the property is $25.00 or more.

(b) A person also commits the offense of arson in the third degree when, in the commission of a felony, by means of fire or explosive, he or she knowingly damages or knowingly causes, aids, abets, advises, encourages, hires, counsels, or procures another to damage anything included or described in subsection (a) of this Code section.
What are the elements of the crime of Voluntary Manslaughter?
§ 16-5-2. Voluntary manslaughter

(a) A person commits the offense of voluntary manslaughter when he causes the death of another human being under circumstances which would otherwise be murder and if he acts solely as the result of a sudden, violent, and irresistible passion resulting from serious provocation sufficient to excite such passion in a reasonable person; however, if there should have been an interval between the provocation and the killing sufficient for the voice of reason and humanity to be heard, of which the jury in all cases shall be the judge, the killing shall be attributed to deliberate revenge and be punished as murder.
What are the elements of the crime of Involuntary Manslaughter?
§ 16-5-3. Involuntary manslaughter

(a) A person commits the offense of involuntary manslaughter in the commission of an unlawful act when he causes the death of another human being without any intention to do so by the commission of an unlawful act other than a felony. A person who commits the offense of involuntary manslaughter in the commission of an unlawful act, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten years.

(b) A person commits the offense of involuntary manslaughter in the commission of a lawful act in an unlawful manner when he causes the death of another human being without any intention to do so, by the commission of a lawful act in an unlawful manner likely to cause death or great bodily harm. A person who commits the offense of involuntary manslaughter in the commission of a lawful act in an unlawful manner, upon conviction thereof, shall be punished as for a misdemeanor.
What is the significance of Terry v Ohio?
Provided that Articulable Reasonable Suspicion is all that is needed for an officer to pat down the outer garments of a suspect for weapons or safety
What were the facts of the case of Terry v Ohio?
On October 31, 1963, while on a downtown beat which he had been patrolling for many years, Cleveland Police Department detective Martin McFadden saw two men, John W. Terry and Richard Chilton, standing on a street corner and acting in a way the officer thought suspicious. Detective McFadden observed the two proceed alternately back and forth along an identical route, pausing to stare in the same store window. Each completion of the route was followed by a conference between the two on a corner. The two men repeated this ritual alternately between five and six times apiece—in all, roughly a dozen trips. After one of these trips, they were joined by a third man (Katz) who left swiftly after a brief conversation. Suspecting the two men of "casing a job, a stick-up", detective McFadden followed them and saw them rejoin the third man a couple of blocks away in front of a store.

The plainclothes officer approached the three, identified himself as a policeman, and asked their names. The men "mumbled something", whereupon McFadden spun Terry around, patted down his outside clothing, and felt a pistol in his overcoat pocket. He reached inside the overcoat pocket, but was unable to remove the gun. The officer ordered the three into the store. He removed Terry's overcoat, took out a revolver, and ordered the three to face the wall with their hands raised. He patted down the outer clothing of Chilton and Katz and seized a revolver from Chilton's outside overcoat pocket. He did not put his hands under the outer garments of Katz (since he discovered nothing in his pat-down which might have been a weapon), or under Terry's or Chilton's outer garments until he felt the guns. The three were taken to the police station. Terry and Chilton were subsequently charged with carrying concealed weapons.

The defense of the charged individuals moved to suppress the use of the seized weapons as evidence on grounds that the search and subsequent seizure were a violation of the Fourth Amendment to the United States Constitution. Though the trial court rejected the prosecution theory that the guns had been seized during a search incident to a lawful arrest, the court denied the motion to suppress and admitted the weapons into evidence on the ground that the officer had cause to believe that Terry and Chilton were acting suspiciously, that their interrogation was warranted, and that the officer for his own protection had the right to pat down their outer clothing having reasonable cause to believe that they might be armed. The trial court made a distinction between an investigatory "stop" and an arrest, and between a "frisk" of the outer clothing for weapons and a full-blown search for evidence of crime.

Terry and Chilton were found guilty, an intermediate appellate court affirmed the conviction, and the Ohio State Supreme Court dismissed the appeal on the ground that "no substantial constitutional question" was involved.
What is the significance of Lawrence v Texas?
DeCriminalization of consentual sexual conduct between homosexuals
What is the significance of Roe v Wade?
Legalization of early term abortion