IZD1901 > EXM2.red > Flashcards

EXM2.red Flashcards

(186 cards)

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1
Q

What are the (5) required contents of a “Search Warrant”

A

(1) Probable Cause
(2) Supported by Affidavit
(3) Name or Description of Person
(4) Particularly describing the property
(5) Place to be searched

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2
Q

Burden of Proof for a “Search Warrant:”

A

Probable Cause

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3
Q

Who may issue a search warrant?

A

Magistrate or District Court Judge

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4
Q

Who may serve or execute a search warrant?

A

Peace officer

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5
Q

When may a warrant be served?

A

Judge determines it

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6
Q

What (4) things may be seized with a warrant?

A

(1) Property or Intangible evidence of criminal offense
(2) Contraband - fruits of the crime or other things criminally posses
(3) weapons or clothing
(4) a person named in an arrest warrant (Steagal Warrant)

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7
Q

What force may be used to serve a warrant?

A

Breaking of inner or outer door or window if refused entry

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8
Q

How long does an officer have to serve a warrant

A

14 days

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9
Q

What (3) Items must be returned to the issuing court?

A

(1) A verified Return
(2) Inventory taken
(3) The search warrant itself

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10
Q

What is the scope of the search warrant?

A

The bigger the item the small the scope

The smaller the item the bigger the scope

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11
Q

The Warrant Requirement Clause

The search warrant application must include a sworn afEidavit containing a sufEicient link
between: (3)

A
  1. probable cause
  2. description of person or property to be seized
  3. description of the placed to be searched
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12
Q

Idaho - The (2) Clauses of the 4th Amendment

A

(1) The reasonableness Clause
(2) The warrant requirements Clause

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13
Q

An act committed or ommitted in violation of a law forbidding or commanding it.

A

Crime Defined

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14
Q

Misdemeanor Arrest Warrants can not be made at what time at the suspects house unless specifically mentioned on warrant by magistrate judge?

A

8PM - 8AM

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15
Q

When can Felony arrest warrants be served?

A

Any time and place

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16
Q

Who issues a Board Warrant?

A

Director of Corrections through Ada County Judge

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17
Q

Who can be arrested with a Board Warrant?

A

Inmates , Escapees or Parolees

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18
Q

Are Board Warrants Extraditable?

A

Yes

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19
Q

Where are Agents Warrants Valid?

A

Only in Idaho

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20
Q

Who issues an Agents Warrant?

A

Probation or Parole Officer

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21
Q

Who issues a Bench Warrant?

A

a Judge with PC

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22
Q

What Burden of Proof is need for a Bench Warrant?

A

Probable Cause

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23
Q

Where is a Bench Warrant Valid>?

A

Only in Idaho

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24
Q

Why is a Bench Warrant different from an Arrest warrant?

A

A violation of some kind of court order (Child support / failure to appear) not a crime violation

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25
More than a mere hunch, speculation or guess
Reasonable Suspicion
26
A strong suspicion based on “Articulable” facts or circumstances that a crime has been, is being or is about to be committed.
Reasonable Suspicion
27
Possession of information that would lead a person of ordinary care and prudence to believe or entertain an honest and strong presumption a crime has been, is being or is about to be committed
Probable Cause
28
More likely than not the evidence is true and/or defendant is responsible.
The Preponderance of Evidence
29
"50 and a feather” - Translates to ?
The Preponderance of Evidence
30
highly and Substantively more likely to be true than untrue
Clear and Convincing
31
It has a “High Probability” a particular fact is true or untrue
Clear and Convincing
32
when “the facts & circumstances within their knowledge, and of which they have trustworthy information are sufficient to warrant a prudent [person] in believing that the suspect had committed or was committing an offense.”
probable cause to arrest
33
must be able to articulate more than an“inchoate and unparticularized suspicion” or hunch of criminal activity. It is less than “probable cause” but more than a mere hunch, or no evidence at all.
Reasonable Suspicion
34
It is NOT a hunch, speculation or guess
Reasonable Articulable Suspicion
35
When Miranda applies the State must establish by a _____________ ___ ____ ____________ that there was a voluntary, knowing and intelligent waive
preponderance of the evidence
36
In certain situations a heightened standard of proof
Clear and Convincing
37
Situations when “Clear and Convincing” is the standard of proof (3)
(1) Termination of Parental Rights (2) Involuntary Commitment, Involuntary Medical Treatment (3) Ignition Interlock Requirement
38
requires the plaintiff to prove that a particular fact is substantially more likely than not to be true
Clear and Convincing
39
high probability that a particular fact is true
Clear and Convincing
40
This burden is a higher threshold than the preponderance of the evidence standard
Clear and Convincing
41
the highest standard of proof
Beyond a Reasonable Doubt
42
(8) Factors Supporting Armed and Dangerous
(1) - Printing (2) - At Night (3) - High Crime Area (4) - Threatening Movements (5) - Appearing Agitated / Nervous (6) - Under the Influence of Drugs / Alcohol (7) - Uncooperative/ Fleeing (8) - Reputation of Being Dangerous PA HCA TM AN UIDA UF RBD
43
Miranda -How is Miranda & 5th Amendment tied to the (4) Encounters
(1) - Voluntary / Consensual = NO Miranda (2) - Temporary Detention = NO Miranda (3) - Custody = Miranda Required (4) - Arrest = Miranda Required
44
Miranda -The (4) Miranda Warnings
(1) - Right to remain SILENT (2) - Anything you may be used against you in COURT of law (3) - You have a right to an ATTORNEY (4) - If you cannot AFFORD an Attorney one will be appointed to you free of charge
45
Miranda -During the issuance of Miranda Rights it is highly recommended that you?
READ them from a card and RECORD it
46
Miranda -The (3) things that determine the applicability of the 5th Amendment
(1) - Custodial -- Custody (2) - Interrogation — Incriminating Questions (3) - Government Actor OIC
47
Miranda - Because of the “inherently compelling questions” such as situation entails, a suspect must be advised of their right to remain silent and to the presence of counsel ____ _______________ if their answers are to be admissible against him at subsequent trial.
IN ADVANCE
48
Miranda - Everyone in Miranda _______ who is about to be ____________ by an _____________ is entitled to Miranda Advisements, regardless of their experience or profession.
CUSTODY who is about to be INTERROGATED by an OFFICER
49
Miranda - It is important that both _______ and __________ must co-exist at the same time before Miranda Advisements are required.
CUSTODY and INTERROGATION
50
Miranda - The combination of “Custody” and “Interrogation” that creates “ _____________ _________ _______________" are meant to alleviate. This means niether the 5th Amendment “right to remain silent” nor the “right to counsel” can be asserted “_______________."
INHERENTLY COMPELLING PRESSURES ANTICIPATORY
51
Miranda - “Custody” exists for Miranda purposes when (2) two requirements are met
(1) - The suspect MUST have been formally ARRESTED or had their freedom RESTRAINED to a degree associated with a formal arrest and (2) - The suspect must PERSONALLY be aware of his lack of freedom or reasonably believe it exists.
52
Miranda - What are the (11) common factors Idaho Courts have considered when defining a “Police Dominated Atmosphere"
(1) - The DEGREE of RESTRAINT on the persons freedom of movement (2) - The use of HANDCUFFS (3) - Does the person know the DETENTION is TEMPORARY (4) - The LOCATION and VISIBILITY of INTERROGATION (5) - OTHERS PRESENT (6) - NUMBER OF QUESTIONS asked (7) - DURATION of INTERROGATION (8) - NUMBER of OFFICERS present (9) - NUMBER of OFFICERS involved in INTERROGATION (10) - The CONDUCT of the officers (Helping, Watching, how far) (11) - The NATURE and MANNER of questioning
53
Miranda - “Interrogation” exists for Miranda purposes when any ________ or express ______________ about the crime being investigated or the ________________ __________________ of direct questioning, accomplished through words or actions that are reasonable LIKELY to ___________ an incriminating response.
DIRECT or express QUESTIONING FUNCTIONAL EQUIVALENT ELICIT
54
Miranda - What does the “Functional Equivalent” of interrogation mean?
Any words or actions on the part of the police (other than those normally attendant to arrest and custody) that police should know are reasonably likely to elicit an incriminating response
55
Miranda - Any words or actions on the part of the police (other than those normally attendant to arrest and custody) that police should know are reasonably likely to elicit an incriminating response - means?
The “Functional Equivalent” of Interrogation
56
Miranda - True / False - A suspect make invoke their Miranda rights and need not use any particular word or phrase to do so.
True
57
Miranda - No waiver can be valid unless the suspect first _____________ the Miranda advisements.
UNDERSTANDS
58
Miranda - Once a suspect has been given their Miranda Advisements and understands them, they must then ____________ either right or both rights or ________________ them.
INVOKE either right or both rights or WAIVE them
59
Miranda - An “Express Waiver” means you actually ______ the suspect if they are willing to go forward and answer your questions and they expressly give an affirmative response.
ASK
60
Miranda - a valid “Miranda Waiver” occurs when the suspect (3)
(1) - Is given the 4 Miranda Advisement (2) - Understands them (3) - Indicates through actions / conduct that they intend to waive them
61
Miranda - Voluntary means the waiver was _________ given, not forced or ___________.
FREELY given, not forced or COERCED
62
Miranda - Knowing and Intelligent means the suspect was fully ________ and _________ what they were doing
fully AWARE and UNDERSTOOD what they were doing
63
Miranda - What are (3) common factors courts consider when Miranda Advisements are issued?
(1) Experience & Background of Suspect (2) Language Barriers (3) Physical Condition of Suspect
64
Miranda - True / False - A suspect may invoke their right to silence or their 5th Amendment right to counsel at any time before or during an interview.
True
65
Miranda - Once they invoke _________ of these rights (Silence/counsel), the invocation must be “scrupulously honored”, meaning that “the interrogation must cease."
EITHER
66
Miranda - Even if a suspect waives their rights, they can revoke this waiver at any time by ___________ asserting their right to silence or counsel.
Unambiguously
67
Miranda - True / False - A suspect can waive rights, then revoke the waiver at any time.
True
68
Miranda - Miranda rights are __________ to the suspect and may not be vicariously asserted or invoked by _________ other than the suspect, such as an ____________.
PERSONAL ANYONE ATTORNEY
69
Miranda - The invocation (right to silence) must be ________________ and ____________, and the suspect who stands mute has NOT done enough to put police on notice that they are relying on their 5th Amendment privilege.
UNAMBIGUOUS and UNEQUIVOCAL
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Miranda - A suspects invocation of their Miranda right to counsel must also be ____________ , ____________ and clear.
Unambiguous, Unequivocal and clear
71
Miranda - True / False - If a suspect’s request or comment is unclear, and you, acting in good faith, are not able to decide whether the suspect is invoking his rights, you are entitled to ask additional questions to find out – to “clarify” the situation.
True
72
Miranda - The suspect can reinitiate contact after asserting Miranda rights if what conditions are met (3)
(1) - Suspect clearly initiates subsequent contact demonstrating adesire to speak with police; (2) - A fresh set of Miranda warnings are given; and (3) - A clear, unequivocal, knowing and voluntary waiver of the 5th Amendment right to counsel is obtained.
73
Miranda - True / False - A minor can validly waive his Miranda rights without his parents or other adult being present or consulted
True
74
Miranda - True / False - Miranda rights remain personal to the juvenile suspect and may not be vicariously asserted or invoked by an attorney
True However - parents may invoke right to counsel on behalf of minor
75
Miranda - The 6th Amendment right to counsel attaches when (2)
(1) - When a criminal compliant has been filed or (2) - When the defendant is indicted by a grand jury
76
Miranda - The basic rule of the 6th Amendment is absolute: Once the right to counsel is attached, the government cannot ____________ ___________ a statement from the defendant regarding the charged crime without either a waiver or the presence of counsel.
DELIBERATELY ELICIT
77
Search & Seizure - What (3) concepts did the US Constitution take from the Magna Carta?
(1) - Due Process Concept (2) - Jury System - Jury comprised of your peers (3) - Supreme Courts ability to nullify Laws
78
Search & Seizure - Courts must apply a federal ___________ standard in the area of search and seizure unless the state standard provides ____________ protection from governmental intrusion.
Constitutional standard Great protection
79
Search & Seizure - ____________ v. ____in 1914 marked the creation of the ____________ rule which orginally stated that evidence obtained in violation of the 4th amendments protection against unreasonable search and seizure could not be used against a person in federal court.
Weeks v. US (1914) = Exclusionary Rule
80
Search & Seizure - what case in 1960 held that the “Silver Platter Doctrine” was a violation of rights granted by the constitution?
Elkins v. U.S. (1960) Paved the way for Mapp v. Ohio in 1961
81
Search & Seizure - What case in 1969 created the “Search Incident to a Lawful Arrest Exception”?
Chimel v. California (1969)
82
Search & Seizure - What case took the "Exclusionary Rule" from a federal level and extended it to the states?
Mapp v. Ohio (1961) Also extended the Fruit of the Poisonous Tree Doctrine to states too
83
Search & Seizure - What are the (6) Factors Indicating a Seizure has occured
(1) - Use of Emergency LIGHTS (2) - Use or display of WEAPONS (3) - Physical TOUCHING by Officer (4) - NUMBER of officers present (5) - Verbal / Non-VERBAL language (Commands?) (6) - BLOCKING of exits and/or Pathways
84
Search & Seizure - Searching is __________ and Seizure is _________
Searching = LOOKING Seizure = TAKING
85
Search & Seizure - True / False - A warrantless search or seizure is not subject to Fourth Amendment scrutiny if the defendant does not have a reasonable expectation of privacy in the area searched or seized. Therefore, such searches and seizures are excluded from the warrant requirement.
True
86
Search & Seizure - What Criteria (2) must be met to grant 4th Amendment protections for searches and seizures
(1) The person must hold an actual, subjective expectation of privacy AND (2) Society must be prepared to recognize the expectation as objectively reasonable
87
Search & Seizure - the “area immediately surrounding and associated with a residence in which a person has a reasonable expectation of privacy.”
Curtilage
88
Search & Seizure - There is an __________ ______________ for the public to use access routes to the house, such as parking areas, driveways, sidewalks, or pathways to the entry, and there can be no reasonable expectation of privacy as to observations that can be made from such areas
implied invitation
89
Search & Seizure - Generally both the driver and the passenger have standing to contest the reasonableness of an investigatory stop. However the passenger does not have standing to contest a search of the vehicle unless (2)
(1) The passenger demonstrates a proprietary interest in the vehicle giving rise to a reasonable expectation of privacy in the area searched OR (2) The vehicle search is the result of a valid stop that ripens into unlawful detention of the driver and passenger
90
Search & Seizure - True / False - a driver who unlawfully possesses a vehicle may not have standing to contest a search of the vehicle.
True State v. Bottleson (1981)
91
Search & Seizure - True / False - An invited overnight guest in a third-party residence has a reasonable expectation of privacy in the home. Therefore, the third party has standing to challenge a search of the home.
True
92
Search & Seizure - True / False - a casual visitor in a third-party residence, who is not an overnight guest, and who has no ownership or possessory interest in the home, does have a reasonable expectation of privacy in the home.
False
93
Search & Seizure - An officer may, at time of a lawful custodial arrest, search the ____________ and the area ___________ _____________ ______________ control, including opening closed _____________.
search the ARRESTEE and the area WITHIN ARRESTEE’S IMMEDIATE control Including opening CLOSED CONTAINERS. Search Incident to Lawful Arrest - Chimel v. California (1969)
94
Search & Seizure - The scope of the search is often referred to as the __________ ____________. It is defined as the area from which a suspect could ___________ to __________ a ____________ or ___________ ____________.
LUNGE AREA REACH to GRAND a WEAPON or DESTROY EVIDENCE
95
Search & Seizure - The search and arrest must be contemporaneous, which means _______ _________.
SAME TIME
96
Search & Seizure - The search may precede the arrest, so long as it is simultaneous to the arrest and the arrest is not a product of the search. Case law?
Rawlings v. Kentucky (1980)
97
Search & Seizure - Factors to consider to determine the radius of area within arrestee’s immediate control (5)
(1) - The proximity of the arrestee to the place searched (2) - Whether the arrestee was physically restrained (3) Number of companions with arrestee compared to the number of officers present (4) Whether the position of officers block defendants access to the place searched (5) The arrestee’s ease of access to the area searched
98
Search & Seizure - True / False - Police may search the passenger compartment of a vehicle, including any open or closed containers located therein, incident to a recent occupant’s arrest, only if the arrestee is within reaching distance of the passenger compartment at the time of the search or it is reasonable to believe the vehicle contains evidence of the offense of arrest. Case law?
True Arizona v. Gant (2009)
99
Search & Seizure - Officer safety and prevention of the destruction of evidence are still relevant considerations per _________ v. ____________, but the Court in _____________ v. _________ makes clear that searching a vehicle incident to the arrest of occupants is now governed by a two-part rule.
Chimel v. California (1969) Arizona v. Gant (2009)
100
Search & Seizure - A warrantless search of a vehicle incident to arrest of an occupant is only allowed where (2)
(1) - The arrestee is within reaching distance of the vehicle during the search OR (2) It is reasonable to believe that the vehicle contains evidence relevant to the crime of arrest
101
Search & Seizure - True / False - Gant does allow for the search of an automobile incident to the arrest of an occupant if the search takes place while the arrestee is within reaching distance of the vehicle
True - in theory
102
Search & Seizure - True / False - An officer can search the “Trunk” of a vehicle
False
103
Search & Seizure - When can an officer search the trunk of a vehicle (3)
(1) - When the interior of the trunk is within the arrestee’s immediate control on Lunge Area during the search (2) - When the arrestee is loading the trunk at time of arrest (3) - while lawfully searching the passenger compartment incident to arrest, an ofbicer may develop probable cause that evidence or contraband is located inside the vehicle trunk.
104
Search & Seizure - The _______ Rule requires only reasonable suspicion that evidence of the crime for which the occupant is being arrested will be found in the car
Gant
105
Search & Seizure - When may an Officer conduct a warrantless search of a vehicle (2)
(1) - When the officer has PROBABLE CAUSE to believe that the automobile contains contraband or evidence of a crime AND (2) - The automobile is READILY mobile
106
Search & Seizure - What must the officer have during a traffic stop to search the vehicle without a warrant?
Probable Cause State v. Ramirez (1991)
107
Search & Seizure - True / False - An officer must have Probable Cause to search a vehicle before any container is removed from the vehicle.
True
108
Search & Seizure - True / False - if the traffic stop is objectively reasonable, then the officer’s subjective motive for making the stop (to search for drugs) is not relevant.
True
109
Search & Seizure - What does “Readily Mobile” mean (2)
(1) - Currently being used on the highways OR (2) - Readily capable of use on the highways and found stationary in a place not regularly used for residential purposes
110
Search & Seizures - True / False - The automobile exception extends to the occupants’ belongings it does not authorize body searches of the occupants’ person
True
111
Search & Seizures - True / False - The automobile exception authorizes body searches of the occupants’ person
False
112
Search & Seizure - True / False - If probable cause justifies the search of a lawfully stopped vehicle, it justifies the search of every part of the vehicle and its contents that may conceal the object of the search
True
113
Search & Seizure - True / False - At Walmart, loss prevention tells you a woman who got into a green mini cooper stole a dozen pink shirts. When you talk to the woman in her car you see a bunch of pink shirts in the back seat. now that you see that you CAN search the trunk.
False
114
Search & Seizures - Consent to search must be given _______ & ______________ and the consenting party must have proper ________ over the area searched.
FREELY & VOLUNTARILY Proper AUTHORITY
115
Search & Seizures - Consent may be manifested by (3) things
(1) - Words (2) - Gestures (3) - Conduct
116
Search & Seizures - Who has the burden to prove the consent was not a product of direct or implied coercion? And what is the Burden of Proof for that?
The State has the Burden of Proof The Burden of Proof = A Preponderance of the Evidence
117
Search & Seizure - Is an officer required to advise an individual of his right to refuse consent of a search when asked?
No
118
Search & Seizure - Consent to search can be ___________ or __________ by the person giving the consent.
Consent to search can be LIMITED or REVOKED
119
Search & Seizure - The consenting party must have __________ or ___________ authority over the property to be searched.
ACTUAL or APPARENT
120
Search & Seizure - Can a landlord give consent for an officer to search a tenants residence?
No
121
Search & Seizure - The stop and detention of a suspect is justified if the officer has ____________ _____________ based on specific and articulable facts, that the suspect has been, is, or is about to be engaged in criminal activity.
Reasonable Suspicion
122
Search & Seizure - When can an officer conduct a “Vehicle Frisk” (3)
(1) - The suspect is detained pursuant to a lawful stop (2) - The officer reasonable believes that the suspect is armed and poses a danger to them or others (3) - The officer reasonable believes the suspect may gain immediate control of weapons located inside the vehicle
123
Search & Seizure - What is the "Buie Protective Sweep Doctrine” and does it apply in Idaho?
Buie Doctrine allows the a sweep to ensure officer safety during in home arrests It applies in Idaho
124
Search & Seizure - What (2) types of protective searches have been authorized during the execution of an arrest warrant by the supreme court?
(1) - A limited sweep of the area immediately adjoing the place of arrest from which an attack could be launched AND (2) - A more extensive sweep based on reasonable suspicion that areas beyond the place of arrest harbor dangerous persons
125
Search & Seizures - What is the criteria for “Plain View” doctrine that allows officers to seize contraband or evidence without a warrant (3)
(1) - The officer has lawful access to the location where the object is seen (2) - The officer has right of access to the object itself (3) - Incriminating character of the object is immediately apprentice (Require PC to believe the object is evidence of criminal activity)
126
Search & Seizure - The _________ view doctrine is technically not a search
Open View Doctrine
127
Search & Seizure - What is the Clarke Rule?
Prohibits warrantless arrests for misdemeanor offenses not completed within an officers presence. This decision clarified that such arrests violate the state’s constitutional protections against unreasonable searches and seizures, and evidence obtained from them may be suppressed as "fruit of the poisonous tree.” State v. Clarke (2019)
128
Search & Seizures - What is the difference between “Plain View Doctrine” and “Open View Doctrine"
plain view cases the officer must demonstrate the initial search was lawful open view cases are those where an officer is not engaged in a search or a seizure in a constitutionally protected area, therefore there is no need to provide a Fourth Amendment justification for what the officer is doing
129
Search & Seizure - Open / Plain View Doctrine - Yogi stands on a public street smoking crack and is observed by an officer in a passing patrol car.
Open View
130
Search & Seizure - Open / Plain View Doctrine - officer was in Yogi’s home rummaging through his underwear drawer and came upon the crack cocaine
Plain View
131
Search & Seizure - must be in a lawful position to feel the item and its incriminating character must be readily apparent.
Plain Feel
132
Search & Seizure - when there is “a compelling need for immediate official action and no time to secure a warrant.”
Exigent Circumstances
133
Search & Seizures - Entries into a home without a search warrant or consent are permissible under the following exigent circumstances (5)
(1) - Hot pursuit of a person fleeing scene of a felony; (2) - When a lawful arrest for a felony is initiated in a public place and the suspect flees into a residence to avoid the arrest; (3) - Hot pursuit of a misdemeanant if the circumstances show possible escape, destruction of evidence, imminent harm to others or the officer; (4) - Immediate danger to persons or property; and (5) - Imminent destruction of evidence (jail able offense).
134
Search & Seizures - What are (3) case laws from Idaho to consider when Exigent Circumstances exist
(1) - Stave v. Campbell - The Idaho courts have recognized the need to enter a residence to prevent injury and protect life. (2) - State v. Sailas - Warrantless entry of residence justified by the need to arrest an armed robber and prevent violence or escape. (3) - State v. Rusho - A warrantless entry to apprehend a home intruder was unlawful where the officer did not have probable cause to believe the intruder existed and imminent danger to persons had dissipated.
135
Search & Seizure - True / False - A warrantless search to preserve evidence is justified if the officer has probable cause to believe evidence is located in the place to be searched and reasonably believes destruction of the evidence is imminent.
True Does not apply to “Relatively Minor” offenses where crimes are not “Jail-able"
136
Searches & Seizure - it includes investigations to determine if a citizen needs vehicle assistance or medical assistance due to injury or illness.
Community Care Taking Must be DIVORCED from criminal realm
137
Idaho Laws of Arrest - What are the (3) types of Officer/Citizen Encounters and their Burden of Proof
(1) - Voluntary / Consensual = No BOP & No 4th Amendment (2) - Temporary Detention = Reasonable Suspicion BOP (3) - Arrest = Probable Cause BOP
138
Idaho Criminal Code - An “Investigatory Stop” is also know as?
Terry Stop
139
Idaho Criminal Code - A “Traffic Stop” is?
A 4th Amendment SEIZURE where an officer by means of physical force or other show of authority restrains the liberty of an idivdual or the individual submits to law enforcement authority. The required burden of proof is Reasonable Suspicion
140
Idaho Criminal Code - What is the Burden of Proof required for a traffic stop?
Reasonable Suspicion
141
Idaho Criminal Code - where an officer communicates intent to take an individual into custody and physically restrains him or he submits to law enforcement authority and a reasonable person would believe he is subject to more than an investigatory detention - means?
Arrest
142
Idaho Criminal Code - What is the Burden of Proof for an “Arrest”?
Probable Cause
143
Idaho Criminal Code - a seizure of an individual that exceeds the bounds of an investigative detention because: the duration of the stop was longer than reasonably necessary to accomplish the purpose of the stop - means?
De-Facto-Arrest
144
Idaho Criminal Code - a seizure of an individual that exceeds the bounds of an investigative detention because the intensity or intrusiveness of the way the stop was conducted was greater than reasonably necessary to accomplish the purpose of the stop
De-Facto-Arrest
145
Idaho Criminal Code - True / False - when a valid arrest is made, it triggers the search incident to arrest exception to the warrant requirement
True
146
Idaho Criminal Code - (2) two types of seizures of criminal suspects under the Fourth Amendment
(1) - Stops (2) - Arrests
147
Idaho Criminal Code - a brief detention of a person suspected of criminal activity - defines what?
a Stop
148
Idaho Criminal Code - any detention exceeding the scope of a permissible stop - defines what?
Arrest
149
Idaho Criminal Code - At common law, the required elements for arrest were (2)
(1) Custody of the suspect by a police officer (2) Intent by the officer to obtian that custody
150
Idaho Criminal Code - “Bedrock Guarantee" of an Arrest
that the arrest must be based on probable cause to believe the suspect has committed a crime
151
Idaho Criminal Code - To be lawful an arrest must be?
Reasonable under the circumstances
152
Idaho Criminal Code - The standard for determining whether a person is under arrest is...
whether a reasonable (i.e., innocent) person would believe he is being subjected to more than a temporary detention
153
Idaho Criminal Code - A warrantless arrest is reasonable if….
The officer has probable cause to believe the suspect committed a crime in the officer’s presence
154
Idaho Criminal Code - I.C. 19-510 / 19-5101(d)
Definition of an officer
155
Idaho Criminal Code - I.C. 19-601
Definition of “Arrest"
156
Idaho Criminal Code - An arrest is _________ a person into ___________ in a case and in the __________ authorized by law.
TAKING a person into CUSTODY in a case and in the MANNER authorized by law
157
Idaho Criminal Code - I.C. 19-602
Definition of “Manner” of arrest
158
Idaho Criminal Code - The “manner” of arrest is - actual ___________ or by ___________
actual RESTRAINT or by SUBMISSION
159
Idaho Criminal Code - I.C. 19-603
circumstances when an officer MAY MAKE an arrest
160
Idaho Criminal Code - Under I.C. 19-603 it covers the circumstances when an officer may make an arrest (6)
(1) - Warrant w/ PC (2) - Public Offenses committed in presence (3) - Felony committed NOT in presence (4) - Felony committed & Officer has RS to believe suspect committed it (5) Charge made on reasonable cause (6) At night reasonable cause to believe person committed a felony
161
Idaho Criminal Code - I.C. 19-604
When a PRIVATE CITIZEN may arrest
162
Idaho Criminal Code - The (3) Circumstances when a private citizen may make an arrest
(1) - Public Offense committed or attemptd in their presence (2) - Felony committed NOT in presence (3) - Felony committed and Reasonable Cause person committed it
163
Idaho Criminal Code - I.C. 19-614
Duty of a private citizen making arrest to deliver to magistrate or peace officer
164
Idaho Criminal Code - I.C. 19-610
Force to be used during arrest
165
Idaho Criminal Code - I.C. 19-608
Information to be given to person arrested “The person making the arrest must inform the person to be arrested of the intention to arrest him, of the cause of the arrest, and the authority to make it, except when the person to be arrested is actually engaged in the commission of, or an attempt to commit, an offense, or is pursued immediately after its commission, or after an escape.”
166
Idaho Criminal Code - Statute of Limitations (1) Misdemeanor (2) Felony
(1) - 1 year after commission (2) - 5 years after commission
167
Idaho Criminal Code - Criminal Offenses with NO Statute of Limitations (5)
(1) - Murder (2) - Voluntary Manslaughter (3) - Certain types of Rape (4) Sex Abuse / Lewd Conduct w. Minor (5) Acts of Terrorrism
168
Idaho Criminal Code - “Arrest Warrant” who issues it?
Judge (Magistrate or District)
169
Idaho Criminal Code - “Arrest Warrant” Burden of Proof?
PC
170
Idaho Criminal Code - “Arrest Warrant” where is it valid?
Where ever stated on the warrant Can be Extraditable
171
Idaho Criminal Code - “Bench Warrant” who issues it?
Judge
172
Idaho Criminal Code - “Bench Warrant” - what is the Burden of Proof?
PC
173
Idaho Criminal Code - “Bench Warrant” why is it different from an “Arrest Warrant”?
It is a violation of a court order such as failure to appear, contempt of court, violation of court rule or violation of subpoena
174
Idaho Criminal Code - “Bench Warrant” where is it valid?
Only in Idaho
175
Idaho Criminal Code - “Agents Warrant” who issues it?
Probation or Parole officer
176
Idaho Criminal Code - “Agent Warrant” who can be arrested with it?
Probationer, parolee, drug or mental health court
177
Idaho Criminal Code - “Agents Warrant” where is it valid?
Only in Idaho
178
Idaho Criminal Code - “Board Warrant” who issues it?
Director of Correction through Ada county Judge
179
Idaho Criminal Code - “Board Warrant” who can be arrested with it?
Inmate, escapee or parolee
180
Idaho Criminal Code - “Board Warrant” where is it valid?
Where ever stated on warrant - can be Extraditable
181
Idaho Criminal Code - Felony Arrest Warrant - If the offense charged is a Felony, the arrest may be made on _______ Day, and _____ time of the _____ or _____.
Any DAY Any TIME Day or Night
182
Idaho Criminal Code - time and locations a misdemeanor arrest warrant can be made?
NOT between 8PM - 8AM inside persons residence UNLESS judge endorses as DAY or NIGHT OR consent to enter was given by actual or apparent authority
183
Idaho Criminal Code - What are the consequences an officer might face when making a false arrest (5)
(1) - Effect on Criminal Prosecution (2) - Criminal liability (Misdemeanors) (3) Civil Liability (4) Department Discipline (5) 42 USC 1983
184
Idaho Criminal Code - Seizing evidence from subject’s body you usually need?
Consent or a warrant
185
Idaho Criminal Code - (3) Rights under 5th Amendment and (1) right under 8th Amendment
(1) - Silence (2) - Attorney (3) - Counsel (1) Bail
186
IZD1901
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