Exam (elaborations)
GPSTC Class 290 Exam 3 (1)
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GPSTC Class 290 Exam 3 (1)
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Mapp v. Ohio - ✅✅ -A landmark case in the area of U.S. criminal procedure, inwhich the United States Supreme Court decided that evidence obtained in violation
of the Fourth Amendment protection against "unreasonable searches and seizures"
may not be used in criminal prosecutions in state courts, as well as federal courts.
Terry v. Ohio -✅✅ -A policeman had been undercover observing Terry and three
other men who were suspected of carrying concealed weapons. Terry was arrested.
Terry presented a threat to the police. Result: The search and seizure was perfectly
legal because the policeman had more than a hunch. The search was limited and
the purpose was for the officer's safety in the investigation. - Terry pat down. - not
protected by the 14th A.
Under a warrant, how long to bring someone before judicial officer? - ✅✅-72 hrs
Without warrant, how long to bring someone before judicial officer? - ✅✅-48 hrs
Judges that may issue warrant: - ✅✅-City, State, Superior, Magistrate
Warrant must be issued on... - ✅✅-probable cause
Warrant application hearing - ✅✅-Called when a non-leo or judge makes a warrant
A private person may arrest an offender when... - ✅✅-the offense is committed in
his presence or within his immediate knowledge
✅✅
If offenses is a felony and the offender is attempting to escape, a private citizen may
arrest him based on... - -A reasonable ground for suspicion
Immunity from arrest - ✅✅-Legislators are privileged from arrest while Congress is
"in session" with respect to offenses punishable by up to 6 years of imprisonment.
Thus, whether Congress is in regular or special session, the immunity from arrest
applies.
✅✅
Privilege of Militia - -May immune from arrest during and coming from parades
meetings, encampments and election of officers except in cases of felony, treason or
breach of the peace.
Diplomatic Immunity - ✅✅ -Practice in international law under which ambassadors
and other diplomatic officials have special privileges and are not subject to the laws
of the state to which they are accredited.
✅✅
The right of an officer to search is not limited to where weapons and evidence are... -
-"likely" to be found
, Chimel v. California -✅✅ -Established that when arresting a suspect, the officer
may only search what is the immediate control of the victim (without a search
warrant).
When a person is arrested, an officer may search.. - ✅✅ -the person and the
immediate area of the individual to prevent attack, escape, obtaining fruits of the
crime, destroying evidence
Lunge area - ✅✅ -the area in which an arrestee might reach to grab a weapon or
destroy evidence
Once property has been filed, officers need a _____ to search again - ✅✅-warrant
Arizona v. Gant - ✅✅ -The area of immediate control is subject to circumstance, so
that if the arrestee has been arrested and in custody, the warrantless search of a
vehicle is no longer valid as the arrestee cannot access the area.
Two reason for search (chimel) - ✅✅-Discover weapons, prevention of destructing
of evidence
Thornton v U.S. - ✅✅ -Recent occupancy of vehicle is valid for a search if there is
probable cause to believe evidence of a crime exists (Thornton having drugs on his
person warrants a search of his vehicle).
Protective sweep - ✅✅ -A reasonable examination may be made of the general
area for persons who persons who present a danger to those conducting an
apprehension of others in area
Maryland v. Buie - ✅✅ -officers may search the suspect and the adjoining space
region incident to a lawful arrest; if there is reasonable suspicion to believe that there
is hidden danger present, officers may conduct a protective sweep of the area, but it
is only to be a cursory search for people and may last no longer than what is
reasonable
✅✅
The area within the immediate control of the arrestee is defined as the area.. -
-.at the time of arrest, not time of the search
STOP - ✅✅-temporary investigative detention of an individual short of an arrest
FRISK - ✅✅-the pat down of an individual's outer clothing to determine if they have
a weapon
Stop and Frisk needs ______ to happen - ✅✅-Articulable Reasonable Suspicion
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