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26 Cards in this Set
- Front
- Back
Fourth Amendment. If peace officers are not able to show_________ an arrest may be considered__________ and the evidence is_____________. |
Probable cause, invalid, excluded |
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Miranda decision relates to which amendment |
Fifth Amendment |
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Peace officers cannot interrogate once this is invoked |
6th amendment |
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A warrantless arrest must be supported by__________________ or it is a violation of the Fourth Amendment |
Probable cause |
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Conditions for warrantless misdemeanor arrest |
When there is probable cause to believe person arrested committed misdemeanor in their presence |
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The officers may make a warrantless arrest if there is probable cause even though a misdemeanor was not committed in the officer's presence in the following circumstances |
Committed by a juvenile ,driving under the influence , carrying and loaded firearms on a person or in a vehicle while in any public place or on any public Street , violating a domestic protective order restraining order when the officer was responding to a call alleging the same, |
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A warrantless misdemeanor arrest can be made if the person is not in their presence when.... |
Committing in assault or battery on a spouse , committing an assault or battery on school property while school is in session ,committing an assault or battery against a First Responders carrying concealed firearm at an airport |
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A warrantless felony arrest can be made when.... |
There is probable cause to believe the person has committed a felony are there any officers presence or not |
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Warrantless arrests for felonies may take place... |
Ant time of day or night |
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Warrantless arrest for misdemeanor or infraction must be made... |
Between 6 a.m. and 10 p.m. -----unless the person commit the crime in the officer's presence , is arrested in a public place , or is already in custody pursuant to another arrest |
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A Ramey warrant allows a peace officer to........ |
Obtain an arrest warrant before a criminal complaint has been filed |
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Knock and notice exceptions |
Hot Pursuit, an imminent threat to life, to property. of the suspect's Escape or destruction of evidence |
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C + I = miranda |
Custody plus interrogation. Both must exist before Miranda warning is necessary m |
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Custody defined as_______________ |
Actually placed under arrest. Subject to the kinds of restraints associated with formal arrest handcuffs guns Lockups excetera |
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Police officers enter a room with guns drawn must they give the Miranda warning? |
Yes because of the arrest like restraints |
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Suzanne is arrested and the officer said that was a cold thingyou did selling him that hot car |
This is interrogation because it is likely to elicit incriminating response |
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Statements Volunteered by a person and not as a direct result of interrogation are not affected by Miranda true or false |
True. Can Be consensual encounters, detention , arrest, booking process , Transportation , or after the person has invoked the Miranda Rights |
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Volunteer statements are admissable as evidence true or false |
True. like after a person ask for a lawyer he said I just want to say off the record I didn't mean to kill that dude |
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A waiver of Rights may be either Expressed, implied or conditional. Expressed--- |
Express---- answers yes or no question about going forward with questions. After giving advisement peace officer asks can we talk about what happened |
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Implied waiver Miranda Rights |
Acknowledgements understanding and when the peace officer asks questions the person answers |
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Conditional waiver of Miranda Rights |
AcKnowledge understanding but places a limitation on answers, ie some questions but not others |
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Once a person invokes the right to silence Miranda required all interrogations must cease, however when the circumstances change.. |
. A. Period Of time has gone by, AND we officers have new information and /or they want to ask about a different crime. |
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A right to have an attorney can only be invoked by_________ |
A clear and express request for an attorney |
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When a juvenile is taken into temporary custody does the Miranda warning have to be given |
Yes |
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Compliance with Miranda allows me to statements the person makes to be___________________ |
Admitted against him at trial to prove guilt without violating the first his Fifth Amendment right against self-incrimination |
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Miranda warning is required when |
An officer is about to interrogate a person in custody |