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Minnesota Post Prep 2024 Already
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Custody ✔✔Legal or physical control of a person or thing
Arraignment ✔✔The hearing before a court in which the identity of the defendant is established, the defendant is informed of the charge and of their rights, and the defendant enters a plea
Plea ✔✔A defendant's formal answer in court to the charge contained in a complaint or indictment
Nolo Contendere ✔✔A defendant's plea to a criminal charge in which the defendant states that they do not contest the charge, but neither admits guilt or claims innocence
In Loco Parentis ✔✔Having rights and responsibilities of a parent with respect to the care and supervision of a child
Guardian ad litem ✔✔A person appointed by the court to represent a minor
Intent (Mens Rea) ✔✔Either to cause a particular result or with knowledge that a particular result will occur
Motive ✔✔The cause that moves or stimulates a person to act
Circumstantial evidence ✔✔Evidence that does not directly prove a fact, but raises a strong inference or suggestion
Double Jeopardy ✔✔Prohibits the prosecution of a defendant for the same offense twice (5th amendment)
Entrapment ✔✔The act of a law enforcement officer in including a person to commit a crime that the person was not otherwise disposed to commit
Exigent Circumstances ✔✔A set of circumstances requiring immediate attention or swift action (Prevent imminent danger to life or damage to property)
Conviction ✔✔A judgement of a court, that the defendant is guilty of the offense
petty misdemeanor ✔✔an offense prohibited by statute which does not constitute a crime. Fine up to 300
misdemeanor ✔✔a crime punishable by imprisonment up to 90 days and/or a fine of 1000
Gross misdemeanor ✔✔a crime punishable by imprisonment up to one year and/or a fine up to 3000
Felony ✔✔a crime punishable by imprisonment for more than one year
Bodily harm ✔✔physical injury or pain.
Demonstrable bodily harm ✔✔visible cuts, scratches, and bruises
Substantial bodily harm ✔✔injury that involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily member or organ, or which causes a fracture of any bodily member
Great bodily harm ✔✔injury which creates a high probability of death or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily harm
Dangerous weapon ✔✔any firearm, whether loaded or unloaded, or any device designed as a weapon and capable of producing death or great bodily harm, any combustible or flammable liquid or other device or instrumentality that, in the manner it is used or intended to be used, is calculated or likely to produce death or great bodily harm, or any fire that is used to produce death or great bodily harm.
Probation ✔✔the conditional freedom without imprisonment granted as long as the person meets certain conditions of behavior
Parole ✔✔a condition of release entitling the person to serve the remainder of there sentence outside the prison if the person complies with certain terms and conditions
Forfeiture ✔✔an enforced and involuntary loss or deprivation of property, right, or position as a consequence of a violation of law or a failure to perform an obligation or condition
Flashover ✔✔the near simultaneous ignition of all combustible material in an enclosed area
substantive law ✔✔the law that creates, defines, and regulates rights and duties
procedural law ✔✔provides the method for enforcing rights, duties, and obligations created by substantive law
premeditation ✔✔to think of an act beforehand, to plot or plan
conviction ✔✔means any of the following accepted and recorded by the court (a plea of guilty or a verdict of guilty)
burglary tools ✔✔any device, explosive or other instrumentality that an individual possesses with the intent to use or permit the use of the same to commit burglary or theft
grand jury ✔✔a jury made up of 12-23 persons, that determine whether there is sufficient evidence to warrant issuing charges
trial jury ✔✔a jury made up of 12 (felony level) or 6 (gm or m) jurors that renders a verdict
Omnibus hearing ✔✔the court determines if pc exists to hold the defendant for trial and it hears any suppression motions
Speedy trial ✔✔the right of a defendant to have a prompt trial as guaranteed by the 6th amendment
court trial ✔✔trial by a judge, petty misdemeanor cases most often
voir dire hearing ✔✔questioning of prospective jurors
judge ✔✔an elected or appointed official with board authority granted by statute or constitution to hear and determine cases and to administer justice in a court of law
Prosecuting attorney ✔✔as attorney employed by a government agency to initiate and maintain criminal actions on behalf of the government against persons accused of committing crimes
slice the pie ✔✔a term used by LE officers to explain a slow searching technique when searching buildings' doorways for possible armed suspects (cutting the corner)
contact and cover ✔✔a term used by LE officers to explain their roles during an incident
code of hammurabi ✔✔2100 bc, hammurabi, king of Babylonia, developed a system of coded laws
praetorian guard ✔✔first police force developed by augustus caesar, body guards and firefighters
justinian code ✔✔527 ad first codification of law
England police force ✔✔1066 first police system, shire was a large group of citizens, police for the shire was the reeve, shire reeve turned into sheriff
frankpledge system ✔✔required that every male above the age of 12, form a group with nine of his neighbors called a tything that helped each other in need
London metropolitan police act of 1829 ✔✔established by sir robert peel, britain's home secretary, full time uniformed police force
Watch system ✔✔composed of community volunteers whose primary duty was to warn of impending danger. not very effective. 1636 first night watch for boston. 1658 for new york. 1700 for philadelphia. 1704 carolina colonies created "slave patrols" to enforce jim crow segregation laws
Modern police organizations ✔✔formed in response to civil disorder, similar to organized professional criminals, focus was to protect local politicians. 1838 boston. 1845 new york. 1851 chicago.
pendleton act ✔✔established a civil service commission, which required competitive exams for some federal jobs
lenox committee ✔✔formed to investigate police corruption in new york
reform era ✔✔1930-1960 august vollmer oakland chief launched the american police reform movement
Using force to arrest ✔✔An arrest is a seizure, the authority to arrest includes the authority to use objectively reasonable force to effect the arrest
Graham v. Connor (1989) ✔✔"an objective reasonableness standard should apply to a claim of excessive force in the course of making an arrest"
5 rules of engagement ✔✔1. self defense 2. defense of others 3. effect an arrest 4. prevent an escape 5. overcome resistance
Amendment 1 ✔✔Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
Amendment 2 ✔✔A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
Amendment 3 ✔✔No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
Amendment 4 ✔✔The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized
Amendment 5 ✔✔No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Amendment 6 ✔✔In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense
Four Formal Arrest Elements ✔✔1. A purpose or intention of a LE officer to effect an arrest 2. A LE officer acting under real or pretended authority 3. An actual or constructive seizure or detention of the person to be arrested by an officer having the present power to control the person 4. an understanding by the person to be arrested that it is the intention of the arresting officer then and there to arrest and detain them
Custodial arrest ✔✔An arrest in which the person arrested is taken into custody and not merely given a ticket, citation, or notice to appear. Whether or not an arrest is custodial is a determining factor in justifying a search incident to arrest.
Search incident to arrest ✔✔This type of search must be limited to the suspect's person and area within their immediate control. This area include the space where a suspect could lunge for a weapon. The officer may handcuff the suspect prior to the search. The officer may search other areas outside the suspect's control if 1. Others are present 2. Suspect requests to move to another area on the premesis
When can a formal arrest be made? ✔✔A LE officer must either have probable cause to believe that the person to be arrested is committing or has committed a felony or the person to be arrested must be committing a misdemeanor in the officer's presence. Officers should always try to inform the suspect that they are under arrest before conducting a search.
Arrest Warrant ✔✔A written order, based on probable cause and issued by a judge or magistrate, commanding that the person named on the warrant be arrested by the police.
When can felony or gross misdemeanor warrants be served? ✔✔Anytime, Anyday, anywhere
When can misdemeanor warrants be served ✔✔Can not be served on sundays, legal holidays, or between 10pm-8am unless night capped and/or the subject is found in a public place
When can a LE officer arrest on a misdemeanor? ✔✔When the crime has been committed in the officer's presence with a few crimes being the exception.
When can a LE officer arrest on a felony? ✔✔If the officer has probable cause that the suspect committed a felony.
Search ✔✔Can be defined as an examination or inspection of a location, vehicle, or person by a LE officer or other authorized for the purpose of locating objects relating to or believed to relate to criminal activities or wanted persons. Mere observation of objects lying open to view by a law enforcement officer who is in a position in which they have a legal right to be does not constitute a search.
may consent to search of employee's workspace, roommate may consent to shared areas of apartment or house
Who cannot give consent to search? ✔✔Landlords, employee for employer's premise
Can a LE officer use visual aid such as binoculars in a plain view situation? ✔✔Yes, so long as this does not unreasonably intrude on someone's reasonable expectation of privacy
Carroll Doctrine ✔✔The principle that an officer may search a vehicle or other mobile conveyance without a warrant if there is a probable cause to believe that the vehicle contains contraband or evidence of criminal activity
Under the carroll doctrine, what other vehicles can be included? ✔✔Tractors, motorcycles, motorhomes, snowmobiles, atv, boats, and airplanes
Where does a motor vehicle under the carroll doctrine has to be located? ✔✔Motor vehicle must be on the street, highway, or public place.
Miranda Warning ✔✔"You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?"
Stimulants ✔✔Cocaine, Ecstasy, Amphetamine, Meth
Depressants ✔✔Alcohol, Opiates, Cannabis
Narcotics ✔✔Opium, Heroin, Morphine, Oxycontin
Hallucinogens ✔✔LSD PCP
