Understanding Search Warrants and Court Jurisdictions in the United States, Exams of Production and Operations Management

Download Understanding Search Warrants and Court Jurisdictions in the United States and more Exams Production and Operations Management in PDF only on Docsity! SFO Test 1 Study Guide solved 144 questions and answers exam Probable Cause - Sufficient reason based upon known facts to believe a crime has been committed or that certain property is connected with a crime Reasonable Suspicion - That level of suspicion that would cause a reasonable person, under the circumstances to believe that criminal activity has occurred or is occurring Voluntary Encounters - Level 1 encounter. Can not make demands and must be free/voluntary. Knock and talks, talking to anyone on the street voluntarily. When can an officer search for weapons? - When they can articulate suspicion that the person has weapons and poses a threat to the officer or others. Detention or Stop - A peace officer may stop any individual in a public place when the officer has a reasonable suspicion to believe the individual has committed or is in the act of committing or is attempting to commit a public offense and may demand the individual's name, address, date of birth, and an explanation of the individual's actions. Terry Stop - Allows the police to briefly detain a person based on reasonable suspicion of involvement in criminal activity. Reasonable suspicion is a lower standard than the probable cause which is needed for an arrest. When police stop and search a pedestrian, this is commonly known as a stop and frisk. Demands during detainment - Name Address DOB Explanation for conduct Time limits for detainment - A reasonable amount of time Depends on the complexity and the seriousness of the crime Frisk - Outer patdown of clothing What is the purpose of a frisk? - Officer Safety When can an officer search for a weapon? - When the officer reasonably believes he or any other person is in danger. Consent search - A search based upon reasonable suspicion. Consent must be given by the person who has legal authority of what may be. Incidental to arrest - Search is strictly justified by the circumstances for which the arrest was made. Search may be made of the person and the area in which the person was. Search warrant - Judicial document authorizing police to search a person or place to obtain evidence. Affidavit is submitted to a judge or magistrate to establish probable cause that the search will yield evidence related to a crime Plain view - A search may be made if evidence of criminal activity can be seen without entry or search ex: Smell Hear Sight Feel Taste Exigent circumstances - Also known as emergency conditions are circumstances that would cause a reasonable officer to believe entry or search was necessary to prevent physical harm to officers or others or; The destruction of relevant evidence or the escape of a suspect would occur if the search or entry was not made The justice court judge may issue: Search Warrants and Arrest Warrants Who can give consent for search? - Anyone with a reasonable expectation of privacy in the place or thing being searched. Juvenille Court - Juvenile courts generally have the same geographic jurisdiction as a District Court, but have a different subject matter jurisdiction Juvenile Courts have jurisdiction over minors who commit violations of the law and are under 18 years of age Exceptions: Minors 16 or over who commit murder or aggravated murder, Minor over 16 who was previously sent to secure confinement, Minor who has been certified to answer charges as an adult District Court - This is the court of general jurisdiction in Utah Jurisdiction over all matters, both civil and criminal, not specifically excluded Hears appeals from justice courts or administrative hearings Hear cases that are within their jurisdictional boundaries Have concurrent jurisdiction with juvenile courts over certain matters Utah Court of Appeals - Has jurisdiction over District Court Juvenile Court Does not have authority to hear an appeal from district court involving 1st-degree felonies and Capitol felonies. Cases which are transferred to it from the supreme court By the vote of four judges, can request that cases it would otherwise hear on appeal be transferred directly to the Supreme Court of Utah The appeals heard on this level rely on the record of the lower court The court of appeals will hear arguments, but will not hear evidence Utah Supreme Court - Hears appeals from the Utah Court of Appeals, On first degree or capital cases, On any District Court finding that a statute is in violation, From certain commissions, such as the State Tax Commission, and as Described in the court of last resort in Utah Has jurisdiction over lawyer discipline matters Similar to the Utah Court of Appeals, in that they will not hear evidence, but rather review the record of the tribunal the appeal is coming from The supreme court also promulgates rules of evidence and procedure Magistrate Courts - Misdemeanor offenses and preliminary matters May try cases by stipulation of parties Similar to justice courts in Utah District Courts - General Federal Jurisdiction Between one and four courts in each state These are the courts of general jurisdiction and hear evidence in most cases Appellate jurisdiction over Magistrate Courts Specialty Courts - Courts that cover: Military Immigration Circuit Courts of Appeals United States Supreme Court - Final say in Federal Courts Hears cases from the Federal Circuit Courts of Appeal Only hears cases that raise a question of federal constitutional law from the highest court in the state, usually the state's Supreme Court The basic role of a correctional agency is to execute the sentence of the judiciary for federal, state, and local cases Appeals process - Once a decision is made by a judge or jury, the decision can be appealed to the appropriate court A finding of guilt, innocence or sentencing can be appealed to the proper courts Case Law - The law established by the interpretation of statutes by the court Good Faith Exception - Officers acting in good faith on facially valid warrant do not violate the rights of the defendant if the warrant is later found to be invalid The officer has a duty to carefully read the warrant and determine facial validity Inevitable Discovery Law - Evidence is admissible if the prosecution can establish that the evidence would have been discovered by lawful means Fourth Amendment requirements to obtain a search warrant (4) - Based upon probable cause Supported by oath and affirmation Must describe the place to be searched Must describe the person or item(s) to be seized Items officers may legally search (5) - Weapons Fruits of the crime Instrument of the crime Contraband Suspects What is an officer allowed to take when executing a warrant? (4) - Anything listed in the warrant Fruit of the crime Contraband Evidence of crime Contraband - Items that are illegal for a person to posses in a specific place Franks hearing - Hearing where defense attempts to show that officers who prepared warrant did so in reckless disregard for truth or engaged in deliberate falsification. Fruit of the Poisonous Tree Doctrine - Evidence that is derived from or gathered during an illegal action cannot be admitted into court. Fresh Pursuit Rule - An officer may pursue a suspect into a private residence to effectuate an arrest for a felony that was done in a public place. Examples of a non-search (5) - Abandoned property Canine sniff Open field and aerial view Plain view and plain smell Private citizen search Inventory Terry v. Ohio - Conclusion of case held that stops and frisks are considerably less intrusive than full- blown arrests and searches, rejecting the argument of the defendant that the search was unreasonable under the Fourth Amendment Bodily Injury - Physical pain, illness, or any impairment of physical condition Serious Bodily Injury - bodily injury that creates or causes serious permanent disfigurement, protracted loss or impairment of the function of any bodily member or organ, or creates a substantial risk of death Double Jeopardy - Double Jeopardy: Cannot be charged for the same crime in the same court more than once. Separation between Utah and Federal Courts. 6th Amendment - The right to a Speedy Trial by jury, representation by an attorney for an accused person 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 defence. 7th Amendment - Right to a trial by jury in civil cases In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law. 8th Amendment - No cruel or unusual punishment, no excessive bail Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. 9th Amendment - The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. 10th Amendment - The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. 11th Amendment - Prohibits citizens of one state or foreign country from suing another state. The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State. 14th Amendment - Declares that all persons born in the U.S. are citizens and are guaranteed equal protection of the laws All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United Amendments - An alteration of or addition to a motion, bill, constitution, etc. Bill of Rights - The first ten amendments to the Constitution Constitution - The governing body of law originally written at the Constitutional Convention in Philadelphia in 1787 and subsequently ratified by the original thirteen states Double Jeopardy - a person cannot be twice tried for the same crime Public Duty Doctrine - Government functions are owed to the general public but not to specific individuals thus there is generally no liability for failing to protect a member of the public Unless they have a special relationship with the individual Components of balanced physical fitness (6) - Cardiovavular Endurance Anaerobic Power Flexibility Muscular Strength Muscular Endurance Body Composition Benefits of staying fit for duty (6) - Great physical and mental health Professional appearance Ability to perform job effectively Less likely to be attacked More Self Confidence Longevity of life Types of cholesterol - HDL (good) and LDL (bad) Types of Diabetes - type 1 early in life and type 2 later in life What is EAP? - Employee Assistance Program (form of employee therapy) How many calories do you need a day? - 2,000 Six Essential nutrients - carbohydrates, fats, proteins, vitamins, minerals, water Direct Evidence - Directly supports the truth of an assertion Surveillance Video Witness testimony Circumstantial Evidence - (indirect evidence) requires some inference to connect it to a conclusion. Based on common reasoning, not on personal knowledge or observation. Testimonial - Oral or written testimony offered in court as proof of the truth Chain of custody - Chain of custody refers to the chronological documentation showing the seizure, custody, control, transfer, analysis, and disposition of evidence, physical or electronic The chain of custody begins at the time of seizure and continues through the completion of the trial Demonstrative - Models, graphs, pictures, objects or other devices used to clarify facts Judicial Notice - Situations where a fact is so well known or readily verifiable, the formal proof is not necessary What makes evidence admissible? - Relevant: Evidence must pertain to the case being tried Competent: Evidence must come from a trusted source Legally obtained: With a search warrant or with exception to a search warrant Hearsay - A statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted Repeating something in court that was said out of court by a third party Standard of proof in a criminal case - Beyond a reasonable doubt Standard of proof in a civil case - preponderance of the evidence (more than 50%) Privileges in court (do not have to testify against) - 502 Spousal 503 Clergy 503 Lawyer-Client 504 Therapist-Patient preliminary hearing - An initial hearing in which a judge decides if there is probable cause to believe that the defendant committed the crime with which he or she is charged Grand Jury Proceedings - Grand jury weighs evidence provided by prosecutor and decides if case moves on to trial What is the burden of proof in a preliminary hearing? - Probable cause Assult - Unlawful threat or attempt to do bodily injury to another Mens Rea - the intention or knowledge of wrongdoing that constitutes part of a crime, as opposed to the action or conduct of the accused. Controlled Substances - Any drugs listed on one of the "schedules" of the Controlled Substance Act. Substances that are regulated by the government Analog - An item that chemically substantially similar to a controlled substance Counterfeit drugs - Bears identifying marks of a drug or represented to be a controlled substance Drug Paraphernalia - Any equipment, product, or material used or intended for drug use or any drug purpose Beer - Beverage between .5% and 5% alcohol by volume or 4% by weight Alcoholic product - At least .5% alcohol by volume Three premises of arrest - The police role in a physical arrest is essentially defensive An arrest is an emotional problem as well as a physical one Mind and body are one Control - Degree of influence you must exert over a subject to take them safely into custody. The offender Correct Cooper color code order - White- Unaware, unprepared Yellow- Relaxed, alert Orange- Alert, specific Red- Fight, engaging threat Black-Sensory overload, unable to react Three levels of intervention - Non-Verbal Verbal Physical Physical level of intervention (3) - Hands on control Less lethal Lethal Force All the worlds a stage 4 parts - The stage The lines of script The masks The roles Three parts to the script - The message The voice Kinesics Kinesics - The body language or how a person stands or moves their body to communicate The Three Approaches to Conflict Resolution? - Ethos- Ethical Logos- Logical Practical- Pathos