Ch.2 Legal Aspects of Investigation

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Author:
ang2386
ID:
260513
Filename:
Ch.2 Legal Aspects of Investigation
Updated:
2014-02-06 01:26:48
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Criminal Investigation
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Description:
Chapter Outline *The Bill of Rights and the States *Arrest *Search and Seizure
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  1. What two major components is Criminal law divided into?
    Substantive criminal law and Procedural criminal
  2. What is Substantive Criminal Law?
    it deals with those elements that describe and define a crime.
  3. What is Procedural Criminal Law?
    Criminal law that defines what can and cannot be done with, or to, people.
  4. What is due process?
    Fairness. Found in the 5th Amendment
  5. What does the due process clause provide?
    No person be deprived of life, liberty or property, without due process of law.
  6. What is said in the 14th Amendment?
    No state shall make or enforce any law which shall abridge the privileges and immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny any person within its jurisdiction the equal protection of the laws.
  7. What does the Fourth Amendment say?
    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.
  8. What are the three essential ingredients of an arrest?
    • Intention, Authority and Custody.
    • An officer must have the intention to arrest the suspect. Officer must have legal authority to make a legal arrest. The person being arrested must come within the custody and control of the law.
  9. What is Detention?
    A detention is a temporary and limited interference with the freedom of a person for investigative purposes. Sometimes called investigative detention or a street stop.
  10. What is stop and frisk?
    patting down the outer clothing if they suspect that the person being questioned may be armed and their safety is in jeopardy.
  11. What are the 4 types of arrests that are permitted?
    • 1. When a warrant has been issued. 
    • 2. When a crime is committed in the presence of an arresting officer.
    • 3. When an officer has probable cause to believe that the suspect being arrested has committed a felony.
    • 4. In statutorily created instances.
  12. What are the two major benefits derived from securing prior judicial approval for arrests through the warrant process?
    1. It relieves law enforcement of the burden of proving the legality of the arrest so that officers need not fear charges of false arrest, malicious prosecution, or other civil suits. 

    2. It provides for an indpendent evaluation of the evidence.
  13. What is an arrest warrant?
    it is a judicial order commanding the person to whom it is issued or some other person to arrest a particular individual and to bring that person promptly before a court to answer a criminal charge.
  14. What is a affidavit?
    A written statement of the information known to the officer that serves as the basis for the issuance of the warrant.
  15. What is probably cause?
    It is more than suspicion but less than actual knowledge. It is suspicion plus facts and circumstances that would lead a reasonable person exercising ordinary causation to believe that a crime has been, is being, or is about to be committed.
  16. What are legal searches and seizures?
    • 1. When a warrant has been issued.
    • 2. with consent. 
    • 3. Incident to an arrest
    • 4. Of a motor vehicle
    • 5. When an emergency exists. 
    • 6. To conduct an inventory.

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