Laws of Arrest, Search, and Seizure Exam #

UCO Laws of Arrest, Search , and Seizure Exam #1 Flashcards Spring 2025

What is the Dual Court System in the United States?

There are two court systems, one that deals with federal cases and another that deals with state cases.

What is the process of moving up through state courts?

You start, often, in lower magistrate courts, then move up to trial courts of general jurisdiction, then to Intermediate appellate courts, then to the state supreme court, and finally to the U.S. Supreme courts

What is the process of moving up through the federal court system?

Magistrate courts, which is within the U.S. District Courts, then to the U.S Court of Appeals, and finally to the U.S. Supreme Court.

How many Justices are on the U.S. Supreme Court?

9 total, 8 associates and 1 chief

What is a Writ of Certiorari?

An order from the Supreme court to lower courts to send over all documents relevant to a case in order to review the decision.

What is the Rule of Four?

At least four justices must agree for the Court to consider a case on its merits.

About how many cases does the Supreme Court decide on yearly, on average?

Roughly 75.

What is the definition of Per Curium?

The decision of the immediate lower court where the case originated stands.

How many Federal Circuit courts are there?

13

How many highest courts do Oklahoma and Texas have?

Two, civil and criminal

What is the definition of Judicial Decision?

Authoritative and has value as precedent for future cases only within the geographical limits of the area in which the deciding court has jurisdiction

How does a court’s decision effect its territorial jurisdiction?

It makes that decision standard and law for all of their territorial jurisdiction (U.S. Supreme Court decisions become law because all of the U.S. is their jurisdiction)

What is the definition of Stare Decisis?

To abide by, or adhere to, decided cases

What does Stare Decisis lead to?

Judicial precedent

What is the definition of Judicial Precedent?

Decisions of courts have value as precedent for future cases with similar fact patterns

What is the difference between Stare Decisis and Judicial Precedent?

Stare decisis allows for predictability of decisions, while judicial precedent is a process the court follows because of stare decisis

When can a case be prosecuted in both federal and state courts?

When the case is a violation of both state law and federal law

What criminal acts can be prosecuted in both federal and state courts?

Robbery of a federally insured bank, counterfeiting, transportation of narcotics, etc.

What is the definition of jurisdiction?

The power of a court to try a case

What is the definition of Venue?

The place where a case is to be tried

What are the main differences between venue and jurisdiction?

Jurisdiction cannot be changed (except by law) and is determined by law, while venue can be changed and is determined by where the crime was committed

What are the four Sources of Rights?

CSCC

• Constitutions (Fed. and State)

• Statutes

• Case law

• Court rules

What is the general idea of the 4th Amendment?

Right to lawful search and seizure

What is the general idea of the 5th Amendment?

No double jeopardy and right to a grand jury

What is the general idea of the 14th Amendment?

Due process and equal protection

What is the definition of Statutory Law?

Law passed by the Congress of the United States or the state legislatures.

What is the definition of Case Law?

Laws created in cases decided by the courts

Where is case law an applicable source of rights?

In the deciding courts territorial jurisdiction

What is the definition of Judicial Review?

The power of courts to declare law or acts unconstitutional

What was the first case the judicial review doctrine was used in?

Marbury v. Madison

What does the judicial review doctrine apply to?

• Laws passed by Congress

• Laws passed by state legislatures

• Ordinances passed by municipalities

• Acts of public officials

What is the definition of the Rule of Law?

No person is above the law.

What are the four approaches to apply the Bill of Rights to the states?

STTC

• Selective incorporation

• Total Incorporation

• Total Incorporation Plus

• Case-by-case Incorporation

What is the definition of Selective Incorporation?

Clause by clause of the Bill of Rights, only the rights that are considered fundamental should apply to the states

What is the definition of Total Incorporation?

Every part of the Bill of Rights applies to the states

What is the definition of Total Incorporation Plus?

Every right in the Bill of Rights should apply, plus other rights

What is the definition of Case-by-case Incorporation?

Examining facts of a specific case to see if there is an injustice so serious the the Bill of Rights would be needed

What are the components of a case brief?

• Case Title

• Citation

• Year Decided

• Facts

• Issue(s)

• Court decision

• Holding

• Case significance

What is the definition of Criminal Procedure?

The laws defining the process that the police and courts must follow in the apprehension and punishments of criminals

What is the definition of Criminal Law?

Laws defining the acts that are punishable by the government

What is the difference between Criminal Procedure and Criminal Law?

Criminal Law defines what criminal acts are, while criminal procedure defines how the government is to handle those committing criminal acts

What are the the three phases of the court process?

• Pre-trial

• Trial

• Post-trial

What did the Duncan v. Louisiana (1968) decide?

The function of the jury is to guard against the exercise of arbitrary power

What did Boykin v. Alabama (1969) decide?

A guilty plea must be voluntary and the accused must fully understand the consequences

What did Santobello v. New York (1971) decide?

When a guilty plea is accepted by the court in accordance with a plea bargain, the judge must then decide to enforce the plea agreement or allow the defendant to revoke the plea

What did North Carolina v. Alford (1979) decide?

A guilty plea does not become invalidated because the defendant does not admit guilt, all they need is the knowing waiver.

What did County of Riverside v. McLaughlin (1991) decide?

Forty-eight hours without a P.C. hearing is reasonable. If longer, the police must prove reasonableness, If shorter the person detained must prove unreasonableness

What happens during an Initial Appearance?

IA

• Informed of charges

• Advised of Rights

What happens during a Preliminary Hearing where there is not indictment already issued?

The accused is

• Informed of Charges

• Advised of Rights

• Appointed Council

• Bond Considered

Then probable cause is established

What happens in a Preliminary hearing when there is an indictment issued?

The accused is

• Informed of Charges

• Advised of Rights

• Appointed Council

• Bond Considered

What is the definition of a complaint?

A charge made before a law enforcement officer alleging the commission of a criminal offense

What happens during Booking?

Suspects personal info is booked along with charges faced and date.

What is the definition of a Citation?

An order to appear before a judge

What is the definition of a Summons?

A court order to appear without being placed in jail.

What is the definition of a Bench Warrant?

An arrest warrant issued by a judge when a suspect does not appear for court

What are the purposes of Bail?

• Ensures appearance at trial

• Preventative detention

What are the four types of Bail?

• Cash

• Return on Recognizance

• Cite out/pledged bond

• Property bond

Who is present during a preliminary hearing?

• Judge

• Defense

• Suspect

• Prosecution

• Gallery

• Possibly Witnesses

Who is present in a grand jury hearing?

• Prosecutor

• Witnesses

• Grand Jurors

What cases do the grand jury hear?

• Federal Felony cases

• State felony cases (if they choose to)

What is the result of a grand jury hearing when probable cause is proven?

An indictment

What is the definition of an indictment?

A written accusation of a crime filed by the grand jury

What is the result of a preliminary hearing when probable cause is proven?

An information

What is the definition of an information?

A criminal charge filed by the prosecutor

What are the four types of pleas?

• Guilty

• Alford plea

• Nolo contendere

• Not guilty

What is the definition of an Alford plea/Nolo contendere?

A plea that does not admit guilt, but accepts the punishments

What is the definition of a Plea Bargain?

An agreed guilty plea in exchange for a reduced charge, reduced sentence, or dropped charges.

What is the order of the Trial Sequence?

• Jury Selection

• Juror Challenges (if any)

• Opening statements

• Case-in-chief

• Case rebuttal

• Case Rejoinder

• Closing Arguments

• Pre-verdict Motions (if any)

• Jury Instructions

• Jury Deliberations

What happens during Jury Selection?

Jurors are selected from a venire and then brought in front of the defense and prosecution for a voir dire process

What is the definition of Venire?

A group of prospective jurors assembled according to procedures established by state law

What is a Voir Dire process?

Questioning done by the judge/counsels

What are the two kinds of juror challenges?

• Causal excuse

• Peremptory

What is the definition of a Peremptory Challenge?

A dismissal of a juror for reasons that does not need to be stated

How many Causal excuse challenges do the counsels get?

An unlimited number

How many Peremptory Challenges do counsels get in capital cases?

More than 12 each side

How many Peremptory Challenges are allowed during a felony case (not capital)?

12 each side

How many Peremptory Challenges are given in a misdemeanor case?

Six each side

Which side goes first in both Opening Statements and Cases-in-chief?

Prosecution

What happens during the Cases-in-Chief?

Witnesses and evidence are examined

Who does the Case rebuttal?

Prosecution does the case rebuttal

Who does the case rejoinder?

Defense

Who goes first during the closing arguments?

Defense

Why does the prosecution get the final word?

Because they bear the Burden of Proof

What are the three pre-verdict motions available?

• Motion for acquittal

• Motion for directed verdict of acquittal

• Motion for mistrial

What is the definition of a Motion for acquittal?

Failure to establish a Prima facie case; no case shown

What is the definition of a Motion for directed verdict of acquittal?

Failure to prove all elements of the crime by a beyond reasonable doubt standard

What is the defintion of a Motion for Mistrial?

Alleges prosecution error

What happens during Jury Instructions?

Jury is informed of:

• Relevant Law

• Elements of the Crime

• Beyond a Reasonable Doubt standard

Can the prosecution and defense put in input for Jury Instructions?

Yes, input can be given by both sides for Jury Instructions

What are the motions that can only be made during Pre-trial?

• Challenge the indictment

• Venue

• Double jeopardy

• Competency

• Sanity

• Discovery

• Jurisdiction

• Suppression

  • sometimesduring trial, but typically in pre-trial

What does a motion to challenge the indictment do?

Says the indictment may not prove probable cause

What does a motion for change of venue do?

Requests a change of venue due to the defendant not being able to have a fair case

What does a motion of double jeopardy do?

The defendant has been tried for this crime on these facts previously

What does a motion of incompetency do?

States the defendant may not be competent to stand trial and a competency test needs to be done

What does a motion of insanity do?

States the defendant may have been insane at the time of the crime and should not stand trial or be held responsible

What does a motion of discovery do?

Lets the defense see the evidence the prosecution has gathered

What does a motion of jurisdiction do?

States that the trial court does not have jurisdiction over the defendant/crime

What is a motion of suppression?

Suppresses evidence