Laws of Arrest, Search, and Seizure Midterm Exam

UCO Laws of Arrest, Search, and Seizure Midterm Exam Ch. 1-6 Spring 2025

What is the way to move through the State courts?

Lower courts to trial courts of general jurisdiction to intermediate appellate courts to State supreme court to U.S. Supreme Court

What is the way to move through the Federal court system?

Magistrate courts which are within District courts to U.S. Court of Appeals to the U.S. Supreme Court

Where does the federal court system originate from?

Article III of the Constitution

What is the Rule of 4?

At least four of the U.S. Supreme Court justices have to agree for the court to consider the case on its merits.

How many judicial circuits are in the U.S.?

Thirteen, including one for D.C. and a Federal one as well

How many states does each judicial district cover?

Three or more

How many judges does a U.S. Court of Appeals have?

Six or more

How can the U.S. Court of Appeals hear cases?

En banc (one body) or in groups of three to five

What is the definition of jurisdiction?

Referring to the power of a court to hear a case

What is the definition of venue?

Referring to the place a court is to be tried

What is the general idea of the Fourth Amendment?

Freedom from unreasonable searches and seizures

What is the general idea of the Fifth Amendment?

Right to a grand jury, protection against double jeopardy, self-incrimination, and taking of life, liberty, or property without due process of law.

What is the general idea of the Sixth Amendment?

Right to a speedy trial, impartial jury, be informed of the nature and cause of accusation, confront witnesses, summon witnesses, and the assistance of counsel.

What is the general idea of the Eighth Amendment?

Protection against excessive bail and cruel and unusual punishment

What is the general idea of the 14th Amendment?

Right to due process and equal to protection

What are the four sources of law?

Constitution, statutes, case law, and court rule

What constitutions can law come from?

Federal and state

What is statutory law?

Law passed by legislatures

What is case law?

Law promulgated in cases decided by the courts

What are court rules?

Rules developed as a result of the supervisory power of the courts

What is Judicial review?

The power of the courts to declare law or acts unconstitutional and hence unenforceable any law, official action based on law, or any other action by a public official that it deems to be in conflict with the Constitution

What was the first case that used judicial review?

Marbury v. Madison

What acts/laws does judicial review apply to?

Laws passed by congress or state legislatures, ordinances passed by municipalities, and acts of public officials

How is the due process in the Fifth and 14th Amendment different?

Fifth prohibits the taking of rights without due process while the 14th provides the right to due process

What are the four forms of incorporation?

Selective, total, total plus, and case-by-case

What is selective incorporation?

Only the rights considered fundamental should be applied to the states.

What is the most common form of incorporation used today?

Selective incorporation, since the 1920s

What is total incorporation?

All the rights in the Bill of Rights should be held as applying to the states?

What is the argument justifying total incorporation?

The 14th Amendment

What is total incorporation plus?

In addition to applying all the provisions of the Bill of Rights to the states, other rights ought to be added, such as the right to clean water, air, and environment

What is the definition of case-by-case incorporation?

Examines the facts of a specific case to determine whether there is an injustice so serious as to justify extending the provisions of the Bill of Rights to this particular case

What is the definition of fundamental rights?

Of the very essence of a scheme of ordered liberty and principles of justice so rooted in the traditions and conscience of our poeple as to be ranked as fundamental

What is the definition of a complaint?

A charge made before a law enforcement or judicial officer by alleging the commission of a criminal offense.

Who can file a complaint?

A victim or an officer

What does a complaint serve as basis for?

An arrest warrant

What is the definition of an arrest?

The taking of a person into custody for the purpose of criminal prosecution or interrogation

How can an arrest be made?

With or without a warrant

When is an arrest made with a warrant?

When there is a complaint filed with a judge

When can an arrest be made without a warrant?

When the crime is in front of an officer

What is the suspicion level required for an arrest?

Probable cause

What is the definition of a citation?

An order issued by a court or law enforcement officer requiring a person to appear in court at a specified date to answer to certain charges

What is the advantage of a citation over an arrest?

Keeps people out of jail whilst pending hearing to save time and paperwork

What is the order of pretrial and trail stages?

Complaint filed to preliminary hearing to grand jury returning indictment to discovery proceedings to motions filed to trial to opening statements to Government’s/prosecutor’s case to presentation of evidence to defendant’s case to government’s rebuttal case to closing arguments to jury instructions to deliberations to verdict

What is the definition of a summons?

A writ directed to the sheriff or other officer requiring the officer to notify a person that they must appear in court on a day named and answer the complaint.

What are the advantages of a summons?

Save time and paperwork and keep the person out of jail while waiting on a hearing

What is a bench warrant?

Process issued by the court itself or ‘from the bench’ for the attachment or arrest of a person either in case of contempt or where an indictment as been found to bring in a witness who fails to obey a subpoena

What is an initial appearance?

First appearance before a magistrate done without unnecessary delay

What happens during an initial appearance?

The defendant is informed of their rights and advised of their charges

What is preventative detention?

Detaining a person in jail without bail with purpose of preventing them from committing additional crimes.

What is bail a form of?

Preventative detention

What is a preliminary hearing?

A hearing held before a judge or magistrate within a reasonably short time after arrest.

What is the standard of proof in a preliminary hearing?

Probable cause

What are the three reasons for a preliminary hearing?

Determine probable cause, discovery, or decision on binding over

When is a preliminary hearing not required?

When indictment was issued, when its a misdemeanor, or when its waived

What is the definition of discovery?

The procedure used in a case to obtain information from the other party.

How is discovery initiatied?

By a motion filed in court

How do the parties know what items to share during a discovery motion?

Items are specified by laws

What is exculpatory evidence?

Evidence that tends to establish the defendant did not commit the crime charged

What kind of evidence must prosecutors report to the defense?

Exculpatory evidence

What is an indictment?

A written accusation of a crime filed by the grand jury

What is an information?

A criminal charge filed by the prosecutor without the intervention of a grand jury

What is a plea?

A response from the accused in court to the indictment of the information

What are the four types of pleas?

Guilty, not guilty, nolo contendere, and Alford

What is a nolo contendere plea?

No contest, accepting the penalty without admitting guilt

What is an Alford plea?

A plea in which the defendant claims innocence yet pleads guilty for other reasons

What is plea bargainning?

Defendant agrees to plead guilty in exchange for a lower charge, a lower sentence, or other considerations

What is a venire?

Group of prospective jurors assembled according to procedures

What is the primary way for juror selection?

Voter registration

What are the two types of juror challenges?

Challenge for cause and peremptory challenge

What is a challenge for cause?

A juror is dismissed for reasons specified by law

How many challenge for cause does each counsel get per case?

An unlimited number

What is a peremptory challenge?

Dismissal of a potential juror for reasons that need not be stated

How many peremptory challenges does each side get in capital cases?

More than 12, typically 16-20

How many peremptory challenges does each side get in felony cases?

12

How many peremptory challenges does each side get in misdemeanor cases?

Six

What is the trial sequence?

Jury selection, opening statements, presentation of evidence, rebuttal evidence, closing arguments, defense pre-verdict motions, jury instructions, deliberation, the verdict

What are the pre-verdict motions?

Motion for acquittal, motion for directed verdict of acquittal, and motion for mistrial

What is a motion for acquittal?

Defense moves for a judgment of acquittal at close of the prosecution case on grounds of failure to prove prima facie case

What is a motion for direct verdict of acquittal?

Same as motion for acquittal, but this one says the prosecution failed to introduce sufficient evidence to convict the defendant

What is a motion for mistrail?

Implies improper conduct

What are the pre-trial motions?

Challenge indictment, venue, double jeopardy, competence, sanity, discovery, jurisdiction, and suppression

What is a verdict?

Pronouncement of defendant’s guilt or innocence

What are the two verdicts?

Guilty and not guilty

What is a hung jury?

When the jury cannot get a unanimous vote

What is the legal definition of probable cause?

More than bare suspicion that exists when the facts and circumstances within the officers’ knowledge and of which they had reasonably trustworthy information are sufficient in themselves to warrant a man of reasonable caution in the belief that an offense has been or is being committed

How is probable cause measured?

By the test of reasonableness

What is the practical definition of probable cause?

More likely than not

When is probable cause required for an arrest?

With and without a warrant

What are the concerns of probable cause in arrest?

Whether and offense has been committed and whether the suspect did commit the offense

Who determines probable cause in an arrest with a warrant?

A magistrate

Who determines probable cause in an arrest without a warrant?

The officer

When is probable cause needed for seizures?

With and without a search warrant

What are the probable cause concerns for a seizure?

Whether the items to be seized are connected with criminal activity and whether they can be found in the place to be searched

What happens in a warrant based arrest or seizure?

A magistrate determines probable cause that can be reviewed by the trial judge

What happens during a non-warrant based arrest or seizure?

Probable cause determined by officer, which is subject to review, followed by determination by trial court, which can be reviewed by appelate court

What are the three ways probable cause is established?

Through an officers’ own knowledge of particular facts and circumstances, through information given be a reliable third party (informant), and through information plus corroboration by the officer

What is the Gates test?

Tests the reliability of informants by looking at the totality of circumstances.

What test did the Gates test replace?

Aguilar-Spinelli test

What is staleness?

Information that has been deemed too old to use

What is the time period before information goes stale?

There is no set time period, so it is set on a case-by-case basis