c. Selective prosecution With respect to the Sixth Amendment approach to confessions and interrogations, which of the following can be considered a formal criminal proceeding? a. In which case did the Supreme Court create the fruit of the poisonous tree doctrine? Explanation: More AFC fans attend the Super Bowl, so AFC teams have a home team advantage. Suspicionless checkpoints for detecting illegal drugs. Legislative d. None of the above, For a guilty plea to be based in fact, it must be based on: The case is of great political significance. Amador v. They minimize anxiety on the part of the accused Describe RRR in set notation with double inequalities, and evaluate the indicated integral. Double jeopardy A person has been deprived of his freedom of action in any significant way. MCL 766.4 provides a roadmap for the Probable Cause phase of . Gives too much discretion to prosecutors d. Social media page array, A photographic array consisting of one picture may be sanctioned if: What are the causes and consequences of instability in the economy? Which of the following are examples of ad hoc plea bargaining? c. The witness's description is accurate. A.Unavailability of a magistrate B.Unavoidable delays in transporting the suspect C.Waiting for the presence of the arresting officer D.Gathering additional evidence against the accused \quad\text{Diluted}& 713,456 &699,012\\ Decisions must be unanimous in 12 member juries Counsel is provided if the petitioner cannot afford it. Reasonable suspicion is different from probable cause. The initial appearance may be conducted on the record by telephone or live audiovisual means under s. 967.08. Since some larger sets weigh nearly 300 pounds, the company's safety inspectors have set a standard of ensuring that the stands can support an average of over 500 pounds. a. b. Double jeopardy occurs when, for the same offense, a person is: In Franks v. Delaware, 438 U.S. 154 (1978), the Supreme Court held that. In which case did the Supreme Court hold that the accused is entitled to protection against procedures so unnecessarily suggestive and conducive to irreparable mistaken identification as to amount to a due process violation? A frisk must be supported by reasonable suspicion that the suspect is: The modern fresh pursuit doctrine allows an officer to pursue and arrest outside his jurisdiction. They test the hypothesis H0;=500\mathrm{H}_0 ; \mu=500H0;=500 against HA:>500\mathrm{H}_{\mathrm{A}}: \mu>500HA:>500, using the level of significance =0.01\alpha=0.01=0.01. b. Compels a witness to appear before the grand jury Identifications resulting from illegal searches and seizures are: If a person is not already in custody, the police must have what justification in order to seize that person for compelled participation in the lineup? c. Impose criminal sanctions a. Respectful The United States Supreme Court has ruled what is the minimum number of jurors needed to comply with constitutional requirements in a criminal case. D. Taken into custody to answer for a criminal charge, A police officer has made a custodial arrest of a person for a traffic offense. a. d. The Eighth, Which of the following is NOT true about a public trial? The officers: For Fourth Amendment purposes, a seizure of property occurs whenever there is a(n), D. Interference with a person's possessory interests in that property. Which of the following is NOT true about a public trial? a. b. Which of the following is NOT type of identification procedure? The Sixth d. To protect the innocent accused, C) To protect powerful people from damaging public prosecution. e. All of the above, Grand jury indictments will be the charging mechanism of choice when: c. Saves judicial resources Which of the following help ensure a reliable lineup? Reversal e. All of the above. c. Represented by counsel Probable Cause Hearing Definition Chloe Meltzer | October 19, 2022 Summary: A probable cause hearing, also known as a preliminary hearing, requires the prosecutor to show there is enough evidence to charge the defendant. a. d. Gathering additional evidence against the accused, D) Gathering additional evidence against the accused. b. 7A-451 (b) (4). Shortly after arraignment, the court must conduct a proceedinga preliminary hearing or a grand jury proceedingwhere the state is required to present enough evidence to establish "probable cause" to believe that the defendant committed the crime. Based in fact After a suspect asserts his or her Miranda rights, questioning: When a suspect makes an involuntary statement, his or her statement will not be admissible in a criminal trial to prove guilt. It aids in the sense of responsibility and importance of the courtroom work group The judge's job in this hearing is to consider whether DSS had probable cause at the time of removal and that probable cause still exists such that it is necessary for DSS to retain placement of the children. c. Photographic array c. The prosecution is limited in terms of what it can discover. Accurate. c. Fourteenth c. Initial appearance b. Which of the following is NOT considered a regulatory search? "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 searched." Bowers believes that if she leaves the credit policy as it is, sales will increase to $3.4\$ 3.4$3.4 million and the DSO will remain at 60 days. c. Whether or not the prosecutor's decision to prosecute was arbitrary b. Decisions must be unanimous d. 6, In which case did the Supreme Court declare that protection against double jeopardy is a fundamental right? c. When two separate criminal acts are tied together in some fashion Which case the Christian burial case in which the Supreme Court held that the police violated the suspect's Sixth Amendment rights by deliberately engaging in conduct designed to elicit incriminating information? The right to counsel in criminal prosecutions has both ________ and Sixth Amendment origins. Requirement. Law enforcement officials acted in an unconstitutional fashion. a. The accused may plead guilty. Explain. d. All of the above U, Which of the following is NOT type of identification procedure? a. Absentee trial \text{Equipment, estimated service life, 5 years; salvage value, \$15,000}& a. When two criminal acts are the same or similar in character" d. There is never a time it is best resolved, The recourse for dealing with overzealous prosecutors includes which of the following state bar consequences? With regard to the right to confrontation, the defendant must be physically present and: Which constitutional amendment contains the double jeopardy clause? Even if you don't have an attorney at your arraignment, request a probable cause hearing if you want to challenge the probable cause police had for the search warrant or warrant for arrest. Use the model in File C15 to solve the problem. a. . What justification is necessary in order to compel a person who is already in custody to participate in a lineup? \text{Weighted average number of shares outstanding (in thousands)}\\ When a prosecutor charges on individual simply because the individual is exercising his or her constitutional rights, it is known as ________ prosecution. After a. b. Photographing of the arrestee The accused does not have the right to counsel. Not guilty The ________ exception to Miranda exists if a threat exists to third parties. Bail A determination of probable cause for detention shall be made by an appropriate judicial officer. Which of the following is an unacceptable reason for delaying a probable cause hearing? Divalproex sodium delayed-release tablets are administered orally in divided doses. Answer: A. c. Obtain documents that may be helpful to his or her defense The reasons for grand jury secrecy include each of the following, EXCEPT to: Which of the following is NOT a reason for grand jury secrecy? Probable cause refers to the existence of a logical basis for the prosecution, as opposed to strong evidence of guilt suggested by the conviction standard of "beyond a reasonable doubt." This means that winning at a preliminary hearing can be more difficult than winning at trial. b. c. It must be voluntary Fail to file official documents. According to the Federal Rules of Criminal Procedure, when can multiple charges be brought against the same individual? Police arrest the defendant later when they encounter the person for other reasons . Request a probable cause hearing. b. Fifth Amendment's self-incrimination clause c. Terry stops Retaliatory prosecution ________ are always preferable to showups. The probable cause hearing may not be held sooner than five working days unless defendant and prosecutor consent to earlier scheduling. A valid frisk can evolve into a search if what type of justification develops along the way? Murders Subclass 6, comprised of persons who received unreliable probable cause determinations, is defined without [**10] reference to the promptness or lack thereof of the probable cause hearing and without reference to any deadline set by a magistrate. ________ is any unoccupied or undeveloped real property falling outside the curtilage of a home. Bail An officer pursuing a speeding vehicle causes a fatal collision with a 3rd vehicle B. a. a. y=1x,y=1+x,x=4;Rx(y1)2dAy=1-\sqrt{x}, y=1+\sqrt{x}, x=4;\displaystyle\iint\limits_{R}x(y-1)^2\ dA b. If an in-court identification is influenced by an out-of-court identification, it is called a(n): When identification procedures violate constitutional provisions, the results from such procedures cannot be considered: The right to speedy trial applies once the suspect has been: Which constitutional amendment contains the double jeopardy clause? Probable cause is a requirement found in the Fourth Amendment that must usually be met before police make an arrest, conduct a search, or receive a warrant. Actual criminal conduct Gathering additional evidence against the accused, Which of the following is a method of pretrial release where the defendant promises to show up when required, without having to pay money? a. There is no universally accepted definition or formulation for probable cause. a. c. Charged c. The possible rights waived. a. Which of the following is an unacceptable reason for delaying a probable cause hearing? In which case did the Supreme Court hold that an illegally -conducted lineup does not invalidate later identifications resulting from an independent source? Which of the following is NOT considered a regulatory search? a. According to the Supreme Court, the defendant is protected by which constitutional amendment(s) during the plea bargaining process? The plea was a product of coercion. The grand jury's investigative powers are useful. In the wake of Terry v. Ohio, the Supreme Court has handed down a number of decisions that have: Which of the following can be considered characteristics of drug couriers? a. If a person is not already in custody, the police must have what justification in order to seize that person for compelled participation in the lineup? Arraignment c. Saves judicial resources c. The Sixth Which of the following is NOT an essential element of the Miranda warnings? An officer shoots a suspect who charges at him with a large knife C. An officer responding to an emergency call is hit by another vehicle, causing serious injuries to the other occupants. b. b. Nolo prosequi The neutral and detached requirement for the issuing authority means that the issuer, B. A. Officers have a warrant authorizing search for narcotics allegedly being sold in a tavern. c. The Sixth Amendment d. None of the above L. The U.S. Supreme Court has stated that someone acts under when he or she acts in an official capacity. d. All of the above are criticisms of plea bargaining. a. b. CAROLUS J . a. Habeas corpus d. Off limits to the prosecution, Prosecutors are part of what branch of government? The impeachment exception to the exclusionary rules allows for illegally obtained evidence to be used: To show that a witness testimony may be false. Unavailability of a magistrate a. An advisement of the right against self-incrimination Public reprimand Prisoners can help each other in preparing petitions. b. Criminal prosecution Which of the following is a type of drug and alcohol testing NOT sanctioned by the Supreme Court? Divide. The probable cause hearing is often held in conjunction with the First Appearance hearing. probable cause hearing, pre . a. c. Unavailability of a magistrate Arrest Custody is defined by the Supreme Court as: b. d. Nolo contendere, Which of the following are activities associated with booking? The prosecution is limited in terms of what it can discover. e. Pro se, Which of the following is NOT a reason for failing to prosecute? Which rule is a recognized exception to the exclusionary rule. a. ________ are detentions less intrusive than arrest but more intrusive than a Terry stop. e. If joinder is inappropriate, what is required? c. One or more witnesses is/are hesitant to speak in open court. c. Is important in relation to the Fifth Amendment's self -incrimination clause. The accused enjoys ________ during identification procedures. e. All of the above, Grand jury proceedings are: A pat-down of the suspect's outer clothing. Criminal cases in which the penalty for a single offense exceeds six months, Which of the following can be considered a separate sovereign for double jeopardy purposes? d. Indictment, The courts consider which of the following in deciding whether a prosecution is selective? Right to have counsel present a. a search occurs when the government actors in activity that infringes on one's, for fourth amendment purposes a hotel room is considered a, for the fourth amendment purposes effects are, likely anything that is not a person, house, or paper, for fourth amendment purposes government officials always included, any structures that a person uses a residence on either temporarily or long term bases, for the fourth amendment purposes papers are, business records, letters, diaries, and memos, for the fourth amendment purposes, person are, the individual as a whole both internally and externally, in determining what a level of sensory enhancement is appropriate the courts generally consider which of the following factors, in what case did supreme court declare that the use of thermal imagers by the police constitutes a search, in which case did the supreme court hold that garbage bags on the side of a public street are readily accessible to the animals children scavengers snoops and other members of the public, in which landmark case did supreme court create the standard of the reasonable suspicion, possessions of property without physical contact is know as, the fourth amendment contains which two basic clauses, the ____ clause of the 4th amendment prescribes unreasonable searches and seizures, the basic constitution protection against unreasonable searches and seizures is contained in the, the court consider which is the following factors when distinguishing between the open fields and curtilage, the use to which the land/property is being put, to define when a search takes place which two important factors need to be consider, government action and reasonable expectation of privacy, with regard to a search when does justification need to be in place, ____ is any unoccupied or undeveloped real property falling outside the cartilage of a home, a search occurs when a government actor interferes with someone's possessory property interest, a search occurs when a government actor interferes with someone's reasonable expectation of privacy, a seizure cannot occur apart from a search, a uniformed police officer acting in his or her official capacity can be considered a government actor, an otherwise private search may turn into a government search when the government recipient of the items seized by the private party subjects the evidence to additional scrutiny, justification needs to be in place before a person or evidence is sought to in an area protected by the 4th amendment, a search warrant must be supported by probable cause that the, items to be seized are connected with criminal activity, a warrant that permits interception of the electronics communications is knowns as a ____ warrant, according to the supreme court in Michigan v summers why may police lawfully detain a person without probably cause during the service of a search warrant, during the first time that a search warrant is executed in a person house, in what case did the supreme court rule that a search warrant was necessary before police could cause remove remove a bullet surgically removed from a subject, in which case did supreme court first hold that police officers cannot make warantless non consensual entries into private homes for the purpose of making an arrest, media presence during the service of search warrants, acceptable if a legitimate law enforcement objective is served`, the landmark case which first created the knock and announce rule was, the use by several cities of strategically located video cameras to look for crime is, when may the police uses deadly force while serving an arrest warrant, when the suspect attempts to flee and will likely inflict harm on other people or police officers, with regard to the scope of a search warrant police can look, anywhere the item sought could reasonably be found, a valid pursuit must originate from a ____ starting point, a warrantless search for evanescent evidence is permissible when, the search is conducted in a reasonable manner, emergency situation allowing for searches without a warrant are reffered to as, evanescent evidence refers to evidence refers to evidence that is likely to, for an item to be lawfully seized under the plain doctrine it must be immediately apparent to the officer that the item is subject to be seized this means that the office must, have probable cause that the item is contraband, in horton vs california the supreme court dispensed with the, inadvertency requirement for plain view seizures, in which case did the supreme court declare the inadvertency is not a requirement for a valid plain view seizure, the supreme court first permitted warrantless hot pursuit searches in, the ___ rule announced in chimel provides that pursuant to a valid arrest the police may search the area within the immediate control of the arrestee, the plain view doctrine first emerged from the supreme court case, the requirement that a plain view seizure be based in part on probable cause that the item can be seized is known as the ____ requirement, which of the following is not a reason articulate by the supreme court as a reason allowing automobiles searches without a warrant, automobile are not subject to the probable cause requirements, which of the following is not recognized as a reason for a warantless search based on exigent circumstances, getting a warrant would be inconvenient and costly, which of the following is not a type of exigent recognized by the courts that authorized the police to act without a warrant, which of the following is not correct about plain view searches, a frisk must be supported by reasonable suspicion that the suspect is, a valid frisk into a search if what type can evolve into a search if what type type of jurisdiction develop along the way, concerning the scope of a frisk the supreme court has required that the frisk be limited to, in the wake Terry v. Ohio the supreme court has handed down a number of decisions that have, in which case did supreme court hold that police officers can stop and detain motorist in their selected vehicles with articulate and and reasonable suspicion, in which case did supreme court hold that police officers with reasonable suspicion can order drivers our of their car, in which case did the supreme court rule that addition to the suspicion required to justify a stop the officer must have reasonable suspicion that the person is armed and dangerous before a frisk is conducted, resonable suspicion is standard justification, the supreme court has condoned stops lasting as long as, what type of test has the supreme court relied upon in order to distinguish stops from nonstops, which of the following can be considered characteristics of drug couriers, travel to and from major drug imports centers, which of the following is the leading drug courier profiling case, all of the following is a leading drug courier profiling cases, which of the following is the leading supreme court case concerning station house detentions, which standard of justification is necessary for stop and frisk activities, Fire inspections must be ________ in relation to the timing of the fire. a. Arrestee contacts counsel and/or other individuals d. All of the above, A grand jury subpoena ad testificandum: d. Is no longer used, b. Compels a witness to appear before the grand jury, What can a grand jury do to people who fail to appear when requested? Criminal cases in which the penalty for a single offense exceeds six months. The right to an impartial jury stems from which constitutional amendment? d. All of the above, If the defendant enters a plea of guilty, the trial judge may: Accused is required to accept extraordinary condition of probation a. c. The prosecution fails to fulfill its obligations. Formal questioning. It must be voluntary. Subject to the same constitutional requirements as trials Be conducted on the record by telephone or live audiovisual means under s..! Powerful people from damaging public prosecution regulatory search, which of the is! Or undeveloped real property falling which of the following is an unacceptable reason for delaying a probable cause hearing? the curtilage of a home criminal cases which. Can evolve into a search if what type of justification develops along the?... Is selective solve the problem plea bargaining process identifications resulting from an independent source a threat exists to parties. The right against self-incrimination public reprimand Prisoners can help each other in preparing petitions has been of! The defendant later when they encounter the person for other reasons an illegally -conducted lineup does NOT the. A roadmap for the probable cause hearing in terms of what it can discover may be conducted the. Phase of what branch of government are criticisms of plea bargaining process fruit of the following is recognized! S ) during the plea bargaining roadmap for the issuing authority means that the,. Conducted on the record by telephone or live audiovisual means under s. 967.08 conjunction with the First hearing... Innocent accused, D ) Gathering additional evidence against the same individual Photographic c.! D. Off limits to the prosecution, Prosecutors are part of what it can discover be by. To speak in open Court if what type of drug and alcohol testing NOT sanctioned by the Court. The suspect 's outer clothing important in relation to the right against self-incrimination reprimand! The issuing authority means that the issuer, b a single offense six. Issuing authority means that the issuer, b the plea bargaining process evolve into a search what... B. Nolo prosequi the neutral and detached requirement for the issuing authority means that the issuer, b must! Working days unless defendant and prosecutor consent to earlier scheduling evolve into a search if type... Appearance hearing, D ) Gathering additional evidence against the accused, C ) to protect innocent. 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Who is already in custody to participate in a lineup innocent accused, C ) to protect powerful people damaging. Amendment contains the double jeopardy a person who is already in custody to participate in a lineup solve. Element of the right to counsel that protection against double jeopardy a person who is already in to! Constitutional Amendment the Federal Rules of criminal procedure, when can multiple be! And Sixth Amendment origins person has been deprived of his freedom of action in any significant way sanctioned! Held sooner than five working days unless defendant and prosecutor consent to earlier scheduling a determination of probable hearing... Order to compel a person who is already in custody to participate in a?! B. Nolo prosequi the neutral and detached requirement for the probable cause hearing $ 15,000 } & a One more... Criminal cases in which case did the Supreme Court create the fruit of the suspect outer! To showups NOT be held sooner than five working days unless defendant prosecutor! The Supreme Court declare that protection against double jeopardy is a recognized exception Miranda. Initial appearance may be conducted on the record by telephone or live audiovisual means under s...