Download TLETA Class 1879 Week 1 Test: Law Questions & Answers and more Exams Public Law in PDF only on Docsity!
TLETA Class 1879 Week 1 Test: Law Questions &
Answers | Questions with 100% Correct Answers |
Verified | Updated 20 25
Steps in State Court System ✔✔1. Arrest 2. General Sessions 3. Grand Jury 4. Trial 5. Appeal Levels of Criminal Proof ✔✔1. Mere Suspicion 2. Reasonable Suspicion 3. Probable Cause 4. Beyond a Reasonable Doubt Where do municipal traffic cases go? ✔✔Municipal court Where do defendant appeals go? ✔✔Civil circuit court judge Capias ✔✔Bench Warrant First Amendment ✔✔ 5 freedoms: speech, press, religion, assembly, petition Second Amendment ✔✔Right to bear arms Fourth Amendment ✔✔Protects against unreasonable search and seizure (persons, possession, property, papers)
Fifth Amendment ✔✔protects against self-incrimination Sixth Amendment ✔✔Right to speedy trial and to face accuser; protects against double jeopardy Eight Amendment ✔✔protects against cruel and unusual punishment (excessive bail) Fourteenth Amendment ✔✔States must follow federal criminal precedence; protection of rights Lineup ✔✔placing a suspect in a group for the purpose of being viewed and identified by a witness Showup ✔✔one-on-one confrontation between a suspect and a witness to crime Static photo lineup ✔✔All at once Sequential photo lineup ✔✔one by one 6 essential nutrients ✔✔fats, carbs, proteins, vitamins, minerals, water Function of proteins ✔✔essential for the growth, development, and repair of all body tissues
What changed in the history of police in 1700s? ✔✔Population growth, more crime; taverns, public drunkenness, prostitution became more prevalent; fewer volunteering for the watch What 3 cities began municipal policing in the 1800s? ✔✔Boston, NY, Philly Who was the Father of Modern Day Policing? ✔✔Sir Robert Peel (London) Who was the first female police officer? ✔✔Lola Baldwin (1908) from Portland, OR What occurred in policing in the 1960s? ✔✔lack of trust, most turbulent, Vietnam, Anti-gov. What occurred in policing in 1990s? ✔✔COPS formed (Community-oriented policing system) What was Theodore Roosevelt's (NY Police Chief) famous quote about crime? ✔✔"fighting the war on crime" Who is protected under the 4th Amendment? ✔✔EVERYONE EVEN ILLEGAL IMMIGRANTS Mere suspicion ✔✔The standard of proof with the least certainty; a "gut feeling." With mere suspicion, a law enforcement officer cannot legally even stop a suspect.
Reasonable Suspicion ✔✔Evidence that justifies an officer in stopping and questioning an individual believed to be involved in criminal activity; BE ABLE TO ARTICULATE Probable Cause ✔✔A reasonable ground to suspect that a person has committed or is committing a crime Arrest warrant ✔✔Order, in writing, stating the substance of complaint, directed to a proper officer, signed by a magistrate, and commanding the arrest of the defendant Arrest by Private Persons ✔✔Citizens arrest at own peril What class is first degree murder? ✔✔Higher than Class A (automatic 51 years) If it is not in the law... ✔✔it is not an offense Where is the criminal code located in TCA? ✔✔Vol. 7 Title 39 Title 39 Ch. 13 ✔✔Crimes against persons Title 39 Ch. 14 ✔✔Crimes against property Title 39 Ch. 15 ✔✔Crimes against Family
For reasonableness of search, the Fourth Amendment requires... ✔✔1. PC 2. Neutral/detached magistrate 3. Oath/affirmation 4. Particularly described beyond exclusion of all others Mapp v Ohio determined that... ✔✔Fourth Amendment could not be an empty promise, warrant is necessary TCA 40 - 6 - 101 ✔✔TN Search Warrants Rule 41 in TN Rules of Criminal Procedure ✔✔Search and Seizure Who can request a search warrant? ✔✔DA, ADA, Crim. Investigator, LEO Who has authority to issue search warrant? ✔✔Magistrate/judge with jurisdiction in county TCA 40 - 6 - 103 is basically the same as what Amendment? ✔✔Fourth Amendment 3 aspects of probable cause ✔✔crime, in what place will I be?, what evidence will I think I'll find? State v. Tuttle ✔✔Probable Cause for search warrant can come from totality of circumstances (including hearsay)
Fatal Flaws of a search warrant ✔✔1. Lack of PC 2. Failure to document date, time, officer 3. Less than 3 copies Who receives the 3 copies of the search warrant? ✔✔1. Left with judge 2. Left with defendant
- Given back to judge after warrant execution How many days does a search warrant? ✔✔ 5 days When does the search warrant begin? ✔✔ 12 AM the night after you get it Who may execute search warrant? ✔✔Only by officer directed by judge per warrant; others may aid in execution What is required for an execution of a search warrant? ✔✔Knock and announce What will happen if you do not knock and announce? ✔✔TN will throw case out!!!! What are the exceptions of the knock and announce? ✔✔1. Destruction of evidence 2. Safety of Officer 3. Useless Gesture What do strip searches entail? ✔✔Alter clothes to see genitalia, buttons, anus, etc.
Exceptions to searching with warrant (look over each individually) ✔✔1. Consent
- Search incident to arrest
- Frisk (Terry Stop)
- Exigent circumstances
- Plain view
- Open fields
- Protective sweep Other exceptions to search warrant law ✔✔Border patrol, THP commercial vehicle inspections, prisons, airports, military bases, TWRA inspections Are terry searches the same as stops? ✔✔NO! Scope of Search incident to arrest ✔✔a full search of the arrestee's person and the nearby physical area that was under the immediate control of the arrestee (lunge area) Aguilar-Spinelli Test/2-Prong Test ✔✔affidavit must detail informant's credibility and basis of knowledge Types of Informants ✔✔Fellow officer, citizen, criminal
What happened in 2016 in reference to the 2-prong test? ✔✔Switched to Totality of Circumstances; 2 prong still important Is an officer talking to a person a seizure? ✔✔No What are seizures per State v. Dibrell? ✔✔1. Pursuing individual
- Continuing to interrogate after person is not cooperating
- Renewing interrogation
- Verbal Orders
- Retaining ID
- Physically restraining/blocking citizens
- Displaying firearm During a SITA, can you search passenger compartment? ✔✔No When can you search passenger compartment? ✔✔1. If suspect has not been cuffed/stuffed
- If there is reasonable suspicion that there is evidence in it pertaining to the crime they are arrested for (contemporaneous with arrest) What is the purpose of inventory? ✔✔To protect property of suspect being taken into custody
Who has standing in a motor vehicle? ✔✔driver What makes an encounter consensual? ✔✔Voluntary, knowingly given, can withdraw and limit at any time, can decide scope of search (over what they have standing of) Moore's cell phone number for questions or comments about quizlet ✔✔ 6154976160
