Standards of Proof
Reasonable Suspicion, Probable Cause, Preponderance of the Evidence, and Beyond a Reasonable Doubt
What are the standards of proof?
Intent, Authority, Custody and Recognition
What are the 4 elements of arrest?
The rule that prohibits introduction in court of evidence which has been seized in violation of the fourth amendment.
What is the Exclusionary Rule?
Law that provides authority for police and peace officers to stop and question an individual under certain circumstances and if necessary, conduct a frisk under very limited circumstances.
What is the Criminal Procedure Law?
If an offender is in custody and will be interrogated.
What are the guidelines for administering the Miranda Warning?
Dismissal of charges
What can occur if an officer arrests an individual without reasonable cause to believe?
When an offender is brought within the control and will of an officer
What constitutes an arrest?
When searching incidental to arrest, when there are exigent circumstances, when consent is given, or if evidence is found in plain view
When is a search warrant not required?
The level of proof that exists when an individual is reasonably suspected of having committed, is in the process of committing or is about to commit a crime as defined in the penal law.
What is reasonable suspicion?
When freedom is restrained in any significant way and questions requiring incriminating answers are asked.
What is custodial interrogation?
The level of proof that is necessary for a Police Officer to arrest an individual or to support an application for a search warrant.
What is Probable Cause?
While acting pursuant to their special duties, where the officer has reasonable cause to believe such person committed such offense in their presence, or for a crime, regardless if committed in the officer’s presence or not.
When can a Peace Officer make an arrest?
A valid arrest, made in good faith, and the search must be limited in time, intensity, and scope
What is required when conducting a search incident to a lawful arrest?
The “patting down” of outer clothing
What is a Frisk?
Voluntarily, knowingly, and intelligently
What is required to waive counsel?
The level of proof required to render a finding in a civil case proceeding or a Violation of Probation Hearing.
What is Preponderance of Evidence?
A process issued by a local criminal court directing a police officer or a peace officer to arrest a defendant designated in an accusatory instrument and to bring him before such court in connection with such instrument.
What is an arrest warrant?
Extreme intoxication, Mental incapacity, Incapacity due to age, Request for legal council, Coercion or duress, or False promise/fraud
What factors can make a consent search invalid?
Personal observations, experience, and training, Information from other law enforcement sources, Information from informants, Knowledge about a person, Location, Time of day and Visible activity.
What are the factors which an officer may rely on to justify a stop and question?
Federal and State laws as well as the U.S. Constitution.
What regulates police interviews and interrogations?
The level of proof required in order to find an individual guilty of the offense for which he or she has been tried.
What is Beyond a Reasonable Doubt?
Only the amount of force needed to gain compliance and no additional force.
How much force should be used when taking an offender into custody?
The person who has the expectation of privacy.
Who is authorized to give consent for a consent search?
Type of crime, Time of day, Knowledge of the suspect’s background or character, Location, Personal observation, experience, and training, Information received from another, Response of suspect upon being approached, and Visible activity.
What are the factors which an officer may rely on to justify a frisk?
The fifth amendment (right to remain silent) & the sixth amendment (right to a speedy trial)
Which 2 amendments regulate interviewing and interrogation?