Cases
Child "uses" a deadly weapon by making threats about shooting the principal and shooting up the school after a CO2 cartridge is found after a search, this is the appropriate charge.
What is Aggravated Assault?
The law that allows individuals to leave an infant under 90 days old at a hospital, police station or fire station.
What is the Safe Haven Act?
A defendant is read his rights and says he wants a lawyer and does not have anything to say. The officer anticipated this and shifted to a plan to ask the defendant his favorite Bible verse. A subsequent confession is ruled as this.
Inadmissible because the plan was made to get incriminating statements under the guise of using small talk.
The US Supreme Court has held entry into a residence following a suspect for a misdemeanor offense is justified only when this exists.
What are exigent (emergency circumstances)?
A 17 year old assists a 12 years in the commission of a crime.
What is contributing to the delinquency of a minor?
At 3 am a person drives over 70 mph on slippery wet roads while attempting to avoid being stopped by a police officer and crashes into a road sign. This charge was upheld.
What is aggravated fleeing?
The law which requires all persons arrested for certain crimes to provide a DNA sample
What is The DNA Identification Act?
A child aged 13 years 8 days is interrogated in custody and makes statements which connect him to a murder, because he is over 13 there is a chance the statement can be used if the court finds the evidence clear and convincingly shows this.
What is that the child had the maturity to understand rights and had the force of will to insist on exercising those rights?
The emergency aid doctrine and public servant doctrine are often referred to as community caretaker exception- this one applies to homes and that one to automobiles
What are emergency aid (homes) and public servant (automobiles)?
When a person films their intimate body parts and displays the photo on a cell phone and hands the phone to a 15 year old girl to look at.
What is criminal sexual communication?
A security guard for a heath care facility is punched in the chest while he keeps a person from leaving the facility. This is the appropriate charge.
What is Battery on a Health Care Worker?
This law says, "Upon request of the victim, officers shall accompany the victim to the victim's residence to obtain the victim's clothing, and other personal effects"
What is The family violence protection act.
A juvenile is questioned by a police Captain without Miranda warnings and confesses. The Captain then tells a detective to take the defendant, read him Miranda and have him repeat what he said. The Court ruled the confession was NOT admissible because of this reason.
What is that it was a continuous confession?
Articulable facts that are more than a hunch or gut feeling.
What is reasonable suspicion.
When a 33 year old extends his hand to a 16 year old and then forces her into a hug, and when letting go brushes his hand across her chest and squeezes her breast.
What is criminal sexual contact?
A man tries to pry off a window screen from a residence but stops when he sees someone inside the residence looking at him. This is the correct charge.
What is Breaking and Entering?
An administrative hearing under this act is another tool to address sales of alcohol to minors.
What is the Liquor Control Act?
A 16 year old child in parked in a suspicious manner so officers are dispatched and talk to him and notice the odor of alcohol on his breath; bloodshot, watery eyes, and slurred speech and he has BAC of .14 .15. The Child is detained and then asked how much he had to drink. The court ruled this.
What is the statements of a detained juvenile “without first advising the child of the child’s constitutional rights and securing a knowing, intelligent and voluntary waiver are inadmissible?
The test used to determine is an officer has reasonable suspicion.
What is totality of the circumstances?
When a man on the street runs by a fully clothed 19 year old, grabs her clothed breast and keeps running.
What is battery?
Offender breaks into an unoccupied house that is under construction, does not have electricity or running water but the owner does stay in the house at times and has a cot, grill and tools set up. This is the correct charge.
What is burglary? (dwelling)
The Misdemeanor Arrest rule sets for what general rule?
What is An arrest for a misdemeanor can be made only if it occurs in the officer's presence.
Police are present when a principal questions a 17 year old student. The court ruled Miranda warnings were required because of this.
New Mexico used this rationale to protect the contents of a sealed dark bag of trash in a motel dumpster from a search without a warrant.
What is an expectation of privacy?
When a person drives under the influence of an intoxicating liquor or drug and strikes a car with children inside and kills the children inside.
What is homicide by vehicle?