There are 7 1) Consent 2) Stop & frisk 3) Search incidental to lawful arrest 4) Auto search 5) Exigent circumstances 6) Plain view 7) some administrative search
What is Exceptions to search warrant requirement
It shall be unlawful for any person who is not a police officer, without authority, to wear the uniform or any distinctive part thereof or anything similar to a distinctive part thereof which has been designed and approved by the police chief or the chief's designee as a uniform for police officers of the City of Atlanta.
What is Impersonating or wearing uniform of police officer 106-4
The occurrence of one or more of the following acts between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster childrenm or other person living or formerly living in the same household.
What is Family Violence
It is a stronger standard of evidence than reasonable suspicion, but weaker than what is required to secure a crimimal conviction
What is Probable Cause
A person commits this offense when he unlawfully and with malice aforethought, either express or implied, causes the death of another human being.
What is Murder 16-5-1
Can only enter without warrant to aid injured person or to prevent injury.
What is Searches of places and things: Emergency aid exception
It shall be unlawful for any person to furnish to any other person any identification material which contains or makes reference to age, with the intent that such material be used by any person for the purpose of falsely representing the age of such person, so as to violate or foster the violation of an ordinance of the city.
What is Furnishing identification containing reference to age 106-5
The baby mother intentionally makes physical contact in a insulting and provoking nature with the father of her children and is charged accordingly
What is Simple Battery
This doctrine allows a police officer to make an arrest on a minor traffic violation because the officer can see a marijuana plant on the back seat.
What is The Plain View Doctrine
A person commits this offense of when he causes the death of another human being under circumstances which would otherwise be murder and if he acts solely as the result of a sudden, violent, and irresistible passion resulting from serious provocation sufficient to excite such passion in a reasonable person; however, if there should have been an interval between the provocation and the killing sufficient for the voice of reason and humanity to be heard, of which the jury in all cases shall be the judge, the killing shall be attributed to deliberate revenge and be punished as murder.
What is Voluntary Manslaughter 16-5-2
1) Does the officer have reasonable suspicion? 2) that the person is armed and dangerous? 3) and the reasonable suspicion based on specific articulable facts
What is The Terry test
No person shall register at any hotel, motel or other place of lodging requiring registration in the city under an assumed name, or any name other than that by which such person is commonly known.
What is Registering under assumed name 106-6
The baby father intentionally causes substantial physical visible harm to his baby mama and is charged accordingly
What is Battery 16-5-23.1
The driver of a vehicle throws out the window of his vehicle two bags of a controlled substance onto a city street and charged accordingly.
What is Adandonment 16-13-3
A person commits this offense in the commission of an unlawful act when he causes the death of another human being without any intention to do so by the commission of an unlawful act other than a felony. A person who commits the offense of involuntary manslaughter in the commission of an unlawful act, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten years
What is Involuntary Manslaughter 16-5-3
Protects against 3 abuses 1) second prosecution for same offense after acquittal 2) second prosecution for same offense after conviction 3) multiple punishments for same offense.
What is Double jeopardy
No person shall enter or remain in any public, private or parochial school building between the hours of 7:30 a.m. and 6:00 p.m. on days that school is in session, or until 10:00 p.m. at those schools which have extended sessions, who is not a regularly-enrolled student, teacher or employee at that school, unless the person shall have first and immediately proceeded to the administrative offices and been identified to the principal or the principal's agent and received written permission to remain on the premises.
What is 106-82. - Unauthorized persons entering school buildings
The baby mama is taken from her house to the baby father house and she is locked in the basement.. the baby father is arrested and charged accordingly
What is Kidnapping 16-5-40
There is 10 pounds of marijuana in the trunk of the vehicle and the driver is charged accordingly
What is Trafficking
In order to be a homicide punishable under this article, death need not have occurred within a year and a day from the date of the injury alleged to have caused such death.
What is Time elapsed between injury and death 16-5-4
Prevents the prosecutions admission at trial of evidence gathered in violation of the 4th, 5th & 6th amendments
What is The Exclusionary rule
is an act or action performed by an individual that meets the following three criteria: a.Is an in-person request of another individual, either orally or by gesture; and b.The request is for an immediate distribution of money or anything of monetary value; and c.The request occurs on public property, including, without limitation, city streets, sidewalks and parks
What is 106-85. Monetary solicitation
•There is reasonable belief by law enforcement that an abduction has occurred. •The law enforcement agency believes that the child is in imminent danger of serious bodily injury or death. •There is enough descriptive information about the victim and the abduction for law enforcement. •The abduction is of a child aged 17 years or younger. •The child’s name and other critical data elements, including the Child Abduction flag, have been entered into the National Crime Information Center (NCIC) system
What is The Amber Alert
In this case law the US Supreme Court held that officers may search a stopped automobile without a warrant if there is probable cause to believe that contraband or other evidence of a crime if within the vehicle and it is not practicable to secure a warrant
What is Carroll v. United States
This case law decided that a criminal defendant has a Sixth Amendment right to counsel at a lineup held after indictment.
What is United States v. Wade
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