Consular Notification
How long do you have to notify a country with a mandatory notification?
72 hours
Beck v. Ohio, 379 U.S. 89 (1964)
If subjective good faith alone (of probable cause) were the test, the protection of the Fourth Amendment would evaporate, and the people would be ‘secure in their persons, houses, papers, and effects’ only in the discretion of the police
Failure of defendant to respond to the action
Default Judgment
What are the four steps of arrest
Temporary Detention, Probable Cause, Arrest, Full Custody Search
Four Factors of Curtilage
Proximity, Enclosed, Use, Sight Screening
What are the steps to take when arresting a foreign national?
US v Sokolow, 490 US 1 (1989)
Reasonable suspicion is based upon the totality of the circumstances and is less burden than Probable Cause
What is the punishment for contempt of court for courts other than JP and municipal
Fine not more than $500 and jail not more than 6 months
What is the Totality of the Circumstances Test
Probable Cause that defendant committed crime and defendant in a suspicious place
What are the 6 different types of exigent circumstances
Emergency, Evidence Destruction, Officer Safety, Protective Sweeps, Motor Vehicle, Hot/Fresh Pursuit
What is the consular’s official access?
Visit, call, write, follow regulations of detention facility
Florida v. Royer, 460 U.S. 491 (1983)
Consensual Encounters
Courts created by acts of the state legislature
Courts at Law
Arrested without a warrant for a misdemeanor and detained in jail, the bond can’t exceed how much
$5,000
Not later than _______ after executing search warrant must a return be made
3
Right to privacy does apply to mandatory notification of foreign nationals covered by a bilateral treaty
False
Brigham City, Utah v. Smart, 126 US 1943 (2006).
Exigent circumstances such as breaking up a violent fight permit warrantless entry into dwelling without a warrant (Warrantless Search)
_________ __________ that occurs outside the presence of the court is called constructive contempt
Objectionable Behavior
What are the 6 Miranda Issues
Coercive Factors, Waivers, Invocations, Reinitiating, Exceptions, Violations
How long do you have to execute warrant for DNA? Electronic Data? Other things not covered?
DNA – 15, Electronic Data – 10, Other - 3
What is the purpose of VCCR and bilateral treaties?
To ensure that a foreign national isn’t placed in a situation in which he cant receive assistance from his own government
Kentucky v. King, 563 US 452 (2011);
Peace officers cannot create the exigency by engaging or threatening to engage in conduct that violates the Fourth Amendment, in this case, the officers did not create the circumstances, the reaction of the occupants of the apartment did (Warrantless Search)
How is jurisdiction determined for Civil Case
Determined by amount of compensation sought
Magistrate may postpone release of persons for not more than ______ hours after arrest
48
Child may not be photographed or fingerprinted without consent from who
Juvenile Court