Ch 2 Legal Aspects Of Investigation

Question 0

Three essential ingredients to an arrest :

Answer 0

Intention
Authority
Custody

Question 1

Criminal law is divided into two major components :

Answer 1

Substantive Criminal Law - deals with the elements describe and define a crime.

Procedural Criminal Law - understanding what and how things need to be done with the people involved in an investigation be it a victim, informant, or suspect. Changes more often than substantive. Deals with process of arrest, search/seizure, interrogation, confessions, admissibility of evidence, and testifying in court.

Question 2

Detention :

Answer 2

Temporary and limited interference with the freedom of a person for investigative purposes.

Question 3

Arrest Warrant :

Answer 3

Judicial order commanding the person to whom it is issued or some other person to arrest a particular individual and to bring that person promptly before a court to answer a criminal charge.

Question 4

Affidavit :

Answer 4

Written statement of the information known to the officer that serves as the basis for the issuance of the warrant.

Question 5

Herring V. United States:

Answer 5

Involved a warrant issued on erroneous information that the police did not know was in error.

Question 6

Probable Cause :

Answer 6

More than suspicion, but less than actual knowledge. It is suspicion plus facts and circumstances that would lead a reasonable person exercising ordinary caution to believe that a crime has been, is being, or about to be committed.

Question 7

Legal searches and seizures can be made :

Answer 7

• when a warrant has been issued
• with consent
• incident to arrest
• of a motor vehicle
• when an emergency exists (exigent circumstances)
• to conduct an inventory

Question 8

Search warrant :

Answer 8

Written order in the name of the state signed by a judicial officer, exercising proper authority and directing a law enforcement officer to search for certain specific property and bring it before the court.

Question 9

Important factor of consent search :

Answer 9

The crux of consent search is that it must be voluntarily given. Cannot be based on intimidation or threats.

Question 10

Fruits of the poisonous tree :

Answer 10

If evidence is seized illegally, any evidence from that point is tainted and is inadmissible.