Criminal Law Study Guide Practice Exam

What it takes to invoke the right to attorney?

"I may need an attorney," "I probably need an attorney," "adult defendant's mother says "We need an attorney." - does not qualify as invoking Miranda Rights

Use of force pertaining in Indiana, changes as required?

- A LEO is justified in using reasonable force if the officer reasonably believes that the force is necessary to affect a lawful arrest. However, an officer is justified in using deadly force in the officer: o Probable cause to believe deadly force is necessary To prevent commission of a forcible felony Someone who poses a threat to the LEO or a 3rd party o Has given a warning, if feasible, to the person against whom the deadly force is to be used.

A substantial step as it is used in the attempts statute?

- A person attempts to commit a crime but does not complete the crime successfully. - There is intentionality and knowingly but did not complete it. - Substantial step is more than mere planning → taking action.

3 Levels of civilian contact and the certainty for each?

- Arrest (Probable Cause) - Investigatory stop (Reasonable Suspicion) - Consensual Encounter (No Suspicion)

Exigent Circumstances

- Emergency situations that require immediate response by LEOs and no time to obtain a warrant.

protective sweep

- Facts are brought to your attention (5 senses) that there may be additional criminals located in a dwelling in which you are lawfully present, you may do a room to room sweep to locate those criminals for officer safety.

Statutory items that can be subject to a search warrant?

- Property which is obtained unlawfully - Property, the possession of which is unlawful (contraband) - Property used as the means of committing an offense or concealed to prevent the discovery of an offense (burglary tools) - Property constituting evidence of an offense or tending to show that a particular person committed an offense (any relevant evidence) - Person - Evidence necessary to enforce statutes enacted to prevent cruelty to or neglect of a child. - Dead bodies - Firearm possessed by a person who is "dangerous"

Minimum age to be a victim of incest

16

Criminal Organizations/Gangs-what must they do in recruitment to be a crime?

3 people necessary that specifically promotes in or requires as a condition of membership or continued membership. to intimidate someone into joining a gang for recruitment.

What amendment requires PC for arrest and search

4th Amendment

collective knowledge rule

A LEO may rely on information provided by another LEO and no further corroboration necessary

Unlawful employment near children. List Places a sexual predator cannot work

A Sexually violent predator or an offender against children who knowingly or intentionally works, with or without compensation, on school property, at a youth program center, or at a public park commits unlawful employment near children

. Acts that lead to impersonating a LEO?

A person intentionally deceives or induces compliance of another by pretending to be a public servant.

Bigamy

A person who is married, and knows his spouse is alive, marries again commits bigamy

Crime of assisting a criminal

A person who is not the relation of a parent, child, or spouse to who has committed a crime or is a fugitive of justice who, hinders the apprehension or punishment of the criminal, harbors, conceals, or otherwise commits assisting a criminal, a Class A misdemeanor (Aiding occurs during the crime, assisting occurs after the crime).

Voluntary Manslaughter

A person who knowingly or intentionally kills another human being with the existence of Sudden Heat ("Heat of Passion")

Interfering with EMT or Paramedic

A person who knowingly or intentionally obstructs or interferes with an emergency medical person performing or attempting to perform the emergency medical person's emergency functions or duties commits obstructing an emergency medical person

How can Arson be committed?

A person who, by means of fire, explosive, or destructive device (could be a bulldozer), knowingly or intentionally damages

Forgery

A person who, with intent to defraud, makes, utters, or possesses a written instrument in such a manner that it purports to have been made:

Are penalties for attempting to commit a crime that same as committing the crime?

An attempt to commit a crime is a felony or misdemeanor of the same level as the crime attempted.

Waiver of Miranda from adults and juveniles. What is additional for Juveniles?

Before interrogating juveniles you must ensure a guardian is present, both agree, you must give meaningful consultation, and you cannot have adverse intentions

Difference between civil and criminal case.

Civil charges are only punished by fees.

Burglary of dwelling and a building, what is the difference?

Dwelling is a residence and a building is just a building. Level 4 felony if burglary is committed to a dwelling rather than a building which is a level 5 felony

37. What constitutes fleeing LEO?

Flees from law enforcement after offer has, by visible or audible means, including operation of law enforcement officer's siren or emergency lights, identified himself or herself and ordered the person to stop;

When must an officer know what an object is under the plain feel doctrine?

Immediately

Consent

Must be given Freely and Voluntarily

Does uncorroborated statements from concerned citizens give probable cause?

No

If Miranda Rights are invoked, the officer cannot EVER question the suspect again?

No

Is an Electronic device a container, and if so can it be searched?

No

hot pursuit; Can an officer in hot pursuit across state lines for an infraction.

No, When pursuing a suspect in a vehicle the crime becomes a felony. You can cross state lines when the person committed a felony.

In a consensual encounter can you use reasonable force to detain the subject?

No, the subject can leave at any time at their free will.

. Verbally abusing or insulting a LEO enough for a crime?

No. unless a direct threat to an officer or another.

Are Mens Rea and Motive the same?

No; Mens Rea is the criminal intent. (knowingly, intentionally, recklessly) Motive is the reason behind the crime.

Exigent Circumstances

Occurs when a LEO has probable cause and not enough time to secure a warrant. •Exigent circumstances usually include: •Belief that a suspect will flee to avoid arrest; •Imminent destruction of evidence •When a violent crime has occurred and immediate entry by LEOs will prevent further injuries or aid those who have been injured; •Prevent bodily harm or death; •To protect private property; or •Hot/Fresh pursuit.

When must LEO Knock and Announce?

Officers must knock and announce their authority and purpose to search. (name, dept.)

2 methods to bring Criminal Charges in Indiana?

Probable Cause Affidavit and Indictment. PC most common.

Who had burden of proof in Criminal Cases?

Prosecutor/State

What role does officer's motive play in Use of Force?

The officer's intent or motive is irrelevant to excessive force questions; however, it may be relevant to punitive damages, liability under other laws, or credibility. (Graham v. Connor (1989))

Elements of Cruelty to an Animal

The person knowingly or intentionally tortures or mutilates a vertebrate animal

When can a suspect lawfully resist LEO while being arrested?

Unconstitutional arrest or excessive force

When is an officer most likely to cross the line between reasonable and obsessive force.

When an officer loses his integrity

Two triggers to mirandize a subject?

When arrested and when they are interrogated

Statutes

Written laws that are enacted by the legislative section of a government body.

Case Law

Written opinions in the form of case decisions that apply to a specific set of circumstance, authored by one judge or a panel of judges

Can automobiles be frisked?

Yes

Does possession of an E-Cig count against a minor under 18?

Yes

Does refusal to remove hands from pockets give enough pc to conduct a terry stop?

Yes

Growing and possessing Marijuana the same charge?

Yes

Is curfew violation a juvenile delinquent act?

Yes

Is it a possible crime to deal in counterfeit drugs in Indiana?

Yes

When serving a search warrant, you have everyone gathered in one room, at this time can you do a Terry frisk/search?

Yes

Can officers use devices to enhance sense for plain view?

Yes - flashlights, binoculars, camera, listening devices.

Can parents give consent to search their kids room?

Yes, unless the child has made it a point that no one is allowed without permission into the room.

Is it possible today to search the vehicle for evidence to help with the arrest.

Yes, you can search the vehicle as long as you have reasonable suspicion that there is more evidence inside of the vehicle

Concept of forcible resisting, what it takes?

forcibly resists, obstructs, or interferes with a law enforcement officer or a person assisting the officer while the officer is lawfully engaged in the execution of the officer's duties;

Who has the burden of proof/challenge for search warrants?

suspect or the person who is the subject of the search warrant.

Indiana evidence rule 617.

when interviewing someone suspected of a felony the interview must be conducted at a place of detention, with audio, and with video. The exception to this is if the suspect gives admission during the book in process, suspect request you don't record, or conducted outside the state.

Probable Cause for Arrest

where the officer has knowledge of facts and circumstances that would warrant a man of reasonable caution to believe that a suspect has committed the criminal act in questions.

Constitution

written document with fundamental rules of a political (or social) organization - the basic principles and laws of a nation/state.

Time limit for search warrants?

•10 days- from exact time it was issued

Weights and time limits for purchasing ephedrine and pseudoephedrine according to Indiana Law?

•3.6 ounces in a day •7.2 ounces in a month •61.2 ounces in a year

When has a person been seized?

•A person has been seized if, under the totality of the circumstances, a reasonable person would believe that he is not free to go.

What are penalties in aiding in the commission of a crime?

•A person knowingly or intentionally aids, induces, or causes (forcing someone to shoot someone else or they themselves would be shot) another person to commit an offense → They also commit the crime in the eye of the law even if: ◦The person has not been prosecuted; ◦Not convicted; ◦Or has been acquitted of the offense. Charged the same as the person who committed the crime.

Elements of Intimidation

•A person who communicates a threat to another person, with the intent: ◦That the other person engage in conduct against the other person's will; ◦That the other person be placed in fear of retaliation for a prior lawful act; or ◦Of causing ◾A dwelling, a building, or another structure; or ◾A vehicle; ◦To be evacuated;

Public Intoxication and additional elements that lead to the charge

•A person who is in public where children can see them if the person; ◦Endangers the person's life. ◦Endangers the life of another. ◦Breaches the peace or is in imminent danger of breaching the peace; or ◦Harasses, annoys, or alarms another person;

Theft

•A person who knowingly or intentionally exerts unauthorized control over property of another person, with intent to deprive the other person of any part of its value or use commits theft, a class A Misdemeanor. ◦Level 6 Felony if value is $750 to $49,999 ◦Level 5 Felony is value is $50k or above

For rape to apply-consent must be withheld and what other factors?

•A person who knowingly or intentionally has sexual intercourse with another person or who knowingly or intentionally causes another person to perform or submit to other sexual conduct when: ◦The other person is compelled by force or imminent threat of force; ◦The other person is unaware that the sexual intercourse is occurring; or ◦The other person is so mentally disabled deficient that consent to sexual intercourse cannot be given;

Murder

•A person who knowingly or intentionally kills another human being commits murder

Bestiality

•A person who knowingly or intentionally performs an act involving: (1) a sex organ of a person and the mouth or anus of an animal; (2) a sex organ of an animal and the mouth or anus of a person; (3) any penetration of the human female sex organ by an animal's sex organ; or (4) any penetration of an animal's sex organ by the human male sex organ

Statute for Kidnapping?

•A person who knowingly or intentionally removes another person, by fraud, enticement, force, or threat of force, from one place to another commits kidnapping, a Level 6 felony. Becomes Level 2 felony if intent to gain ransom

Robbery

•A person who knowingly or intentionally takes property from another person or from the presence of another person: ◦By using or threatening the use of force on any person; or ◦By putting any person in fear;

Is it a felony or misdemeanor for Battery on a LEO?

•A person who knowingly or intentionally touches another person in a rude, insolent, or angry manner commits battery, a Class B misdemeanor. ◦Level 6 Felony is committed against a public safety officer (LEO)

Crime of Pointing a Firearm, distinct between felony and misdemeanor

•A person who points a firearm at another person commits a Level 6 felony ◦Class A misdemeanor if the firearm was not loaded.

Elements of strangulation

•A person who, in a rude, angry, or insolent manner, knowingly or intentionally: •Applies pressure to the throat or neck of another person; or •Obstructs the nose or mouth of another person; •in a manner that impedes the normal breathing or the blood circulation of the other person commits strangulation, a Level 6 felony.

Basis of Officer's personal knowledge in context of PC?

•A personal observation, and/or •Knowledge/Training/Experience

5.-Confession-

•A written or verbal statement by an accused acknowledging all of the elements of the crime.

-Admission-

•A written or verbal statement by an accused acknowledging one or more, but not all the elements of a crime.

Abandonment, what circumstances lead to it?

•An expectation of privacy is a question of intent which may be inferred from words spoken acts done, and other objective facts. ◾Bag with sawed off shotgun that suspect claimed was owned by someone else. ◾Hotel room after the rental period has expired. ◾Vehicle left by suspect as he ran from LEOs. ◾LEO orders suspect to halt; suspect drops bag (with cocaine inside). •Trash ◦To search trash, LEO must show: ◦Reasonable suspicion that illegal activity is or has been taking place; ◦The trash must be retrieved in substantially the same manner as trash collectors

Burden of proof, is this the level of certainty/What is the difference between standard of proof and burden of proof.

•Burden of proof is not a level of certainty. That's where standard of proof and burden of proof differs. Burden of proof is the duty for the state to provide the proof.

Difference between burglary and residential entry.

•Burglary is when you can prove one has the intent to commit a felony, or commit theft. Residential Entry is entering a building or dwelling without the intent of committing a crime.

Anything prohibiting asking for consent to search after seatbelt stop?

•For all traffic stops asking for consent to search at the end of the stop is allowed. ◦Exception. seatbelt violations, and window tint violations◦ However, if during a seatbelt stop a LEO develops reasonable suspicion of other criminal activity, then we can request consent.

Resisting Law Enforcement

•Forcibly resists, obstructs, or interferes with a LEO or a person assisting the officer while the officer is lawfully engaged in the execution of officer's duties; ◦Misdemeanor on Foot ◦Felony when using a vehicle.

4 Sources of Hearsay for PC. Do crime victims and eyewitness need corroboration?

•Hearsay from victims: requires no corroboration •Hearsay from informants. requires no corroboration. •Hearsay from concerned citizens. Would need corroboration. •Hearsay from eyewitnesses: requires no corroboration

What is staleness of search and seizure and its effect on PC?

•If the information known to the LEO is too old it is called "stale" and will not provide probable cause for a search. ◾The nature of the items sought. •Ex: dope is not thrown into a freezer and kept for 6 months, but a 6 ton safe could be still there for a couple weeks. •Items which are known to be contraband ◾The nature of the criminal activity. Ongoing activity is less time sensitive than a single event. •Ex: a bank robbery is only going to happen (normally) once, a chop shop is ongoing criminal activity ◾Mobility or concealability of the item. •Ex: Vehicles are more mobile than a large vault Consumability of the item. Items that are used quickly versus items kept for a long time.

contractual interest

•Not having a contractual interest in the property, knowingly or intentionally enters the real property of another person after having been denied entry by the other person or that person's agent; •Not having a contractual interest in the property, knowingly, or intentionally refuses to leave the real property of another person after having been asked to leave by the other person or that person's agent;

Drafting a Probable Cause Affidavit TOP INFO and what other info to include

•Particularly describe the house or thing to be searched •Particularly describe the things to be searched for •Allege the criminal offense suspected; •State that the affiant believes the things sought will be found there; •State the facts that the affiant believes constitute probable cause.

Neglect as it applies to CHINS

•Physically or mentally in danger. ◦Food, clothing, shelter, medical care, education, supervision

Arrests you can make without seeing the misdemeanor?

•Probable cause to believe that the person has committed or attempted to commit a felony; •Probable cause to believe that the person has committed a DUI, or leaving the scene of a personal injury or property damage accident; •Probable cause to believe that the person has committed a misdemeanor in the LEO's presence; •Probable cause to believe that the person has committed battery causing bodily injury or domestic battery (the LEO may use an affidavit from an eye witness for this purpose); •Probable cause to believe the person has committed invasion of privacy;

What has to be on the face of the arrest warrant?

•Specify the name of the person to be arrested, or if his name is unknown, shall designate such person by any name or description by which he can be identified with reasonable certainty; ◦Set forth the nature of the offense for which the warrant is issued; ◦State the date and county of issuance; ◦Be signed by the clerk or the judge of the court with the title of his office

Meaningful Consultation

•The adult and child must have the ability if it is wanted to talk in private (no recording) about waiving their rights and about the event itself - they can waive the opportunity)

Graham v Connor gave us use of force from who's perspective.

•Through the officer's perspective.

Overarching purpose of the juvenile justice system.

•To rehabilitate juveniles.

Elements allowing a Carroll Search/Doctrine?

•When LEO has PC to believe that a vehicle contains contraband or evidence of a crime, the vehicle may be searched w/o a warrant due to the mobility and likely disappearance of the vehicle.

sexting-Romeo and Juliet/what makes it a crime?

•Whenever it is shown to someone else or distributed. ◦Sexting is the creation and sharing of sexually explicit materials through cell phones, social media, and other digital media •Defense ◦Romeo and Juliet - within 4 years

Can the suspect limit the scope of a consent search.

•Yes they can determine what you search, how long you search and where when they give you consent to search.

what someone can say to you before you can go hands on

•You can go hands on with an individual the moment that they personally threaten you.

curtilage and its concept for a search warrant?

•the immediately surrounding area associated with the home (ex: detached garage, shed à barns are not included seeing how farming is a business and the barn is part of the business, therefore separate from the house) ◦Factors of Curtilage Whether the area is enclosed ◾How the area is used; and ◾Steps taken to keep it out of public view

Delinquent child

•under 18 and commits a crime

3. When does qualified immunity not protect a LEO?

•when the conduct complained upon violates Constitutional and statutory rights of which a reasonable person should have known. Excessive force.

How does it differ from Disorderly Conduct?

◦Engages in fighting or in tumultuous conduct; (fighting does not include verbal arguments - must have physical contact, like spitting) ◦Makes unreasonable noise and continues to do so after being asked to stop; or ◦Disrupts a lawful assembly of persons;