Post Study Guide #9

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Knowingly causing the death of a child under the age of 12 by one in a position of trust with respect to the victim is expressly designated as
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Murder in the first degree
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Selling/ exchanging/ bartering/ leasing of children is the crime of
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Trafficiking in children
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Concerning sexual activity with children, if a victim is 15 years old but younger than 18 years old, it is an affirmative defense that the actor, who is at least four years older than the victim \”reasonably believed the child to be 18 years or older.
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True
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The crime of domestic violence may encompass which of the following crimes
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assault sex offense harassment
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A defendant cannot plead to a non-domestic violence crime unless the prosecuting attorney, on the record, represents that an intimate relationship cannot be proved beyond a reasonable doubt
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true
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Evidence of prior acts of domestic violence between the same parties is in a domestic violence crime prosecution
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admissible
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At risk adult means any person who is:
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70 years of age or older any person over the age of 18 with a disability
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\”at risk juvenile\” means
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under the age of 18 with a disability
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Courts are to hear any case involoving an at risk person
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as soon as possible
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Phil takes $5,000 from his grandfather who is 75 years old, and puts the money into his account to qualify for a new auto loan. He then puts it back. Phil would most likely be charged with
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criminal exploitation of an at-risk elder
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Colorado law requires a defendant of a mandatory protection order to relinquish any firearm or ammunition not more than hours after being served with the order.
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24 hours
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Party A arranges a meeting of persons for the purposes of prostitution and accepts $100.00 for doing so. Party A commits the crime of
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Pandering for prostitution
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Hilde, a street prostitute, tells Eddie that she will pay him $20.00 for every \”john\” he sends to her motel room . Eddie does so. Eddie commits the crime of
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pandering
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The difference between pimping and pandering is:
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pandering requires actual involvement in arranging the act of prostitution, pimping doesn’t
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For purposes of the indecent exposure statue, the term genitals includes
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reproductive organs
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Florida V. Royer
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Determined that officers do not violate the 4th Amendment when officers approach and engaging them in voluntary conversation.
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People vs. Begay
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When a trial court is trying to make a determination as to whether a person is in custody or not they are to look at the following non-exclusive factors.
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People Vs. Thomas
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The test for determining if the encounter was consensual would be whether a reasonable person would believe he or she is free to leave and disregard the officials request for information.
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People vs. Johnson
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The test really amounts to an examination of whether the police officer, even if making inquiries a private citizen would not, has otherwise behaved in a manner which would be perceived as an inoffensive contact if it occurred between two ordinary citizens.
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Terry Vs. Ohio
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Gave definition to the term Reasonable suspicion in these cases which authorizes and investigative detention and separately authorized the \”frisk\” of a person lawfully detained when the officer believe the subject is in possession of a weapon.
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Draper v US
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The use of reliable and accurate information from an informant was sufficient to establish probable cause despite the fact it was hearsay.
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Brinegar vs. US
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Defined probable cause as: \”Probable cause exists where the facts and circumstances within the officers knowledge, and of which they have reasonably trustworthy information.
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United States v. Meade
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Fellow Officer Rule , Under the fellow officer rule, law enforcement officials cooperating in an investigation are entitled to rely upon each other’s knowledge of facts when forming the conclusion that a suspect has committed or committing a crime.
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Illinois vs. Gates
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Where an anonymous tip is corroborated with actual police findings, a \”totality of the circumstances’ approach is an appropriate way of determining probable case instead of using the two pronged test of \”veracity/reliability\”
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Katz v US
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No longer legal to tap phones Katz took bets in a phone booth Listening device put in phone booth 4th Amendment protects against electronic monitoring of phone convos Illegal is person has reasonable expectation of privacy that’s violated -Expectation of privacy is greatest at home and limited in other settings
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U.S. v. Drayton (2002)
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police officers are not required to inform a person of their right to say \”no\” when they are asked to consent to a search
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Georgia v. Randolph
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The police may not reasonably rely on the consent by a co-tenant who is physically present where the other co-tenant who also is physically present refuses to consent to the search.
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Fernandez v California
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only difference from Randolph was physical presence guy who said no was arrested in relation to a robbery court that the Randolph standard is right – if objector is not present and someone else with authority consents its ok
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People v. Sotelo
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An unauthorized driver of a rental car, and the passenger, have standing to contest a search of packages in the car. The Fourth amendment gives standing to the owners of the packages separate from standing to contest a search of the vehicle itself.
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Carroll v. U.S.
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First significant case concerning warrant less search of a vehicle if reasonable belief that contraband is present is valid. Because warrant wouldnt be practicle since the vehicle can be moved quickly
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U.S. v ROSS
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if probable cause of another offense arises during a routine vehicle/traffic stop, every occupant and every part of the vehicle and its contents, including closed and locked containers in the vehicle, may be searched
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People v. Zuniga
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In this interlocutory appeal, the supreme court reverses the trial court and holds 15 that the odor of marijuana is relevant to the totality of the circumstances test and can 16 contribute to a probable cause determination. Even though possession of one ounce or 17 less of marijuana is allowed under Colorado law, many marijuana-related activities 18 remain unlawful, meaning the odor of marijuana can support an inference that a crime 19 is ongoing. Under the facts of this case, the court concludes that there was probable 20 cause to search the vehicle for illegal drugs in light of the two occupants’ divergent 21 stories about their time visiting Colorado, their \”extreme\” nervousness, the strong odor 22 of raw marijuana coming from the vehicle, and a drug-sniffing dog’s alert.
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Chimel v. California
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Wing Span Officers can only search a residence outside of the arrestee’s immediate control if there is reason to believe that evidence may be destroyed or that there is an imminent threat of harm to arresting officer
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New York v. Belton
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Officer may search passenger compartment of vehicle if the arrestee is the occupant of a motor vehicle Contents of any container in compartment are subject to seizure
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Arizona v Grant
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Grant had a warrant for his arrest. Police showed up at his house when he pulled up they recognized his car and saw him. They arrested him after he got out of his car and searched his car. They found a gun and drugs. The search was unreasonable because he was not in reaching distance of the passenger compartment at the time of the search because he was in the police car at the time of the search.
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Riley v. California (2014)
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unanimous opinion of S Ct. holding that warrantless search and seizure of digital contents of a cell phone during an arrest is unconstitutional. chief justice John Roberts delivered the opinion of the court and commented that cell phones for many Americans hold the privacies of life and is no therefore they are protected under the 4th amendment. No saying you cant get data, you just need a warrant first.
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Arizona v. Hicks
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Moving stereo equipment to see and record serial numbers was an unlawful search Police may not further disturb or investigate to determine the evidentiary value of the item
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Horton V. Califorina
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The Fourth Amendment does not prohibit the warrant less seizure of evidence in plain view, even though the discovery of the evidence was not inadvertent. Although inadvertence is a characteristic of most legitimate plain view seizures, it is not a necessary condition.
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Minnesota v Dickerson
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Officer sees man come out of crack house, pats him down feels somethng in his pocket. then takes the thing out of his pocketand its crack. Opinion: this is unconstitutional bc since the officer conducted further search to make sure that the object was cocaine, he clearly went beyond his limits. he is allowed to frisk underterry and doa pat of things in plain sightbut taking out of pocket went too far
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People v. Alameno
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Under the plain view doctrine, the police may seize an item that is plainly visible without a proper search warrant, so long as 1. the initial intrusion by the police is legitimate 2. The police have a lawful right of access to the object seized 3. the police have a reasonable belief that the evidence seized was incriminating.
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People v. herrera
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The trial court concluded that Detective Slattery exceeded the scope of the warrant by clicking on the name to look at the messages.
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Missouri v. McNeely
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in drunk driving investigations, the ntural dissipation of alcohol in the bloodstream does not constitute an exigency in every case sufficient to justify conducting a blood test without a warrant
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People v. Ackerman
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Mail carrier and sheriff found out there were 140 tablets of LSD in a package so they did a sting operation but arrested him only 10 seconds or so after he got the package.
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Illinois v. McArthur
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Issue: whether the officers violated the person’s 4th amendment right while searching his home while preventing him to enter for about two hours while the officers obtained a search warrant. Ruling: the officers acted reasonably and did not violate McArthur’s rights because police had good reason to fear that he would destroy the drugs before they could return with the warrant.
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Cupp V Murphy
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Cupp killed his wife and was picking under his nails in the police station. They collected evidence and he claimed it was inadmissible. Ussc confirmed his conviction and declared a warrant wasn’t required
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United States v. Santana
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Facts: police were led to house by marked money. went onto mom santana’s porch; kicked the door in and came inside. found more marked bills outcome: 7-2 in favor of US impact: Upheld search; listened to States v. Watson. since she was on her porch when they arrived, she had no expectation of privacy. had probable cause to arrest and search her.
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Payton v. New York
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The Fourth Amendment prohibits the police, absent exigent circumstances, from making a warrantless non-consensual entry into a suspect’s home to make a routine felony arrest. Even probable cause that the person is home and not answering the door is not enough.
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Brigham City v. Stuart (2006)
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Police have the right to enter a house w/o a warrant if they have an objectively reasonable basis for believing someone may be seriously injured or threatened with such injury inside.
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Michigan v. Tyler
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-A business owned by Tyler and a partner was destroyed by a fire -Police returned to search on suspicion of arson, and did so on several occasions without a warrant -Courts held that the initial search was proper (because of emergency situation) but other searches
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Ker v California (1963)
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exigent circumstance- warrantless entry into home, fear that she would destroy or hide weed.
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Colorado V. Vaughn
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Three step analysis to determine whether the inventory of a vehicle is valid and not a search: 1. Was the stop based upon reasonable suspicion 2. Was the officers arrest of the drived based on probable cause? 3. Was the resulting inventory of the vehicle conducted pursuant to a standardized departmental policy
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COLORADO v BERTINE
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a vehicle that has been impounded by police officials can be searched in its entirety; all items found in the vehicle, include closed and locked items, may also searched
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CALIFORNIA v GREENWOOD
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garbage containers outside of the curtilage of the home are considered abandoned and may be searched without a warrant and without cause

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