Criminal Procedures BLEA Latest 2024 Graded A+

Criminal Procedures BLEA Latest 2024 Graded A+ Bench Trial Judge is the trier of fact/law Federal Courts One judge per case U.S Court of appeals Three justices U.S Supreme Courts Nine justices per case State courts Municipal, District, Superior, Appeals, and Supreme Municipal court Misdemeanor/ civil District court County jurisdiction. Misdemeanor/ Gross misdemeanor Superior court Felony, civil, and juvenile Reasonable suspicion Articulable facts and circumstances that would lead a reasonable and prudent officer based on their training and experience to believe criminal activity is afoot. Social contact Seizure-less contact Three ways an officer can be held liable Criminally, civilly, and departmentally Substantive law Elements of a crime/ mental states for that crime Procedural Law Procedure to be employed in governmental affairs Criminal Rule 3.1 Right to attorney (paid) Pre-text stop Legal justification to make a stop for something unrelated and more serious. Tennessee V. Garner (2 Prongs) Suspect presented imminent danger to the officers or to the public. No reasonably effective alternative to the use of deadly force appeared to exist Article 1 Section 7 No person shall be disturbed in his private affairs, or his home invaded without authority of law. Criminal prosecution threshold Beyond a reasonable doubt Two prongs of Miranda Custody Interrogation Three branches of government Legislative, Executive, Judicial Public duty doctrine Duty owed? Duty breached? Actual damages suffered? Was the duty breached the cause for damages suffered? Four Elements of an arrest Authority Intent Understanding Custody Civil action threshold Preponderance of the evidence Trier of the law Responsibility of the judge Qualified/ Good Faith Violate clearly established case law? Would a reasonable officer have concluded your actions reasonable? Trier of the jury Judge or jury Jury Trial Trial by your peers Article 1 Section 1 People have the power Article 1 section 3 Due Process Graham V. Connor Severity of the crime Level of resistance Threat to officers/ Public Criminal Procedures Criminal procedures is the way in which peace officers lawfully do their job to ensure successful prosecution of offenders Six sources of criminal procedures Common law RCW's Case Law Constitutional Documents Agency Policies WA state court rulings Crim pro is defined as Rules and laws Reasons agencies get sued Improper training Failure to train Negligent hiring Negligent retention Condoning harassment Failure to supervise Failure to treat officers equally Reasons an officer can get sued Kicking in the wrong door K9 bites Excessive Force Arrest right person w/o PC Bad driving Harassment Arrest wrong person Scope of an investigatory stop in defined by Purpose of the stop Physical intrusion of person Length of time/ duration Probable Cause Articulable facts and circumstances known to the officer that would warrant the officer to believe that a specific crime has or is occurring, and that the suspect is the person responsible Six reasons crim pro is important Enhances ability to prosecute criminals Civil liability Criminal liability Departmental liability Protects citizens civil rights Enhances public cooperation Four Exigent Circumstances Immediate danger to the officers or public. Immediate danger of escape. Immediate destruction of evidence. Hot pursuit. Forced entry on 1st party residence Officer reasonably believes the suspect is present Knock and announce Seriousness of the crime Forced entry of third party residence Must have exigent circumstances or consent Four community care taking functions Medical Vehicle impounds/ inventories Officers role to public Law requiring officers intervention Three reasons for knock announce in WA Reduce potential to police and occupants. Prevent unnecessary property damage. Protect the occupants right to privacy Fresh or hot pursuit Some sort of chase though it need not be of extended Hugh or cry in the streets 3 Reasons you may legally enter a home Consent Exigency Valid search warrant 2 Factors involved in reasonableness of a delay after valid knock and announce How easily evidence sought can be destroyed How likely suspects are armed or dangerous Proper knock and announce Police, search warrant, open the door Deciding factor to determine if custody is present Totality of the circumstances Court case that gave universal requirement to advise of citizen's right to counsel Miranda V. Arizona Amendment to U.S constitution is Miranda designed to protect 5th Silence 6th Counsel 3 Reasons a knock and announce would be required Executing arrest warrant Executing search warrant Entry for exigent circumstances 2 Factors that determine the reasonableness of a fresh pursuit Seriousness of the offense Danger posed to officer or public Type of questions are not subject to Miranda Booking Q's Custody Arrest and in handcuffs, or Freedom has been otherwise deprived in a significant way Waiting period after knocking and announcing before forcing entry Reasonable amount of time 30 Seconds RCW covering knock and announce 10.31.040 Courts have held that forcing entry to arrest a subject on an MIP is Unreasonable Is using a ruse reference a knock and announce it must not ______ fundamental fairness Shock What year did U.S Supreme court overturn Miranda Conviction? 1966 RCW 10.89.050 Fresh pursuit shall not necessarily imply instant pursuit, but pursuit without_______ Unreasonable delay 3 Prong test to ensure consent is valid Knowingly Intelligently Voluntarily 3 Step process to advisement of Miranda Warnings Read warnings Secure understanding of rights Obtain waiver What year did Ernesto Miranda die, how was he killed 1976, stabbed in a bar fight Age where a child can waive their Miranda rights 12 Five points of knock and announce prior to entry Valid reason Who you are Demand admittance State your purpose be explicitly or implicitly denied admittance 4 Exigent entry circumstances Immediate destruction of evidence Immediate threat to officer or public Immediate threat of escape Fresh or hot pursuit Stand alone frisk factors -Crime of violence -Threats of violence -Crime involving known weapon, threat of weapon, allegation of weapon -History prior to being armed -Physically uncooperative -Officer safety caution Constructive Possession Being in position to exercise dominion and control over an item or thing Curtilage The enclosed space of ground and building surrounding a dwelling or house What does the warrant need to particularly describe? The place to be searched The items to be seized