Voluntary Encounter correct answers consensual encounter
between citizen and police
No level of evidence, it is voluntary.
Investigative Detention correct answers short detention of the citizen to investigate a crime
Needs reasonable suspicion
Arrest correct answers long detention of a citizen to file charges
Needs probable cause
When a police officer places someone under arrest, what can he search and what is it called?
correct answers Search their person and anything in their wingspan, called search to custodial
arrest
Scope of Investigative Detentions correct answers what officers can and can't do
1. Limited in Duration (can stop/detain you for short period of time)
2. May not move the person unless it is for safety
3. May pat down or frisk you if they reasonably believe there is a weapon
Can also question you
, Who is exempt from the Chain of Custody? correct answers The employees of the Virginia State
Lab
Pretrial Identification (Photo Array) correct answers Photo array regulated by the 14th
Amendment because there can't be a substantial risk of misidentification in a photo array
Not concerned about 6th Amendment unless defendant is forced to participate
How to authenticate physical evidence correct answers 1. Put witness on stand if it's not
something that easily changeable
2. Chain of custody
What happens if the pretrial identification is suppressed? correct answers The Defense has to
make a separate motion to show why the incourt identification should also be suppressed
6th Amendment applies to what correct answers applies to pretrial lineup only if defendant is
forced to participate and they are done after the defendant is charged with the crime (ie. a critical
stage of the prosecution has attached)
if you're doing a pretrial lineup prior to arrest, then you're okay and don't need to provide lawyer
Best Evidence Rule correct answers a party wishing to introduce a document must introduce the
original document unless the original is not available.
only applies to documents, no other evidence
What happens when 4th Amendment is violated? correct answers Evidence is suppressed