SCCJA SPECIAL BASIC CERTIFICATION
EVALUATION ACTUAL QUESTIONS AND
FULL SOLUTION GRADED A+
⩥ Hot Pursuit.
Answer: Arrest without a warrant exception; 1.)immediate or continuous
pursuit of one who is in flight and 2.)crime must be serious in nature
⩥ Exigent Circumstances.
Answer: Arrest without a warrant exception; when there is an immediate
threat to public safety or the risk that evidence will be destroyed, officers
may search, arrest, or question suspects without obtaining a warrant or
following other usual rules of criminal procedure
⩥ Use of Force.
Answer: Officers are permitted to use that amount of force, reasonable,
and necessary to impose custody and overcome all resistance; and
ensure safety of the arresting officer, the arrestee, and others in the
vicinity of the arrest
⩥ Taking Adult DNA (South Carolina).
Answer: Taking DNA at charging of 1.)Felonies, 2.) crimes with
potential sentence of 5 years or more, 3.) eavesdropping, peeping, or
stalking, and 4.) court order (SC 23-3-620)
,⩥ Taking Juvenile DNA (South Carolina).
Answer: Taking DNA at conviction or adjudication of 1.)Felonies, 2.)
crimes with potential sentence of 5 years or more, and 3.)
eavesdropping, peeping, or stalking, and 4.) court order (SC 23-3-620)
⩥ Probable Cause.
Answer: A reasonable belief grounded in facts; the standard by which all
arrest and most searches are judged; required by officers when they
make an arrest; required by judges when they issue a warrant
⩥ Fourth Amendment.
Answer: The right of the people to be secure in their persons, houses,
papers, and effects, against unreasonable searches and seizures, shall not
be violated, and no Warrants shall issue, but upon probable cause,
supported by Oath or affirmation, and particularly describing the place
to be searched, and the persons or things to be seized.
⩥ Magistrate's Duty.
Answer: The principle that a judicial officer must make an independent
judgment as to whether the fourth amendment standard has been met
⩥ When to Arrest.
Answer: 1.) an offense has been committed and 2.) the person arrested
has committed it
,⩥ PC for Search Warrant.
Answer: 1.) and offense has been committed, 2.) the item sought are
connected to this criminal activity, and 3.) the item sought will presently
be found in the place to be searched.
⩥ Affidavit.
Answer: a sworn written statement
⩥ corroboration.
Answer: Confirmation or support by additional evidence authority
⩥ exclusionary rule.
Answer: A judicially created remedy which results in the suppression of
evidence which has been derived from an illegal search or seizure
⩥ Independent Source (Exclusionary Rule).
Answer: exception to the exclusionary rule permitting the use of
evidence discovered independent of any improper search or seizure
⩥ inevitable discovery (Exclusionary Rule).
Answer: exception to the exclusionary rule that allows the use of
illegally obtained evidence at trial if the court determines that the
evidence would eventually have been found by legal means
, ⩥ Attenuation (Exclusionary Rule).
Answer: allows illegally obtained evidence in court if the connection
between the unconstitutional police actions and the evidence obtained
from those illegal actions weakens enough
⩥ good faith exception.
Answer: An exception to the Supreme Court exclusionary rule, holding
that evidence seized on the basis of a mistakenly issued search warrant
can be introduced at trial if the mistake was made in good faith, that is, if
all the parties involved had reason at the time to believe that the warrant
was proper.
⩥ Curtilage.
Answer: the area immediately surrounding the home
⩥ Open Fields Doctrine.
Answer: The principle that officers do not need a warrant to search what
is in an open field.
⩥ Plain View Doctrine.
Answer: When the police justifiably intrude into an area for which there
is normally an expectation of privacy, for example, with a search or
arrest warrant, and see evidence located in the same area, they may seize
it without a warrant
EVALUATION ACTUAL QUESTIONS AND
FULL SOLUTION GRADED A+
⩥ Hot Pursuit.
Answer: Arrest without a warrant exception; 1.)immediate or continuous
pursuit of one who is in flight and 2.)crime must be serious in nature
⩥ Exigent Circumstances.
Answer: Arrest without a warrant exception; when there is an immediate
threat to public safety or the risk that evidence will be destroyed, officers
may search, arrest, or question suspects without obtaining a warrant or
following other usual rules of criminal procedure
⩥ Use of Force.
Answer: Officers are permitted to use that amount of force, reasonable,
and necessary to impose custody and overcome all resistance; and
ensure safety of the arresting officer, the arrestee, and others in the
vicinity of the arrest
⩥ Taking Adult DNA (South Carolina).
Answer: Taking DNA at charging of 1.)Felonies, 2.) crimes with
potential sentence of 5 years or more, 3.) eavesdropping, peeping, or
stalking, and 4.) court order (SC 23-3-620)
,⩥ Taking Juvenile DNA (South Carolina).
Answer: Taking DNA at conviction or adjudication of 1.)Felonies, 2.)
crimes with potential sentence of 5 years or more, and 3.)
eavesdropping, peeping, or stalking, and 4.) court order (SC 23-3-620)
⩥ Probable Cause.
Answer: A reasonable belief grounded in facts; the standard by which all
arrest and most searches are judged; required by officers when they
make an arrest; required by judges when they issue a warrant
⩥ Fourth Amendment.
Answer: The right of the people to be secure in their persons, houses,
papers, and effects, against unreasonable searches and seizures, shall not
be violated, and no Warrants shall issue, but upon probable cause,
supported by Oath or affirmation, and particularly describing the place
to be searched, and the persons or things to be seized.
⩥ Magistrate's Duty.
Answer: The principle that a judicial officer must make an independent
judgment as to whether the fourth amendment standard has been met
⩥ When to Arrest.
Answer: 1.) an offense has been committed and 2.) the person arrested
has committed it
,⩥ PC for Search Warrant.
Answer: 1.) and offense has been committed, 2.) the item sought are
connected to this criminal activity, and 3.) the item sought will presently
be found in the place to be searched.
⩥ Affidavit.
Answer: a sworn written statement
⩥ corroboration.
Answer: Confirmation or support by additional evidence authority
⩥ exclusionary rule.
Answer: A judicially created remedy which results in the suppression of
evidence which has been derived from an illegal search or seizure
⩥ Independent Source (Exclusionary Rule).
Answer: exception to the exclusionary rule permitting the use of
evidence discovered independent of any improper search or seizure
⩥ inevitable discovery (Exclusionary Rule).
Answer: exception to the exclusionary rule that allows the use of
illegally obtained evidence at trial if the court determines that the
evidence would eventually have been found by legal means
, ⩥ Attenuation (Exclusionary Rule).
Answer: allows illegally obtained evidence in court if the connection
between the unconstitutional police actions and the evidence obtained
from those illegal actions weakens enough
⩥ good faith exception.
Answer: An exception to the Supreme Court exclusionary rule, holding
that evidence seized on the basis of a mistakenly issued search warrant
can be introduced at trial if the mistake was made in good faith, that is, if
all the parties involved had reason at the time to believe that the warrant
was proper.
⩥ Curtilage.
Answer: the area immediately surrounding the home
⩥ Open Fields Doctrine.
Answer: The principle that officers do not need a warrant to search what
is in an open field.
⩥ Plain View Doctrine.
Answer: When the police justifiably intrude into an area for which there
is normally an expectation of privacy, for example, with a search or
arrest warrant, and see evidence located in the same area, they may seize
it without a warrant
