BLEA 784 Crim Pro Mid-Term Questions & Answers Already Passed!!

What is the standard of proof an officer must have in order to make an arrest? - Answer-Probable Cause To legally enter a home at any time, you must have one or more of the following 3? - Answer-1. Consent 2. Valid Search warrant 3. Exigency What is the definition of arrest? - Answer-Taking Custody of another based on probable cause for the purpose of criminal charge in court. What are the 4 elements of arrest? - Answer-1. Authority 2. Intent 3. Understanding 4. Custody What do you do if you did not witness the misdemeanor crime, and it is not an exception to RCW 10.31.100? - Answer-Forward the report to the prosecutor and let them file charges What are the three requirements needed to force entry into a first party residence to serve an arrest warrant? - Answer-1. The officer believes the suspect is present. 2. Knock and announce is employed. 3. Seriousness of the crime necessitates entry. T/F - If you have probable cause to arrest but no exigency or consent, you still may make a warrantless entry into a residence. - Answer-False. P.C Alone does not allow you to enter a residence without a warrant At what age can a parent or guardian waive or invoke a child's Miranda rights? - Answer-Under 12T/F - You can make an exigent entry into a house in hot pursuit of a MIP. - Answer-False What are the 2 factors that will affect the perceived reasonableness of the delay after a valid knock and announce? - Answer-1. How easily the sought the evidence can be destroyed. 2. Whether the suspects are likely to be armed or dangerous. 10.89.050 Fresh pursuits shall not necessarily imply instant pursuit, but pursuit without ______ delay. - Answer-Unreasonable What is the chief consideration before making an exigent entry into a home? - Answer-Severity of the crime Which right is held to be more important? The right to counsel or the right to silence? - Answer-The right to counsel T/F - Prostitution is an exception to the misdemeanor presence rule. - Answer-False Misdemeanor Presence Rule Exceptions: Crimes Involving Physical Harm or Threats of Harm to Persons or Property; Unlawful Taking of Property (Shop Lifting, Petty Theft); Possession of Cannabis (Minor in Possession, Possession of Cannabis in Public), Possession/Consumption of Alcohol By a Minor, Hit and Run Attended, Hit and Run Unattended, DUI, Physical Control, DWLS, Boating Under the Influence, Trespass, Indecent Exposure, Violation of Court Orders (Anti-Harassment Orders, No Contact, Protection and Restraining Orders), Reckless Driving, Negligent Driving, Interference With Health Care Facility Within 24 Hours, Possession of Firearms or Other Dangerous Weapons on Public School Premise What are the three requirements needed to force entry into a first party residence to serve an arrest warrant? - Answer-1. The officer believes the suspect is present. 2. Knock and announce is employed. 3. Seriousness of the crime necessitates entry. T/F - An attorney may invoke Miranda for a client. - Answer-FalseT/F - Part of why the knock and announce is mandated is to reduce the likelihood of injury to an officer or occupants. - Answer-True What are the parts of a valid knock and announce? - Answer-1. Have a Warrant or Exigency 2. Announce your Identity 3. Demand Admittance 4. State the Purpose of their Demand 5. Be Denied Admittance