a. unavoidable delays in transportation b. unavailability of a magistrate c.waiting for the presence of the arresting officer d. gathering additional evidence against the accused Law Social Science Criminal Justice CRIJ 1313 Answer & Explanation Request a probable cause hearing. b. Which of the following is an unacceptable reason for delaying a probable cause hearing? C) the defendant should be released on recognizance until the trial date. d. The Fourth, According to Strunk v. United States, the appropriate remedy for a violation of the Sixth Amendment right to a speedy trial is: With respect to the Sixth Amendment approach to confessions and interrogations, which of the following can be considered a formal criminal proceeding? b. The court typically will schedule the probable cause hearing no more than two or three weeks . d. Skip tracers, When is a probable cause hearing unnecessary? c. Ability to pay ]" For a waiver of a jury trial to be valid, it must be: Right to have counsel present d. Defense case stronger than the prosecution's, If a prosecutor's charging decision is motivated by revenge, this is known as: d. None of the above, For a guilty plea to be based in fact, it must be based on: Divalproex sodium delayed-release tablets are administered orally in divided doses. The basic Constitution protection against unreasonable searches and seizures is contained in the: c. Fourth Amendment For Fourth Amendment purposes, effects are: d. Likely anything that is not a person, house, or paper The Fourth Amendment contains which two basic clauses? d. Petty thefts. Gathering additional evidence to be used against the accused This pretrial activity is held to prevent "hast, malicious, improvident, and oppressive prosecutions." The accused does not have the right to counsel. Right to trial by jury May continue under limited circumstances. The Fifth Among the more important: (1) the extent to which cases in the jurisdiction are plea bargained before the preliminary hearing; (2) the extent to which prosecutors carefully evaluate their cases before the preliminary hearing, rather than using the hearing itself as a means of evaluating the charges; (3) the time and attention magistrates give a probable cause: Apparent facts discovered through logical inquiry that would lead a reasonably intelligent and prudent person to believe that an accused person has committed a crime, thereby warranting his or her prosecution, or that a Cause of Action has accrued, justifying a civil lawsuit. a search occurs when the government actors in activity that infringes on one's, for fourth amendment purposes a hotel room is considered a, for the fourth amendment purposes effects are, likely anything that is not a person, house, or paper, for fourth amendment purposes government officials always included, any structures that a person uses a residence on either temporarily or long term bases, for the fourth amendment purposes papers are, business records, letters, diaries, and memos, for the fourth amendment purposes, person are, the individual as a whole both internally and externally, in determining what a level of sensory enhancement is appropriate the courts generally consider which of the following factors, in what case did supreme court declare that the use of thermal imagers by the police constitutes a search, in which case did the supreme court hold that garbage bags on the side of a public street are readily accessible to the animals children scavengers snoops and other members of the public, in which landmark case did supreme court create the standard of the reasonable suspicion, possessions of property without physical contact is know as, the fourth amendment contains which two basic clauses, the ____ clause of the 4th amendment prescribes unreasonable searches and seizures, the basic constitution protection against unreasonable searches and seizures is contained in the, the court consider which is the following factors when distinguishing between the open fields and curtilage, the use to which the land/property is being put, to define when a search takes place which two important factors need to be consider, government action and reasonable expectation of privacy, with regard to a search when does justification need to be in place, ____ is any unoccupied or undeveloped real property falling outside the cartilage of a home, a search occurs when a government actor interferes with someone's possessory property interest, a search occurs when a government actor interferes with someone's reasonable expectation of privacy, a seizure cannot occur apart from a search, a uniformed police officer acting in his or her official capacity can be considered a government actor, an otherwise private search may turn into a government search when the government recipient of the items seized by the private party subjects the evidence to additional scrutiny, justification needs to be in place before a person or evidence is sought to in an area protected by the 4th amendment, a search warrant must be supported by probable cause that the, items to be seized are connected with criminal activity, a warrant that permits interception of the electronics communications is knowns as a ____ warrant, according to the supreme court in Michigan v summers why may police lawfully detain a person without probably cause during the service of a search warrant, during the first time that a search warrant is executed in a person house, in what case did the supreme court rule that a search warrant was necessary before police could cause remove remove a bullet surgically removed from a subject, in which case did supreme court first hold that police officers cannot make warantless non consensual entries into private homes for the purpose of making an arrest, media presence during the service of search warrants, acceptable if a legitimate law enforcement objective is served`, the landmark case which first created the knock and announce rule was, the use by several cities of strategically located video cameras to look for crime is, when may the police uses deadly force while serving an arrest warrant, when the suspect attempts to flee and will likely inflict harm on other people or police officers, with regard to the scope of a search warrant police can look, anywhere the item sought could reasonably be found, a valid pursuit must originate from a ____ starting point, a warrantless search for evanescent evidence is permissible when, the search is conducted in a reasonable manner, emergency situation allowing for searches without a warrant are reffered to as, evanescent evidence refers to evidence refers to evidence that is likely to, for an item to be lawfully seized under the plain doctrine it must be immediately apparent to the officer that the item is subject to be seized this means that the office must, have probable cause that the item is contraband, in horton vs california the supreme court dispensed with the, inadvertency requirement for plain view seizures, in which case did the supreme court declare the inadvertency is not a requirement for a valid plain view seizure, the supreme court first permitted warrantless hot pursuit searches in, the ___ rule announced in chimel provides that pursuant to a valid arrest the police may search the area within the immediate control of the arrestee, the plain view doctrine first emerged from the supreme court case, the requirement that a plain view seizure be based in part on probable cause that the item can be seized is known as the ____ requirement, which of the following is not a reason articulate by the supreme court as a reason allowing automobiles searches without a warrant, automobile are not subject to the probable cause requirements, which of the following is not recognized as a reason for a warantless search based on exigent circumstances, getting a warrant would be inconvenient and costly, which of the following is not a type of exigent recognized by the courts that authorized the police to act without a warrant, which of the following is not correct about plain view searches, a frisk must be supported by reasonable suspicion that the suspect is, a valid frisk into a search if what type can evolve into a search if what type type of jurisdiction develop along the way, concerning the scope of a frisk the supreme court has required that the frisk be limited to, in the wake Terry v. Ohio the supreme court has handed down a number of decisions that have, in which case did supreme court hold that police officers can stop and detain motorist in their selected vehicles with articulate and and reasonable suspicion, in which case did supreme court hold that police officers with reasonable suspicion can order drivers our of their car, in which case did the supreme court rule that addition to the suspicion required to justify a stop the officer must have reasonable suspicion that the person is armed and dangerous before a frisk is conducted, resonable suspicion is standard justification, the supreme court has condoned stops lasting as long as, what type of test has the supreme court relied upon in order to distinguish stops from nonstops, which of the following can be considered characteristics of drug couriers, travel to and from major drug imports centers, which of the following is the leading drug courier profiling case, all of the following is a leading drug courier profiling cases, which of the following is the leading supreme court case concerning station house detentions, which standard of justification is necessary for stop and frisk activities, Fire inspections must be ________ in relation to the timing of the fire. c. Jury list. 10 6 They minimize anxiety on the part of the accused. The purpose of the hearing is twofold: to determine that a crime has been committed and that the defendant committed it. a. A person has been deprived of his freedom of action in any significant way. A probable cause hearing, also known as a preliminary hearing, takes place during criminal proceedings for felony offenses - typically during the first six weeks of the case. a. a. e. All of the above D. Physical evidence obtained in violation of Miranda is admissible, as long as the information supplied by the accused is: Not obtained in violation of the Fifth Amendment. Victim a. In response to many defendants inability to post bail, professional have stepped in. Which of the following is NOT considered a criminal proceeding? Has been incorporated to the Fourteenth Amendment by the Supreme Court to the states. See Gerstein v. Pugh, 420 U.S. 103 (1975) (due process does not require full probable cause hearing); State v. Lester, 294 N.C. 220 (1978) (no equal protection violation by practice of holding probable cause hearings for some defendants but not Most defendants are released on bond. You have the right to stop answering questions at any time.". Use its contempt power d. Murders, If a prosecutor's decision to bring charges is discriminatory in nature, this is known as: c. Selective prosecution Decisions must be unanimous a. They are advised of their right to an attorney. After arrest, the defendant is brought before the District Court and informed of the charges against them. Guilty d. Federal judicial circuits, The right to an impartial jury stems from which constitutional amendment? c. 12 c. Obtain documents that may be helpful to his or her defense Probable cause hearing following is an unacceptable reason for delaying a probable cause hearing no than! That May be helpful to his or her the part of the following is NOT a. 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