Practice Material
Eight amendment - ANS✔✔ a. Bail shall not be excessive
b. Fines shall not be excessive
c. Punishments shall not be cruel and unusual.
Comment: inmate's issues relating to cruel and unusual punishment, as per the united states
supreme courts, are: - ANS✔✔ 1. Inmates personal safety
2. Shelter
3. Sanitation
4. Food
5. Clothing
6. Medical care
7. Excessive use of force
Arrest - ANS✔✔ the taking of an individual into custody for the purpose of filling a legal
complaint for acts committed by the individual (S) for violation of the law
PROBABLE CAUSE - ANS✔✔ facts and circumstances within the knowledge of the officer, and of
which he had reasonable trustworthy information, which were sufficient to warrant a prudent
person in believing that an offense had beern committed or was being committed.
Reasonable cause: - ANS✔✔ to believe that a person has committed an offense.
Factors establishing probable/ reasonable cause - ANS✔✔ 1. The officer observation as a
witness
, 2. Information supplied by other officers
3. Information supplied by eye witness
4. Information supplied by suspect thru questioning J. I he officer experience
6. Information supplied by the victim.
Search and seizure - ANS✔✔ The fourth amendment clearly states that only with a search
warrant can any person, papers, and items be seized. We will see that along with a search
warrant there are three other types of searches that are accepted by our courts as
constitutionally proper
The four acceptable lawful searches are: - ANS✔✔ i. Search warrant (must happen within
10days from 6am-10pm)
ii. Consensual searches (searches by valid consent)
iii. Incidental to a lawful arrest (searches prior to arrest)
iiii. Emergency search.
Procedures for protecting and preserving evidence - ANS✔✔ a. The chain of possession should
be kept to a minimum (should not touch a lot of hands) b. When gathering evidence, use an
instrument or gloves this will ensure the protection of all possible fingerprint or identification
marks. c. Tagged with a memo stating the time, date, location of its finding and a physical
description of the item d. Evidence should be given directly to the person responsible for storing
it. You should obtain a receipts for any evidence turned over to a person or vouching agency
(NYPD)
e. Evidence should be placed in a container of some type (brown paper bag)
Categories of evidence - ANS✔✔ There are 3 categories of evidence, which strengthern
testimonial and documentary evidence they are
1. Direct evidence usually by witness testifying 2. Real evidence a tangible object (real evidence
murder weapon)