UPTP Exam 2 Answers Verified & Graded A

UPTP Exam 2 Answers Verified & Graded A Abandon Property REP of REP Individual gives up right to REP in object through word, deed, no retention Accessory after the fact 18 USC section 3 Providing assistance to the principal of the crime, following the commission of the crime against the US. Imprisoned up to half of the committed crime Aiding and abetting 18 USC section 2 People who provide assistance to the principal, before or during the commission of a crime, may be liable as if they committed the crime Arrest at another's home Arrest in a private place Needs search warrant for house, consent, or exigent circumstances Needs warrant, consent or exigent circumstances, and reason to believe arrestee lives there and is inside Arrest in a public place Arrest with misdemeanor Can be done with PC and without a warrant Needs PC, occur in officers presence, if not in presence a warrant will be needed, no entry into REP areas, and no hot pursuit Assault Title 18 USC section 111 Assimilative Crimes Act Threats of fear or bodily harm Allows federal law to borrow state laws in order to prosecute certain crimes Battery Binoculars naked eye Actual touching non-consensual or object controlled by that person Can be used for public conduct and inside residences as long as it is visible with the Body search REP External does not require 4th, internal does Break open (warrant terms) Any unannounced intrusion through a doorway that has some barrier (ex. lock, partially opened door, breaking window, knocking door down) Bribery Title 18 USC section 201 Corruptly giving, offering, or promising anything of value to/from any public official, intended to influence an act of doing or not doing Can force be used during a terry stop? Only if it is objectively reasonable Can we enter the house if the arrest is performed outside? the house that would pose a threat Causing the commission of a crime If we have RS that someone is inside Willfully causes an act to be done which if directly performed by him/her would be an offense against the US Complaint Probable cause from a LEO Concurrent jurisdiction case Containers REP Both state and federal governments have legal authority to prosecute the REP inside, unless see through or distinctive configurations Conversion of a G-Ride) Crime Wrongful deprivation of goods or personal property belonging to another (ex. misuse Punishable by government, needs to come with proof which consists of the act and intent to commit it Crimes for assisting criminal acts Aiding and abetting, causing the commission of a crime, accessory after the fact, misprision of a felony Curtilage REP Covered under the umbrella of the home if close enough to be considered part of the dwelling, REP Curtilage Close to home, included in common enclosure surrounding home, uses to which area is put, steps taken to prevent observation Destructive devices IED, bombs, grenades, gas Does the 4th apply to private citizens? Dwelling places REP No Highly protected REP Embezzlement Fraudulent appropriation of property by a person whom it has been entrusted to or into whose hands it has lawfully come Exclusionary Rule exceptions foreign searches Exclusionary Rule Standing, Good Faith, Inevitable discovery, impeachment, and Evidence obtained in violation of the 4th amendment is not admissible in court (Fruit of the poisonous tree) Exclusive jurisdiction Exigent circumstances Belongs to the US exclusively, no responsibility to states or tribes Danger to LEO or 3rd parties, futile/useless gestures, if you know no one is home, hot pursuit, destruction of evidence Extended protective sweep More than a protective sweep, beyond the adjacent rooms Factors to determine reasonable amount of time before entry is refused Time of day, size and layout of residence, nature of crime sought, other observations supporting forced entry Factors to using the ACA law available to charge Facts that establish RS Violations of state laws, property where US has jurisdiction, no federal LEO observation, time and location, behavior, suspects reputation, suspects criminal history, etc. False statements 18 USC section 1001 The defendant regarding certain federal matters knowingly and willfully made a false statement or concealed material fact or made or used a document containing a false material statement Felony crime Firearm Max imprisonment potential of greater than 1 year Will expel or is designed to expel a projectile by explosive force Force (warrant terms) Any entry made without consent Force to execute a warrant Forced Labor Title 18 USC section 3109, "The knock and announce" statute Any harm, physical or psychological, financial or reputational harm Forcibly assault Defendants behavior would have inspired fear in a reasonable person (ex. lifting a menacing hand, shoving, spitting) Foreign searches Good faith 4th does not apply to a foreign search as long as it was not solicited by USA Only applies when an officer reasonably relies on a mistake made by someone else Government workplaces REP Gratuity Depends on policy Someone gives, offers, or promises anything of value for discharge of official duties (creating a sense of obligation) Helps corroborate PC Who, what, when, where, ho