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Drove a vehicle under influence of alcohol and meth, failed to
stop at stop sign,
struck a pedestrian and killed them - ANSWER-
Felony DUI
Threatened male teacher that he would break his wifes
neck - ANSWER-
Threatening life, person, or family of public official or
public employee
Had the intent to kill sister's boyfriend and planned it but was
unsuccessful. -
ANSWER-Attempted
Murder
Burglarized a house and got into a struggle with homeowner
causing that owner
to get a black eye. - ANSWER-
A&B 1
,Who can prosecute a criminal case in South Carolina -
ANSWER-Attorneys hired to represent the state, the arresting
officer, the arresting officer's supervisor, or a licensed security
guard if the crime occurred on private prop. that the guard
worked for.
The order of closing arguments in a criminal trial goes how -
ANSWER-This is
up to the discretion of the Judge but typically if the Defendant
requests closing
then they will go and the State will follow, if the state requests
the state will go
and the Defense will follow or
respond
What are fighting words? - ANSWER-words that "by their very
utterance inflict
injury or tend to incite an immediate
breach of peace"
What does Texas v Johnson mean for the 1st amendment
protection of expressive conduct - ANSWER-Case allows the
burning of the American Flag in political protest and avoidance
of criminal punishment for it
What is an arrest - ANSWER-The taking or keeping of a person
in custody by
legal
authority
,What is the constitutional standard the governs arrest -
ANSWER-4th
amendment
What are some jurisdictional requirements for an arrest -
ANSWER-Police can arrest when in pursuit within three miles of
corporate limits, Police in a county (Deputies) can arrest in the
county or in pursuit within adjacent county
In order to arrest someone, what must be there - ANSWER-
Probable cause- facts and circumstances that are sufficient
enough to make a reasonable officer believe that the suspect
committed or was committing the crime
When is an arrest warrant required? - ANSWER-For a felony,
warrant is preferred, however any crime committed in the
presence of officer or freshly committed need no warrant.
What are some exceptions to the warrant requirement -
ANSWER-If it is a
felony in a public place, hot pursuit, exigent
circumstances
Can I arrest for a misdemeanor offense without a warrant -
ANSWER-YES. General rule is need a warrant unless the
offense is committed in the view of the officer or freshly
committed.
, When an arrest is made without a warrant, an officer must
obtain a charging document so the case can be heard by the
court. What would this document be - ANSWER-Uniform Traffic
Ticket. On these you can put arrests for traffic offenses, PDC,
littering, trespassing, DV 2 and 3, shoplifting, other
misdemeanors
When effecting an arrest, what use of force considerations
should be held -
ANSWER-Officers are permitted to use the amount of
force that is
REASONABLE and NECESSARY to impose custody and
overcome all
resistance.
Is the conviction of a Defendant overturned on the basis of an
illegal arrest - ANSWER-no, not alone. Def. would have to show
that the arrest deprived him of a fair trail.
When can a DNA sample be collected without a warrant -
ANSWER-May collect
DNA sample when an arrest is made with probable cause for a
serious offense.
Such as felony punishable by 5+ years, eavesdropping,
peeping, stalking
What is probable cause? - ANSWER-a reasonable belief
grounded on facts that