39914263
Description
Flashcards by Emily Deragon, updated about 2 months ago
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Created by Emily Deragon
about 2 months ago
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| Question | Answer |
| CPL 120.10 the warrant of arrest is issued by what court? | local criminal court |
| CPL 120.10 the warrant of arrest police officers to arrest a defendant and bring him before court for the sole function of achieving defendants court appearance in a criminal action for the purpose of ___ upon the accusatory instrument by which such action is commenced | arraignment |
| CPL 120.10 a warrant of arrest must be subscribed (signed) by the issuing judge and must state or contain what 6 things? | 1. the name of the issuing court 2. the date of issuance of the warrant 3. the name or title of an offense charged in the accusatory instrument 4. the name of the defendant to be arrested 5. the police officer or officers to whom the warrant is addressed 6. direction that such officer arrest the defendant and bring him before the court |
| CPL 120.20 when a criminal action has commenced in a LCC or youth part of the superior court by filing of an accusatory instrument, other than a simplified traffic information, against a defendant who has not been arraigned upon such accusatory instrument and has not come under the control of the court: such court MAY/MUST issue a warrant of arrest if it believes the accusatory instrument is sufficient on its face | MAY |
| CPL 120.20 when a criminal action has commenced in a LCC or youth part of the superior court by filing of an accusatory instrument, other than a simplified traffic information, against a defendant who has not been arraigned upon such accusatory instrument and has not come under the control of the court: if the accusatory instrument is not sufficient on its face and if the court is satisfied that on the basis of the available facts or evidence it would be impossible to draw up and file an accusatory instrument that is sufficient on it face, the court must do what? | the court must dismiss the accusatory instrument |
| CPL 120.20 when is an accusatory instrument sufficient on its face? | 1. when it complies with all the requirements listed in 100.15 (the instrument has an accusatory part and a factual part, the instrument must designate the offenses charged and the factual part must contain a statement of the complainant alleging facts of an evidentiary character that support or tend to support the charges) 2. non hearsay allegations |
| CPL 120.20 Even though such accusatory instrument is sufficient on its face, the court MAY/MUST refuse to issue a warrant until it has satisfied itself, by inquiry or examination of witnesses (under oath) that there is a reasonable cause to believe that defendant committed an offense charged | MAY |
| CPL120.10 The court MAY NOT issue a warrant of arrest when satisfied defendant will respond to a ___. The court may authorize the DA to direct defendant to appear for arraignment if it's satisfied the defendant will appear | summons |
| CPL 120.30 A warrant of arrest may only be issued by what two courts? | 1. LCC 2. Youth part of the superior court |
| CPL 120.30 where is a warrant of arrest returnable? | in such issuing court |
| CPL 120.30 however, if a particular accusatory instrument is to be filed with a particular town court and such town court is not available at the time such instrument is sought to be filed and a warrant obtained, such accusatory instrument may be filed with the town court where? | town court of any adjoining town of the same county |
| CPL 120.30 if an instrument is to be filed with a particular village court and such village court is not available at the time, it may be filed with the town court of the town embracing such village or if such town court isn't available either where can it be filed? | town court of any adjoining town of the same county |
| CPL 120.40 when the warrant of arrest issued by a town, village, or city court has the accusatory instrument attached to it, if defendant is brought to another LCC other than the 2 above, is the fact that it has the instrument attached good enough for arraignment? | yes |
| CPL 120.50 a warrant of arrest may be addressed to any police officer or classification of police officers whose geographical area of employment embraces either the place where the offense charged was allegedly ___ or the locality of the court by which the warrant was ___ | -committed -issued |
| CPL 120.55 if the defendant named in a warrant of arrest issued by a LCC or youth part of the supreme court is under the supervision of the state division of parole or a local or state probation department, then a warrant for his arrest MAY/MUST be executed by a parole or probation officer | MAY |
| CPL 120.60 a police officer may designate another officer to execute the warrant when what 3 things? | 1. he has reasonable cause to believe the defendant is in a particular county other than the one which the warrant is returnable 2.AND the warrant is executable in that county without endorsement of the LLC thereof AND 3. the arrest is to be made within the geographical area of employment of the designated officer |
| CPL 120.60 peace officer appointed by the state university may inform delegated officer by ____, ____, or any other means of issuance of warrant and request him to act as an agent arresting defendatn | by tele communications, mail, or any other means |
| CPL 120.70 warrants issued by district court, the New York city criminal court, the youth part of superior court, or Superior court sitting as a LCC may be excecated where? | MAY be executed anywhere in the state |
| CPL 120.70 a warrant of arrest issued by a city court or town court may be executed in what two places? | 1. in the county of issuance or in any adjoining county OR 2. anywhere else in the state upon the written endorsement thereon of a LCC of the county in which the arrest is to be made. When endorsed, the warrant is deemed the process of the endorsing court as well as that of the issuing court |
| CPL 120.80 a warrant of arrest may be executed when? | any day of the week and at any hour of the day!! |
| CPL 120.80 the arresting officer MUST inform the defendant that a warrant for his arrest for the offense designated therein has been issued. Upon request of the defendant, the officer MUST show it to the defendant if he is in possession, if not in possession when? | as soon after the arrest as possible |
| CPL 120.80 the arresting officer doesn't have to announce the warrant and show the defendant if what 3 factors render normal procedure impractical? | 1. physical resistance 2. flight 3. OR other factors |
| CPL 120.80 may the police officer use physical force if justifiable? | yes |
| CPL 120.80 in order to effect the arrest the police officer MAY under certain circumstances, enter any premises in which he believes the defendant to be ____ | present |
| CPL 120.80 if the police officer believes that the place where the defendant is (probably hiding) is the dwelling of a 3rd party who is not the subject of the arrest warrant, the officer MUST give or make reasonable effort to give, notice of what? | notice of his authority and purpose to an occupant of this 3rd party dwelling |
| CPL 120.80 the police officer does not have to give notice to the occupant of a 3rd party dwelling if notice will cause what 3 things? | 1. result in the defendant escaping or attempting to escape F (FLY) 2. endanger the life or safety of the officer or another person- F (FEAR) 3. Result in the destruction, damaging or secretion of material- F (flush down the toilet) (the 3 F's are flying, fear, flush. if these 3 Fs are present, officer does not have to give such notice to the 3rd party occupant) |
| CPL 120.80 in what 2 situations can an officer enter a premises and break if necessary? | 1. if officer is authorized to enter premises without giving notice of his authority and purpose 2. OR after giving such notice he is not admitted |
| CPL 120.90 Warrant- procedure after arrest: after the arrest the officer MUST bring the arrested person without ____ to the LCC or the youth part of the supreme court that issued the warrant | without necessary delay |
| CPL 120.90 Warrant- procedure after arrest: if the officer was designated by another officer he must deliver to the officer that designated him, the person arrested without ___ | without necessary delay |
| CPL 120.90 Warrant- procedure after arrest: if the person is arrested for something other than a felony, in a county other than the one in which the warrant is issued or an adjoining county, he officer making the arrest must inform the defendant of his right to appear in the LCC where the arrest was made for the purpose of ___ or ___ | having bail set or ROR |
| CPL 120.90 Warrant- procedure after arrest: if he waives that right he must do what? | write it on the warrant and sign it |
| CPL 120.90 if he does not waive that right, the LCC must do what? | set bail or ROR |
| CPL 120.90 if the officer was delegated by another officer, he can hold the person for up to __ hours while waiting to deliver him to the designated officer. otherwise he has to afford the defendant the opportunity to appear in a LCC to have bail set or ROR | 2 hours |
| CPL 120.90 when an accusatory instrument is attached and the arresting officer is required to bring defendant to a town court that isn't available, where can the arresting officer bring defendant? | any village court, or LCC of an adjoining town or city in the same county or any village court embraced in whole or in part by such adjoining county |
| CPL 120.90 if the court in which the warrant is returnable is a city court and such court is not available at the time, the officer must in such circumstances, bring the defendant before the LCC where? | the LCC of any adjoining town, or village embraced in whole or in part by such adjoining town of the same county |
| CPL 120.90 whenever a police officer is required to bring an arrested defendant before a youth part of the superior court in which a warrant is returnable, and if such court is not in session, such officer must bring the defendant where? | before the most accessible magistrate designated by the appellate division of the supreme court in the applicable department to act as a youth part |
| CPL 120.80 before bringing a defendant arrested pursuant to a warrant before the LCC or youth part of the superior court in which such warrant is returnable, the police officer must without unnecessary delay preform all ____ and ___ required in the particular case. if person was arrested and then let go by an out of area court, when he comes in to be arraigned is when these things shall be done. | preform all fingerprinting and other preliminary police duties required by this particular case |
| CPL 120.90 upon arresting a juvenile offender or adolescents offender, the police officer must do what immediatly? | notify the parent or other person legally responsible for his care or the person whom he is domiciled, that the juvenile offender has been arrested, and the location of the facility where he is being detained |
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