Procedural Criminal Law example essay topic
3. What is a Search Warrant? (Answer) It is a written order, in the name of the state, signed by a judicial officer, exercising proper authority, and directing a law enforcement officer to search for certain specific property and bring it before the court. 4. What is the "fruits of the poisonous tree doctrine"? (Answer) It's a doctrine that states any evidence obtained from a illegal search and seizure is inadmissible in court.
5. When can legal searches and seizures be made by law enforcement officers? (Answer) They can be used when a warrant has been issued, with consent, if it's incident to an arrest, automobile (exception), and in an emergency (exigent circumstances). 6. What are the three essential ingredients of arrest? (Answer) The 3 ingredients of arrest are Intention, Authority, and Custody.
7. What is substantive criminal law? (Answer) Substantive Criminal Law is the branch of criminal law dealing with the elements that describe and define a crime. 8. What is procedural Criminal law? (Answer) Procedural Criminal Law is the branch of criminal law that defines what can and cannot be done with, or to, people.
9. Define "stop and frisk". (Answer) A stop and frisk is a limited pat down of the outer clothing of a person encountered by a law enforcement officer when the person is acting suspiciously, and the officer, concerned about safety, seeks to determine if the person has a weapon. 10. What is an arrest warrant?
(Answer) A judicial order commanding that a particular person be arrested and brought before a court to answer a criminal charge.