Rules of Criminal Procedures

  1. Q: Who can issue a warrant?
    A: Any issuing authority within the judicial district wherein is located either the person or place to be searched. Pg854
  2. Q: A search warrant may be issued to search for and seize?
    A: Contraband, fruits of a crime, things otherwise criminally possessed, property that is or has been used as the means of committing a criminal offense, property that constitutes evidence of the commission of an offense.
  3. Q: What are the requirements for issuance of a search warrant?
    A: Based on probable cause w/ affidavit (4 corners of affid.) No nighttime S.W. unless shown why in affidavit.
  4. Q: What must be in the contents of a search warrant application?
    A: date & time of issuance, specific property to be seized, person/ place to be searched w/ particularity when searched conducted; w/in 48 hrs. or after specific event occurred, daytime search 0600-2200 hrs.
  5. Q: What must a Tpr. Do before entering a structure when serving a warrant?
    A: Give reasonable effort to give notice of Tpr. ID, authority, and purpose of any occupant in the premises specified in the warrant. Exigent circumstances may require immediate forcible entrance. Tpr. Shall wait for a response for a reasonable amount of time, then can make forced entry.
  6. Q: After serving a warrant what must a Tpr. Leave behind?
    A: A copy of the warrant, affidavit and receipt for property taken.
  7. Q: Where must a Tpr. Leave the copies of the warrant, affidavit and recipet?
    A: In a conspicuous area of the house.
  8. Q: Should a copy of the warrant be left behind if it has been sealed?
    A: NO pg 858
  9. Q: What are the means of Instituting Proceedings in Summary Cases:
    A: Issue (5 days to file at MDJ) or file citation (Def. 10 days to respond), file complaint, arrest w/o warrant when authorized by law
  10. Q: What is the procedure when defendant is arrested with a warrant?
    A: Guilty plea def. pays; not guilty def. pays, if no money take to issuing authority w/o delay, plead not guilty immediate trial or Tpr. not ready ask for a continuance.
  11. Q: What is the mandatory procedure following arrest without warrant?
    A: No threat; Cop has reasonable grounds (validity of address, prior contact w/ def., cops personal knowledge of def.) def. will appear; if not released then bring to MDJ for immediate trial; def. enters plea: 1) guilty => sentenced imposed; 2) not guilty => trial, which can be continued by Commonwealth
  12. Q: How are court proceedings started?
    A: Filing complaint; or arrest w/o warrant if offense is felony or misdemeanor and in officer’s presence; probable cause of felony or murder; misdemeanor under which statue says can arrest for, i.e. DUI, Domestic
  13. Q: When is a Summons issued in court cases?
    A: Summons issued when M2 or less or M1 for DUI;
  14. Q: When is a warrant issued in court cases?
    A: Felony; def. won’t appear; poses threat; summons returned undeliverable; summons served and def. disobeys same; identity not known
  15. Q: What is the Procedure when arrest warrant is executed WITHIN judicial district?
    A: A preliminary hearing shall be conducted without unnecessary delay. Pg 909
  16. Q: What is the Procedure when arrest warrant executed OUTSIDE judicial district?
    A: take def. to proper issuing authority for purpose of posting bail; def. posts bail => arraignment before proper issuing authority between 5-10 day; NO bail posted = bring def. to judicial district where warrant issued; – put def. in jail where originally arraigned & proper issuing authority has def. brought back to his authority
  17. Q: What is the procedure when arrest is made without a warrant?
    A: Complete a complaint and arraign without delay, release if M2 or less or M1 DUI; poses no threat; def. will appear (i.e. good address, prior contacts, personal knowledge) pg 912
  18. Q: What is Rule 600?
    A: Prompt trial: w/in 180 days if jailed; w/in 365 days if on bail.
  19. Q: When can a trial be extended?
    A: Can’t locate defendant, defendant waives or continuance by defendant or att is unav.
  20. Q: When a trail is extended, it can be extended for how long?
    A: Within 120 days if jailed or 365 if not jailed.
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Rules of Criminal Procedures
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