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Flashcards in 1. Con Law Deck (43)
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1
Q

What guarantees are from the First Amendment?

A

Freedoms, petitions, assembly

2
Q

What guarantees are from the Fourth Amendment?

A

AGAINST UNREASONABLE SEARCHES AND SEISURES

3
Q

What guarantees are from the Fifth Amendment?

A

the right against compelled self-incrimination, the right to a grand jury, the right of protection against double jeopardy and the right to due process

4
Q

What guarantees are from the Sixth Amendment?

A

Right to a speedy and fair trial

5
Q

What is probable cause?

A

Reasonable grounds for making an arrest/search warrant

6
Q

What is reasonable suspicion?

A

It requires that officers have an objectively reasonable basis for suspecting criminal activity before detaining someone

7
Q

What are the Bills of Rights?

A

First Ten Amendments of US Constitution outlining basic rights guaranteed to all citizens

8
Q

What is the second amendment?

A

Right to bear or own arms

9
Q

What does the third amendment protect?

A

Quartering of Soldiers, unless consent

10
Q

What does the Seventh amendment protect?

A

Rights to have civil cases, or lawsuits be decided by a jury in federal court.

11
Q

What does the Eighth amendment protect?

A

prohibits the federal government from imposing excessive bail, excessive fines, or cruel and unusual punishments.

12
Q

What does the Ninth amendment protect?

A

The federal government doesn’t own the rights that are not listed in the Constitution, instead, they belong to the people.

13
Q

What does the Tenth amendment protect?

A

States rights in anything not listed in the constitution

14
Q

What is justified as a “Detention”?

A

An investigation with reasonable suspicion (20-30Min)

15
Q

What is justified as an “Arrest”?

A

Probable cause, taken into custody and depriving them of liberty

16
Q

What is a “Summons”?

A

A legal document issued by a court or by an administrative agency of government for various purposes

17
Q

What is the “Information” on an arrest warrant?

A

The “affidavit” must recite sufficient factual information to establish probable cause that a crime was committed and that the person named in the warrant committed it.

18
Q

What is the “Hearsay Rule”?

A

the report of another person’s words by a witness, which is usually disallowed as evidence in a court of law

19
Q

The “Miranda” demonstrates protection for which Amendment Rights?

A

Fifth Amendment privilege against self-incrimination and the Sixth Amendment right to counsel as defendant

20
Q

What two factors are needing for a “Miranda Warning”?

A

Custody + Interrogation

21
Q

What is considered a “interview”?

A

Voluntary conversation with no incriminating questioning

22
Q

What is an interrogation?

A

Guilt seeking questions

23
Q

What is the “admissibility” of a confession?

A

Voluntary when made of the free will and accord of the accused, without fear or threat of harm and without hope or promise of benefit, reward, or immunity

24
Q

What is a “Frisk Search”?

A

Passing the hands over (someone) in a search for hidden weapons, drugs, or other items.

25
Q

What is an “Admission” of guilt?

A

First acknowledgement of a confession (Ya I did it)

26
Q

What 2 requirements are needed for a consent search?

A

voluntariness of the consent and awareness of the right of choice

27
Q

What is the “Plan view doctrine”?

A

An officer may seize evidence and contraband that are found in plain view during a lawful observation

28
Q

What is the “exigent circumstances” referring to an arrest warrant?

A

circumstances that would cause a reasonable person to believe that entry was necessary: Destruction of Evidence, Emergency Aid, Hot Pursuit.

29
Q

What is a “special circumstance”?

A

A situation where criminal activities are executed with high disregard to society and/or life.

30
Q

When is a private person bound by the provisions of the 4th amendment?

A

When or if they are instructed by law enforcement to gather evidence.

31
Q

How long is a search warrant valid for? Or how many days do you have to rerun after served?

A

Ten days valid and after 2 days of execution

32
Q

What is the knock/announcement rule?

A

Knock loud, state authority (Agency), state purpose and demand entry

33
Q

What is a “Search” defined as?

A

To seek evidence of a crime being investigated or contraband connected to criminal activity or arrests

34
Q

What documents are associated with a legal search?

A

An “application and affidavit is needed” - probable cause

35
Q

What is “Qualified Immunity” mean referring to Police Officer liability?

A

Immunity for the LEO if his/her conduct was not in violation of clearly defined principles of constitutional law

36
Q

What is a “False Arrest”?

A

where a plaintiff alleges they were held in custody without probable cause, or without an order issued by a court of competent jurisdiction

37
Q

What does “negligent use of a firearm” mean?

A

Recklessly shot, stored or aimed.

38
Q

What does “negligent use of a motor vehicle” mean?

A

Not following traffic laws, vehicle maintenance or doing something they knowingly shouldn’t be doing

39
Q

What came from “Tennessee vs Garner”

A

The use of deadly force to
stop a fleeing felon is not justified unless probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others.

40
Q

What came from “Chimel vs. California”?

A

The arrest of a person in his home does not allow the warrantless search of the whole house incident to
arrest.

41
Q

What came from “Terry vs. Ohio”?

A

“stop and frisk” a person they reasonably suspect to be armed and involved in a crime

42
Q

What came from “Mapp vs. Ohio”?

A

Courts applied the “exclusionary rule” to the states. evidence seized unlawfully, without a search warrant, could not be used in criminal prosecutions in state courts

43
Q

What came from “Carrol Vs. U.S”?

A

Police may conduct a warrantless search of a vehicle stopped on traffic
if there is probable cause to believe that the vehicle contains contraband or evidence.