1. Con Law

Question 1

What guarantees are from the First Amendment?

Answer 1

Freedoms, petitions, assembly

Question 2

What guarantees are from the Fourth Amendment?

Answer 2

AGAINST UNREASONABLE SEARCHES AND SEISURES

Question 3

What guarantees are from the Fifth Amendment?

Answer 3

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

Question 4

What guarantees are from the Sixth Amendment?

Answer 4

Right to a speedy and fair trial

Question 5

What is probable cause?

Answer 5

Reasonable grounds for making an arrest/search warrant

Question 6

What is reasonable suspicion?

Answer 6

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

Question 7

What are the Bills of Rights?

Answer 7

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

Question 8

What is the second amendment?

Answer 8

Right to bear or own arms

Question 9

What does the third amendment protect?

Answer 9

Quartering of Soldiers, unless consent

Question 10

What does the Seventh amendment protect?

Answer 10

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

Question 11

What does the Eighth amendment protect?

Answer 11

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

Question 12

What does the Ninth amendment protect?

Answer 12

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

Question 13

What does the Tenth amendment protect?

Answer 13

States rights in anything not listed in the constitution

Question 14

What is justified as a “Detention”?

Answer 14

An investigation with reasonable suspicion (20-30Min)

Question 15

What is justified as an “Arrest”?

Answer 15

Probable cause, taken into custody and depriving them of liberty

Question 16

What is a “Summons”?

Answer 16

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

Question 17

What is the “Hearsay Rule”?

Answer 17

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

Question 18

The “Miranda” demonstrates protection for which Amendment Rights?

Answer 18

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

Question 19

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

Answer 19

Custody + Interrogation

Question 20

What is considered a “interview”?

Answer 20

Voluntary conversation with no incriminating questioning

Question 21

What is an interrogation?

Answer 21

Guilt seeking questions

Question 22

What is the “admissibility” of a confession?

Answer 22

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

Question 23

What is a “Frisk Search”?

Answer 23

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

Question 24

What is an “Admission” of guilt?

Answer 24

First acknowledgement of a confession (Ya I did it)

Question 25

What 2 requirements are needed for a consent search?

Answer 25

voluntariness of the consent and awareness of the right of choice

Question 26

What is the “Plan view doctrine”?

Answer 26

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

Question 27

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

Answer 27

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

Question 28

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

Answer 28

Ten days valid and after 2 days of execution

Question 29

What is the knock/announcement rule?

Answer 29

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

Question 30

What is a “Search” defined as?

Answer 30

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

Question 31

What documents are associated with a legal search?

Answer 31

An “application and affidavit is needed” - probable cause

Question 32

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

Answer 32

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

Question 33

What does “negligent use of a firearm” mean?

Answer 33

Recklessly shot, stored or aimed.

Question 34

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

Answer 34

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

Question 35

What came from “Tennessee vs Garner”

Answer 35

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.

Question 36

What came from “Chimel vs. California”?

Answer 36

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

Question 37

What came from “Terry vs. Ohio”?

Answer 37

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

Question 38

What came from “Mapp vs. Ohio”?

Answer 38

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

Question 39

What came from “Carrol Vs. U.S”?

Answer 39

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.