Civil Rights/constitutional Law

Question 1

What are the amendments that are of special interest to police

Answer 1

1st amendment
4th 
5th
6th
8th
14th

Question 2

Is the constitution a living document?

Answer 2

Yes, it is constantly being interpreted to fit modern issues

Question 3

Is the freedom guaranteed by the constitution are absolute?

Answer 3

No, the “rights” of an individual are weighed against the purpose in which the denial is based

Question 4

What amendment is the right to freedom of speech, freedom of religion, peaceably assemble, freedom of the press.

Answer 4

1st amendment

Question 5

What amendment pertains to the right of the people to be secure in their persons, houses, papers against unreasonable searches and seizures, and no warrants shall be issued without probable cause describing place to be searched and the person or thing to be seized

Answer 5

4th amendment

Question 6

What amendment protects you from incriminating yourself, due process, or double jeopardy?

Answer 6

5th amendment

Question 7

What amendment provides you the right to a speedy trial, legal representation, right to know your accuser, and right to have witnesses?

Answer 7

6th amendment

Question 8

What amendments keep you from having excessive bail, excessive fines, or cruel and unusual punishment?

Answer 8

8th amendment

Question 9

Which amendment protects ALL people equal protection and treatment?

Answer 9

14th amendment, includes ALL illegal aliens too!!!

Question 10

Are illegal aliens protected like everyone else?

Answer 10

Yes

Question 11

What is probably cause?

Answer 11

The facts and circumstances which the officer has reasonably trustworthy info and sufficient to warrant a person of reasonable caution that a crime has been or is being committed

Question 12

What is a search?

Answer 12

Explorations or inspections by police of homes, premises, vehicles, or persons for the purpose of discovering evidence of a crime

Question 13

What is seizure?

Answer 13

Taking persons or property into custody in response to violations of the criminal law

Question 14

When does the 4th amendment pertain to use of force?

Answer 14

• When we detain someone (arrest)
• When we search someone or place
• shoot and kill someone

Question 15

The fourth amendment is separated into 2 separate clauses, what are the 2 clauses?

Answer 15

1) unreasonable search and seizure clause

2) the warrant clause

Question 16

A warrantless search and seizure is….

Answer 16

Deemed unreasonable and it is up to the government to justify their actions

Question 17

A warrant search and seizure is…

Answer 17

Deemed reasonable because Warner’s are signed by the judge

Question 18

What are the requirements for the warrant clause?

Answer 18

• oath or affirmation by officer
• facts and circumstances establishing probable cause
• describing places to be searched and things to be seized

Question 19

What are the 5 important constitutional “cases”

Answer 19

1. MAPP vs Ohio
2. Miranda vs Arizona
3. Terry vs Ohio
4. Graham vs Conner
5. Tennessee vs Gardner

Question 20

What does the MAPP vs Ohio case entail?

Answer 20

Exclusionary rule (fruits of the poisonous tree)

Went into house to look for wanted person but went into drawers and found kid porn. Courts ruled was fruits of the poisonous tree because a guy couldn’t fit into a drawer so they shouldn’t have been looking in drawers

Question 21

What does Miranda vs Arizona case entail

Answer 21

Must advice suspect of their rights before asking them questions about a crime

Question 22

What does the Terry vs Ohio case entail?

Answer 22

Protective weapons search, terry stop, terry frisk without probable cause.

Officer on duty saw three guys In trench coats during summer heat pacing back and forth in front jewelry story. Was in a high crime area. Thought they were gonna rob the place so he stopped them and searched them for weapons and found weapons.

Question 23

What does the graham vs Conner case entail?

Answer 23

Objective reasonableness severity of the crime, suspects level of threat, and suspects level of resistance

Guy is diabetic needs sugar runs into grocery story but runs out cause doesn’t have what he needs. Police sitting outside thinks he robbed the place. Stops him and tries to talk with him but because he is diabetic he is showing signs of what police thought was resistance so they beat him.

Question 24

What does Tennessee vs Gardner case entail?

Answer 24

Can’t shoot fleeing suspect (ultimate seizure, Ruth amendment)

15 year old boy burgs place and takes off. Officer shoots him in back while fleeing

Question 25

What is objective reasonableness standard?

Answer 25

Courts look at the “totality of the circumstances” to determine whether the manner of arrest was reasonable.

Question 26

In determining if force was reasonable, courts must examine...

Answer 26

- The need for the application of force - relationship between the need and amount of force used - extent of the injury inflicted

Question 27

Police power and authority comes from the...

Answer 27

The constitution

Question 28

What laws are stricter state or federal?

Answer 28

State laws

Question 29

Does a civil rights violation require a formal complaint for an investigation to be initiated.

Answer 29

No

Question 30

With respect to a violation of an arrestees right to medical attention

Answer 30

it must be proven that the officer KNEW the person needed or wanted treatment, then refused to provide it (plays into the willful component needed to prove a civil rights violation).

Question 31

No person shall, under color of any law willfully subject any person....

Answer 31

the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States

Question 32

Violation of a persons civil rights is a...

Answer 32

Misdemeanor

Question 33

Violation of someone’s civil right is a misdemeanor. It becomes a FELONY when...

Answer 33

- Bodily Injury results - use/attempted use/threatened use of a Dangerous Weapon, Explosives, or Fire - Death Results - Kidnapping or Attempt to Kidnap, - Aggravated Sexual Abuse, or an Attempt to Commit Aggravated Sexual Abuse, or an - Attempt to Kill, the violation shall be a felony.

Question 34

Prosecution of Title 18 U.S.C, Section 242 Requires 3 Factors be proven. What are the 3 factors?

Answer 34

1. Acted under the “Color of Law” 2. Acted Willfully (not an accident, on purpose) 3. Violated a Constitutional or Statutory Right

Question 35

What are the Factors relating to “Color of Law”

Answer 35

``` ▪ Clothing ▪ On or Off-Duty status ▪ Display of Badge ▪ Commands issued ▪ Personal or Official reasons for the actions taken ▪ Use of Issued Equipment ```

Question 36

Define Willfulness:

Answer 36

Individual had a specific intent to violate a person’s rights. The individual must have known what they were doing was wrong and did it anyway

Question 37

Evidence of Willfulness Includes:

Answer 37

``` ▪ An attempt at a “Cover-up” ▪ Making false statement regarding the incident ▪ Bragging about the act ▪ Violated Departmental Policies ▪ Did not follow training ▪ Witnesses to the incident ```

Question 38

Define a hate crime

Answer 38

A crime motivated by bias against race, religion, disability, sexual orientation, ethnicity, gender, or gender identity. A Crime + Motivation for committing the crime based on Bias = Hate Crime Due to the 1st Amendment (Freedom of Speech) A person cannot be prosecuted simply for expressing their biased views and offending others in the process. However, the 1st Amendment does not allow a person to commit a crime because of their biased beliefs.

Question 39

Define human trafficking

Answer 39

crime that involves exploiting a person for labor, services, or commercial sex. NOTE: If the victim is a minor, the offense of Trafficking does not require the use of force, fraud, or coercion

Question 40

The constitution consist of how many articles and how many amendments

Answer 40

7 articles and 27 amendments

Question 41

The first 3 Articles set up the 3 separate branches of the Federal Government, which include:

Answer 41

Article 1 - Legislative Branch (Congress: House of Representatives and Senate) Article 2 - Executive Branch (Headed by the President) Article 3 - Judicial Branch (Supreme Court and other lower Federal Courts)

Question 42

Is a persons right absolute

Answer 42

No. The US Constitution is a “Flexible” document which is constantly changing and Rights are Not Absolute. The rights of individuals are weighed against the purpose on which a denial is based.