con law Flashcards
(125 cards)
1
Q
freedom of
* religion
* speech: fighting words not protected / obscenity not protected
* press: people can video & record police if they are not interfering with the police
* assembly
* petition
A
1st amendment
2
Q
provides the right to keep & bear arms
A
2nd amendment
3
Q
prohibits unreasonable search & seizure by the government
A
4th amendment
4
Q
- prohibits 2x jeapody
- self - incrimination
- provides the right to indictment
- guarantees the due process of the law
A
5th amendment
5
Q
right to be informed of the true charges against a person
* counsel
* to bail
* a speedy trial
* impartial jury
* to comfort witnesses
* compel witnesses to testify on your behalf
A
6th amendment
6
Q
provides the right to due process & equal protection under the law
* applies to all people
* applies to all states
* a state can be more restrictive
* the accused has the right to defend themselves and be heard
A
14th amendment
7
Q
True or False: states cannot take away any rights guaranteed by the United States Constitution
A
True
8
Q
DUE PROCESS
* must know the charges against a person
* no self - incrimination
* right to provide proof of innocence
* right to be heard or counsel heard
* right to be tried by jury of peers
A
article 12
9
Q
search & seizure
* no unreasonable search & seizure
* warrants must be supported by probable cause
A
article 14
10
Q
when a person is not free to leave
* can be actual or implied
* actual: arrest
* an investigative detention can only las as long as necessary to affect the purpose of the stop
A
seizure
11
Q
a reasonable person would not believe they are not free to leave
A
implied seizure
12
Q
must be reasonable
* warrant required
* warrantless search
- officer safety
- search incident to arrest
- inventory search
A
search
13
Q
less than probable cause but more than a hunch
* applies to the temporary investigative stops & detentions that do not amount to an arrest
* the purpose of the stop is to determine if probable cause exit
A
reasonable suspicion
14
Q
true or false is a search based on probable cause?
A
TRUE
15
Q
true or false: reasonable suspicion is based on specific & articulable facts which when taken together would convince a person of reasonable caution to believe that a person has committed, is committing or is about to commit a crime
A
TRUE
16
Q
the Court concluded that the Fourth Amendment did not prohibit police from stopping a person they have reasonable suspicion to believe had committed a crime, and frisking that person if they reasonably believe that person to be armed.
A
terry v ohio
17
Q
A police officer may stop a vehicle in order to conduct a threshold inquiry if he has a reasonable suspicion that the occupants have committed, are committing, or are about to commit a crime. His suspicion must be based on specific, articulable facts and reasonable inferences drawn therefrom.
A
commonwealth v wren
18
Q
all arrest & evidentiary searches must be supported by
A
probable cause
19
Q
TRUE OR FALSE: trustworthy facts and circumstances sufficient to convince a person a person of reasonable caution to believe that it is more likely than not that a specific item subject to seizure will be found in a place to be searched or a crime has been committed and the person to be arrested has committed it
A
true
20
Q
knowledge of one is knowledge of all
A
collective knowledge
21
Q
police must be able to show an informants reliability & basis of knowledge
A
aguilar spinelli rule
22
Q
reliability
A
veracity
23
Q
TRUE OR FALSE: a reliability of an anonymous caller can be established through independent police corroboration, observation, or investigation of the details provided by the caller
A
TRUE
24
Q
TRUE OR FALSE: if knowledge is obtained through direct, personal, sensory observation the prong is satisfied
A
true
25
true or false: police dont have to include specific and articulable facts in their reports
false
26
a police officer may greet, talk with and ask a person questions
- the person doesnt not have to respond and is free to leave
voluntary encounter
27
( non arrest) you need a reasonable suspicious of criminal activity to determine if probable cause exist for a specific crime
investigative stop
28
- duration cannot be any long than reasonably necessary
- the scope is limited to gathering information based on specific and articulable facts
- absent safety considerations officers should not move the person from one location to another
- bring witness to the suspect but not the suspect to the witness
investigative stops x2
29
a police officer needs a reasonable suspicion or reasonable fear for officer safety
exit order
30
true or false: officers may also issue exit orders based on other pragmatic reasons such as ordering a passenger out of a vehicle that is being towed or when conducting a community care-taking function
TRUE
31
based on reasonable suspicion that is based on specific and articulable facts that a person may be armed and dangerous
frisk
32
can a frisk be applied to motor vehicle & lunge area?
YES
33
true or false: frisk is limited to the outer clothing & areas in the persons immediate control for weapons only not evidence
True
34
there must be a reasonable belief on specific & articulable facts that there are third parties on the premises that present danger to the officers or will destroy evidence for officers to conduct a limited warrant less search of a premises for people only not evidence
- plain view does apply
protective sweeps
35
in order for a person to be arrested there must be probable cause to believe that a suspect committed a crime
arrest
36
when police take possession for property make an arrest or restrict a persons ability to move freely
seizure
37
forcible restraint that deprives a person of liberty and freedom of movement the higher standard of probable cause is required for
arrest
38
written order by the court based on probable cause that commands police to take a person into custody & bring them before the court
arrest with a warrant
39
TRUE OR FALSE: justices of the supreme judicial court superior court district court & clerk magistrates are authorized to issue criminal arrest warrants
TRUE
40
true or false: states that search warrants can’t be issued for property & people
FALSE
41
true or false: requires a police officer serving a search warrant to knock & announce their presence before forcibly entering a residence unless a no-knock warrant is authorized
true
42
true or false: police can forego the knock & announced rule unless theirs is credible risk of imminent harm
false
43
what is the time for warrants cannot be served between??
10PM - 6AM
44
warrants are the preferred method when making an arrest
arrest without a warrant
45
if you make an arrest the person cannot be arraigned within how 24 hours
Jenkins hearing
46
warrantless arrest can be made in public but not in a residence unless an excempt exist
consent
exigency
47
allows the police to make entry and conduct searches without a warrant in places where a reasonable expectation of privacy exists
exigent circumstances
48
5 powers of arrest
1. arrest with a warrant
2. felony in presence of probable cause
3. misdemeanor in presence / breach of the peach
4. misdemeanor statutory power of arrest
5. misdemeanor statutory power of arrest on probable cause
49
the suspect must have in fact committed a felony
citizens arrest
50
true or false: citizens arrest does include misdemeanor
false
51
is the city or town that employs them unless
- officer charge has requested assurances from another officer
- there is mutual aid agreement
- transferred authority
- fresh & continuous pursuit
- citizens arrest
jurisdiction
52
true or false: a police officer can serve a warrant anywhere in MA
true
53
a stop can be made from within your jurisdiction into another jurisdiction only for an arrestable offense
extraterritortial stop
54
the immediate area surrounding a dwelling that generally include driveways gardens, decks, swimming pools garages and sheds
curtilage
55
true or false: there is no expectation of privacy for open fields
true
56
true or false: there is an expectation of privacy for abandoned property
false
57
detain shoplifting suspect in a reasonable manner and not for more than a reasonable length of time
merchant detentions
58
only for the purpose of seizing fruits, instrumentalities, contraband and other evidence of the crime for which the arrest has been made to prevent its destruction or concealment and removing any weapons the arrestee might use to resist arrest or effect his escape
search incident to arrest
59
police must have probable cause to believe a person has concealed a weapon or evidence of the crime for which they were arrested for what would not otherwise be discovered by a standard search incident to arrest of the persons outer garments
strip search
60
requires a warrant issued by judge
- must be done by a medical professional
body cavity searches
61
the inherent mobility of motor vechiles makes it easier to remove destroy or relocate evidence to another location
carroll doctrine
62
true or false: if there is probable cause to believe evidence of a crime is inside a motor vehicle and the vehicle is stopped and located on a public way officers may search anyway inside the vehicle where the evidence could be reasonably located including the trunk without a warrant
true
63
a warrantless search where a person allows officers to search places where the person consenting has a reasonable of privacy
consent search
64
a person who lives in a home with a shared right of access
actual authority consent
65
true or false: actual authority consent the scope of the search may be limited and can be revoked at any time
true
66
are not investigative searches
inventories
67
true or false: inventories are only looking for values
true
68
safeguard the owners property the police from accusations of theft and to protect the place of detention from introducing dangerous items into the environment
inventory search
69
follows arrest but precedes incarceration
person inventory
70
must be conducted according to a written departmental policy
- reasonable necessary
- officers should try to seek reasonable alternatives to the impoundment
motor vehicle inventory
71
the potential responsibility for payment of damages or other court imposed sanctions from a lawsuit
civil liability
72
1. government action
2. standing
3. reasonable expectation of privacy
4. probable cause
What are the four requirements that must be met for the exclusionary rule to be invoked?
73
What are the five exceptions to the exclusionary rule?
1. attenuation
2. independent source 3.inevitable discovery
4. defective warrant
5.invalid arrest
74
There are three possible circumstances to allow a police officer to effect an arrest on a premise not listed in an arrest warrant. What are the three requirements?
1. Exigency
2. Consent
3. Search Warrant
75
What two actions are required of officers prior to entering into a residence to effect an arrest warrant?
1. Knock-and-announce
2. allow for a reasonable amount of time to pass.
76
Officer Smith responds to a burglary call at 123 Main Street. The reporting party describes the suspect as a white male, approximately 6 feet tall, wearing a white shirt and blue jeans. Officer Smith searches the area and locates an individual matching the description. Based solely on the corroborating description, Officer Smith arrests the individual and brings him to the police station for booking. Was Officer Smith’s arrest valid? Why or why not?
NO, Officer Smith did not have probable cause to effect the arrest, only reasonable suspicion.
77
John Smith is being investigated for murder. He left his trash in the street, does he have a reasonable expectation of privacy for that trash?
No, because this was discarded garbage outside of the curtilage
78
Does a person have a reasonable expectation of privacy to a shed 200 feet away from a dwelling in an unmaintained yard?
No because the shed is an unreasonable amount of feet away from the house to be considered curtilage and the yard was unmaintained.
79
What is the Katz Test evaluating?
The Katz Test evaluates the expectation of privacy through subjective and objective views.
80
Name any three of the facts used to establish probable cause for a warrantless arrest.
1. Officer’s knowledge
2. officer’s observation, 3 corroboration of evidence
4. victim/witness statements
5. suspect’s prior criminal record
6. suspect’s confession or admissions
7. suspect’s flight or secretive conduct.
81
What are three things search warrants can be issued for?
1. The dead body of a human being
2. the body of a living person for whom a current arrest warrant is outstanding
3. property that is illegal to possess
82
How long do officers have to execute a search warrant?
7 days
83
What circumstance must be apparent to forgo the knock-and-announce requirement for a search warrant?
Preventing a credible risk of imminent harm
84
What are the two requirements to obtain a no-knock warrant?
1. Officers' announcement of themselves is more likely than not to bring them danger.
2. There is no reason to believe that minor children or adults over the age of 65 are in the home
85
Items to be seized may not be at the particular place described when the warrant is issued, but it is anticipated that it will be there in the future
anticipatory search warrant
86
When a police officer searches an individual who is under arrest and their immediate area, what are they looking for?
The officer is looking for fruits and instrumentalities of the crime committed.
87
If a police officer involuntarily moves a person from one location to another, does the searchable area incident to arrest change?
No, the searchable area does not change because an officer cannot move a person with the intent to expand the searchable area.
88
Can a police officer touch an arrested individual when performing a strip search?
No, a police officer cannot physically touch the arrestee but can ask the arrestee to physically reposition their body as needed.
89
What are 3 of the exceptions to jurisdiction
1. mutual aid agreements
2. officer in charge aid
3. transferred authority
4. fresh and continuous pursuit, citizens arrest
5. arrest warrant
90
Officer Smith, who is a North Andover police officer, is responding to calls of an armed bank robbery on route 114 in North Andover. While pulling into the bank parking lot, Officer Smith observed a person matching the description of the subject. The person was running from the bank, appeared to be holding a handgun in their hand, and jumped into a vehicle and sped away. The individual pulled out onto 114 and continued into Middleton. Is Officer Smith able to continue with his pursuit, and if so, what would give him the ability to do so?
Yes, the jurisdiction exception of fresh and continued pursuit
91
A search, in the constitutional sense, occurs when there is an official intrusion into what?
a place where a person has a reasonable expectation of privacy
92
What is the one exception to double jeopardy under the 5th Amendment?
(You can be charged for the same crime at the state/local AND federal level (Dual Sovereignty Doctrine)
93
What article in the Massachusetts Constitution does the 5th, 6th, and 14th Amendments relate to?
XII (12)) (this is because there is the right to due process, knowing the charges against you, no self-incrimination, proof of innocence, confront witnesses, right to counsel, tried by a jury)
94
True or False: During a voluntary encounter, any physical contact makes this interaction no longer voluntary
False, contact such as shaking hands, high-fives, etc. don’t constitute a seizure
95
What are some things a police officer is not allowed to do during a voluntary encounter?
don’t confine them, don’t restrict them to move, don’t make seizure commands.
96
On an investigative stop for B&E, can an officer frisk a suspect on the initial basis of reasonable suspicion with no additional facts provided?
(No, they need to have additional reasonable suspicion that the suspect is armed and dangerous as well).
97
True or False: An investigative stop is a short-duration, warrantless seizure used to determine if probable cause exists
(True)
98
True or False: In order to conduct an investigatory stop, police must have probable cause based on specific and articulable facts
(False, in order to conduct an investigatory stop police must have reasonable suspicion based on specific and articulable facts)
99
What is the legal standard that applies to temporary investigative stops and to frisks?
Reasonable suspicion
100
True or False: Police must establish reasonable suspicion or probable cause only using their own personal observations.
False: police must establish reasonable suspicion or probable cause using their own personal observations or from information received from other sources.
101
What are the two prongs that satisfied the Aguilar Spinelli Rule?
Basis of Knowledge
Veracity
102
A team of officers conducts a search on a suspect's home for narcotics. During the search they come across multiple bags of cocaine, packaged to be sold. The officers seize the evidence and arrest the defendant. Later it is discovered the warrant failed to state the items that were being sought. A court ruled that the evidence did not need to be suppressed and could be admitted as evidence.
(Defective Warrant) The court decided that the officers did not exploit the illegality of the warrant and conducted the search in the same way they would have if the warrant was legal.
103
within the interior of a motor vehicle must be limited by and rationally connected to, a safety concern about the particular area to be searched
scope of a motor vehicle frisk?
104
After pulling a car over, the driver bends forward and reaches underneath his seat. You give an exit order, and search the vehicle for your own safety. When does this exit order become unjustifiable?
Once the investigation of the initial motor vehicle infraction is over
105
List any 3 factors that have been recognized by the SJC that can support reasonable suspicion and probable cause:
1.Area of encounter
2. Reason for encounter
3. Officer training and experience
4. Familiarity/lack of familiarity with the defendant
5. The defendant’s nervousness or evasive conduct toward the police
6. High crime area
106
All laws enacted in the Commonwealth of Massachusetts must comply with _____________.
The Massachusetts Constitution
107
List any 3 limitations of investigative stops:
1. Duration of stop
2. Degree of force used
3. Scope
4. Location
5. Questioning
6. Inferences
7. Anonymous tips in emergency situations
108
An officer pulls over a vehicle with 3 passengers inside. When the officer talks to the driver of the vehicle, he learns that the vehicle is not his but is owned instead by the person in the passenger seat. The officer asks for consent from the driver of the vehicle to search the vehicle, which he says no to. The officer then asks the owner of the vehicle the same question, to which he answers “sure.” The officer searches the vehicle and finds a backpack in the trunk. The officer asks the passengers who the owner of the backpack is, and learns that it is the driver of the vehicle’s bag. The officer asks the owner of the vehicle if he can open the bag, which he allows. The officer opens the backpack and finds a handgun.
The officer was not allowed to search the driver’s backpack, however, even with the owner of the vehicle’s consent
109
What are the 2 primary reasons behind a vehicle inventory search?
○ Minimize claims of theft against police
○ Protect both police and public from dangerous items
110
Which of the following are not 1 of the 4 legitimate purposes for when impoundment is permissible after arrest of the driver
a) To protect the public from dangerous items that might be in the vehicle
b) To allow for officers to maintain knowledge on where the vehicle is located
c) To protect public safety where the vehicle, as parked, creates a dangerous condition
d) Where the vehicle is parked on private property without the permission of the property owner as a result of a police stop, to spare the owner of the burden of having it towed
b) To allow for officers to maintain knowledge on where the vehicle is located
111
True or False, in a case where officers are conducting a protective sweep on a house
and see a bag of cocaine in plain view, can officers seize it for evidence
True
112
Two officers are called to a noise complaint from a house party, they knock on the door to talk to the owner of the home and shut down the party. In plain view they can see someone passed out on the floor, what principles allows these officers to enter the home without a warrant
exigent circumstances and emergency aid.
113
What are the three factors that allow an officer to conduct a Person Inventory?
a.Person must be lawfully detained (arrested or in protective custody)by officers and the individual is about to be incarcerated
B.Inventory must be conducted pursuant to standard written police procedures
C. Conduct and scope of inventory must be reasonable
114
may the wife of an individual consent to the search of her husband’s home office? The
wife lives in the house with her husband however does not use the office.
A.) No, as the husband has an expectation of privacy and the office is for his exclusive use.
115
If an officer receives consent to search a vehicle and finds contraband or evidence, then the suspect revokes consent, under what two circumstances may the officer continue searching?
A.)Yes, the officer may continue but only if the evidence provides him with
probable cause
116
An officer sees a man seemingly unconscious in their vehicle and worries the individual is unwell, the officer opens the door and attempts to see if the man is okay. While doing so the officer notices heroin and a handgun stuffed next to the driver's seat. Is this discovery lawful or does it violate the fourth amendment?
A.) This discovery is in fact lawful as the officer went into the car acting as a community caretaker, and therefore was reasonable in doing so.
117
A minor has a lock on his door, when police arrive at the house they ask the mother if
they can search her son's room. The mother says yes, you can search his room, she has the key. Does she have the authority to do so?
YES
118
Dispatch has received an anonymous call, you pin the location and send two officers to 123 Main Street. On arrival you hear a scream, and a voice that says “Everything is okay in”. Merrimack College PD knocks and ask if everything is okay. No one responded. Are police allowed to enter 123 Main Street without a warrant
Yes, because emergency aid.
119
What are common circumstances that allow a police officer to lawfully impound a vehicle:
A)Someone's car on their own property
B)A parked vehicle on the side of the road that looks suspicious
C) Abandoned vehicle
D) A car in a high crime area
C) Abandoned vehicle
120
For a consent search, what two things are needed for the consent to be valid?
Must be Voluntary and clearly communicated
121
Name the 4 most common lawsuits filed against Officers:
- False arrest
- Use of force
- Malicious prosecution
- Failure to stop unlawful actions by fellow officers
122
Name 2 reasons is it important to follow your agency's written policy on inventory searches.
A. Gives limits and directions of the search, assuring consistency
b. Evidence seized during the inventory search will be suppressed if the policy is
violated.
123
true or false: Probable cause gives police officers the right to perform a manual body cavity search.
false
124
If there is probable cause to believe that evidence of a crime is contained in a vehicle, what allows police officers to search the vehicle without a warrant
The automobile exception/ Carroll doctrine
125
What is the baseline requirement to use a K9 during a motor vehicle stop?
Reasonable suspicion
probable cause
OUI
Terry Stop
Reasonable suspicion
