Con Law Flashcards
(21 cards)
What do you need for a Motor Vehicle Inventory Search?
Lawful custody of a motor vehicle
Written Department Guidelines
Motor Vehicle Exception Search (2 Criteria)
1 .Probable Cause
and
- Public Way
The area around the dwelling that is normally associated with domestic use. Immediate area surrounding a home, not including sidewalk
Curtilage
1st Amendment (SPAR)
Freedom of
-Speech
-Press
-Assembly
-Religion
What regulates assembly by the Government?
Time, Place, Manner
Exit Order (Four criteria)
Officer Safety
Reasonable Suspicion of a Crime
Police function (search, tow, etc.)
Community Caretaking Function (concern for drivers well being, medical emergency)
Categories of Sizable Evidence
Contraband
Instrumentalities
Fruits of the crime
Living person on whom there is outstanding arrest warrant
Dead human body
Three Components to Arrest
Intent, Communication, Control
Three Components to Lawful Arrest
Probable Cause, Arrestable Offence, Jurisdiction
Sources of Information (Aguilar - Spinelli Two Prong Test)
Veracity
Basis of Knowledge
Reliable Sources (4 Components)
Known Victim
Named and Identifiable Witness
Other Police Officer
Person with a good Track Record (Confidential Informant)
Waiver of Miranda Rights must be? Think of VIK!
Voluntary
Intelligent
Knowingly
Exceptions to Warrantless Arrest Inside a Private Dwelling
Fresh & Continuous Pursuit
Exigent Circumstances
Plain View (Three Requirements)
Lawful Presence
Inadvertence
Sizable Evidence
When it comes to a frisk:
Must have reasonable suspicion based on _________________________ that a person is ________________________________.
Specific and articulable facts; armed and dangerous
Speech not protected by the first amendment
Fighting words
Speech Plus
The frisk of a vehicle extends to areas where the suspect realistically ___, ___ or will have access to a weapon.
Had, has or will have access to a weapon
Miranda V. Arizona, before questioning a suspect you will read? OPEN RESPONSE!
You have the right to remain silent
Anything you say can be used against you (in the court of law?)
You have the right to consult with an attorney and have him/her present during questioning
If you cannot afford a lawyer and you want one, a lawyer will be provided for you by the commonwealth at no cost to you.
What is the 5th warning in the Miranda Rights? (Encourage, BUT not required)
You may stop questioning at any time
There’s 4 criteria used by the court to determine custody (Groome Factors). Think of (LIFF)
Location
Interview Style
Focus
Freedom to Leave
Interrogation can also occur when police use any words or actions, which they know, or should know, are likely to elicit an incriminating response. This is known as?
Functional Equivalent
