con law 2 Flashcards
(19 cards)
What is a seizure in constitutional law?
When police take possession of property, make an arrest, or restrict a person’s ability to move freely.
What is mere suspicion?
Level of proof that is less than reasonable suspicion.
What is reasonable suspicion?
Level of proof that is more than mere suspicion but less than probable cause.
What is a Terry Stop?
Seizure / Threshold Inquiry where police can frisk if there are specific and articulated facts to believe a person is armed & dangerous.
What does probable cause refer to?
Level of proof that is more than reasonable suspicion but less than beyond a reasonable doubt.
What is a voluntary encounter?
Police can approach citizens to talk/ask questions as long as they feel free to leave, without needing legal justification.
What is a threshold inquiry?
Also known as ‘Investigative Stop,’ it involves warrantless stopping, questioning, and frisking of suspicious persons.
What is the Collective Knowledge Doctrine?
Knowledge of one is knowledge of all.
What does the Aguilar Spinelli Rule determine?
Whether you have probable cause based on veracity (truthfulness) and basis of knowledge.
What is the major difference between reasonable suspicion (RS) and probable cause (PC)?
The degree of certainty.
What factors may contribute to reasonable suspicion?
- High Crime Area
- Matches the description of suspect
- In the area of recently committed crime
- Criminal record/reputation/gang affiliation
Which factors do NOT constitute reasonable suspicion when standing alone?
- Known Drug Dealer
- Persons with Criminal Record
- Hiding from Police
- Youthful appearance in expensive vehicles
- Mere flight from Police
- Mere presence in High Crime Areas
What is a frisk?
The pat down of the outer clothing to feel for the presence of a weapon based on specific and articulable facts.
Where can a vehicle frisk be conducted?
When it extends to areas where the suspect realistically had, has, or will have access to a weapon.
What constitutes the start of a stop?
When the pursuit begins, including signals to submit to authority, verbal commands, physical touch, blue lights, etc.
What justifies a threshold inquiry?
Violation of municipal law or traffic infraction.
What is required for a K-9 sniff?
Minimum of reasonable suspicion of drugs.
What is the Exclusionary Rule?
Court-created remedy for violations of the 4th Amendment.
What does ‘fruit of the poisonous tree’ refer to?
Evidence obtained illegally will be suppressed at trial.
