CON LVL 2 Day 1

Question 1

First Amendment
SPARP

Answer 1

Speech
Press
Assembly
Religion
Petition

Question 2

Communication of ideas, orally, or written

Answer 2

Speech

Question 3

If strong rational exist, how can assembly be regulated?

Answer 3

Time, Place, and Manner matters

Question 4

Unlawful Assembly

Answer 4

• 5 or more armed
• 10 or more armed or not
• Tumultuously and Riotously Assembled

Question 5

What form of speech is not protected?

Answer 5

Fighting words
Speech plus

Question 6

Motor Vehicle Search Incident to Arrest

Answer 6

Weapons

Means of Escape

Evidence of the crime for which the person is being arrested

Question 7

Person who cause inconvenience

Resisting arrest

Answer 7

Disorderly Person

Question 8

What can you do when you have mere suspicion/ hunch?

Answer 8

Observe/ Investigate

Question 9

What can you do when you have reasonable suspicion?

Answer 9

Stop/ Threshold inquiry

Question 10

What can you do when you have probable cause?

Answer 10

Arrest/ Search

Question 11

51%
That level of proof that is more than reasonable suspicion, yet less than proof beyond the reasonable doubt.

Answer 11

Probable Cause

Question 12

That level of proof that is less than probable cause, but more than mere suspicion

Answer 12

Reasonable Suspicion

Question 13

That level of proof based on facts sufficiently strong in themselves, to cause a reasonable and prudent person to believe that the accused committed the crime with which he is charged

Answer 13

Probable Cause to Arrest

Question 14

That level of proof based on facts sufficiently strong in themselves to cause a reasonable person to believe sizeable evidence is located in a particular place.

Answer 14

Probable Cause to Search

Question 15

The padding down of the outer clothing of a person, or area under his control, to determine by the sense of the touch, the presence of a weapon. In specific instances, it may include motor vehicles.

Answer 15

Frisk

Question 16

What is the purpose for a frisk?

Answer 16

For weapons

Question 17

For a frisk you need specific and articulable facts that this person is ______ and ________

Answer 17

Armed and Dangerous

Question 18

Aguilar Spinelli Rule

Answer 18

Veracity
Basis of knowledge

Question 19

To amount to an arrest
ICC

Answer 19

Intent
Communication
Control

Question 19

Court created rule to remedy violations of 4th amendment rights

Answer 19

Exclusionary rule

Question 20

Lawful Arrest
PAJ

Answer 20

Probable Cause
Arrestable Offense
Jurisdiction

Question 20

Are motor vehicle inventories administrative or investigative

Answer 20

Administrative

Question 21

For a Motor Vehicle Inventory Search, what are the two things you need?

Answer 21

Lawful Custody of the Motor Vehicle
Written Department Guidelines

Question 21

Purpose for inventory

Answer 21

Safeguards owners property

Protect police from accusations of theft

Protect the place of detention from dangerous item

Question 22

Motor Vehicle Exception Search

Answer 22

Probable Cause Public Way Scope and Intensity= Entire Vehicle

Question 23

Who issues search warrants?

Answer 23

Superior Court Judge District Court Judge Superior Court Clerk Magistrate District Court Clerk Magistrate

Question 24

After a search warrant is issued, how long do you have to conduct the search?

Answer 24

7 days

Question 25

What is the time for a nighttime search warrant?

Answer 25

10pm-6am

Question 26

To execute a search warrant you must ____ and ____ with the warrant in hand

Answer 26

Knock and announce

Question 27

What do you need for a no-knock warrant?

Answer 27

Prior Judicial Authorization

Question 28

5 Categories of Seizeable Evidence

Answer 28

Contraband Instrumentalities Fruits of the crime Person with a Warrant Dead Human Body

Question 29

Area to be searched

Answer 29

Scope

Question 30

Where you may search within the scope

Answer 30

Intensity

Question 31

_____ are limited, warrantless searches to conduct a cursory check of a person for people only, ***NOT*** evidence.

Answer 31

Protective Sweep

Question 32

Reasons for an Exit Order

Answer 32

Officer Safety Investigation (RS of a crime) To Conduct a Police Function (Tow, Search) Community Caretaking Function (Medical Emergency)

Question 33

Are exit orders automatic at a traffic stop?

Answer 33

No

Question 34

What crime has to be committed for an exit order?

Answer 34

ANY crime

Question 35

***MOTOR VEHICLE FRISK*** The frisk of a vehicle extends to areas where the suspect

Answer 35

Realistically had, has, or will have access to a weapon

Question 36

SJC relied on ___________ and held that it avoids speculation or second guessing an officer decision for MV stops (Pre-textual stops)

Answer 36

Authorization test

Question 37

The use of physical force is a _______ under the 4th amendment

Answer 37

Seizure

Question 38

Use of force will be held to ________

Answer 38

Reasonable Standard “Objectively Reasonable”

Question 39

Miranda Rights ***5 REASONS***

Answer 39

You have the right to remain silent Anything you say may and will be used against you in a court of law You have the right to consult with an attorney before answering any questions and you can have him present during questioning If you cannot afford a lawyer and you want one, a lawyer will be provided for you by the commonwealth without cost to you 6th ***You may stop questioning at any time***

Question 40

What equals Miranda?

Answer 40

Custody Interrogation

Question 41

Direct questioning likely to result in an incriminating response

Answer 41

Interrogation

Question 42

Interrogation can occur when police use any words or actions, which they know, or should be reasonably aware, are likely to elicit an incriminating response

Answer 42

Functional Equivalent

Question 43

To be able to Waiver of Miranda Rights said person must be

Answer 43

Voluntary Intelligent Knowingly

Question 44

Significant deprivation of freedom, arrest, significant detention

Answer 44

Custody

Question 45

Groome Factors - 4 criteria used by the court to determine custody LIFF

Answer 45

Location Interview Style Focus Freedom to Leave

Question 46

If a person is on drugs/ alcohol, would not able to waive miranda What is this called?

Answer 46

Self-induced disability

Question 47

Right to silence invoked

Answer 47

***ALL*** questioning stops Unless suspect initiates; or Unless an attorney is present MAY question them about other unrelated crimes

Question 48

Right to counsel invoked

Answer 48

***ALL*** questioning stops Unless suspect initiates; or Unless attorney is present ***MAY NOT*** question them about ANY crime.

Question 49

What is the minimum level you need of information you have in order to detain a suspect for a show up?

Answer 49

Reasonable suspicion

Question 50

How many hours do you show up/bring back after the commission of the crime?

Answer 50

2 hours

Question 51

Forbids police from implanting criminal ideas in innocent minds and brings about offenses that otherwise would never been perpetrated

Answer 51

Entrapment

Question 52

If a K9 alerts the handler what you have?

Answer 52

PC ***u need reasonable suspion to call for a K9 first***

Question 53

The immediate area surrounding a dwelling that generally includes driveways, gardens, deck, swimming pools, garages, and storage sheds

Answer 53

Curtilage

Question 54

Once the item on the search warrant is discovered…

Answer 54

The search ends

Question 55

Exceptions to warrantless arrest in private dwelling:

Answer 55

***Fresh & continuous pursuit*** (chasing suspect and investigation continues) ***Exigent Circumstances*** (like someone screaming for help) remember that crazy

Question 56

What is a pretextual stop

Answer 56

Allowed to observe/follow someone you think is of unlawful design and then stop them when they commit a traffic violation ***THIS IS ALLOWED CRAZY***

Question 57

plainview

Answer 57

lawful presence inadvertence seizable evidence

Question 58

strip search

Answer 58

need probably cause authorization needed from DS

Question 59

body cavity search

Answer 59

higher degree of probable cause search warrant signed by a JUDGE ONLY done by medical professionals

Question 60

true or false miranda generally not required for routine traffic stops

Answer 60

true

Question 61

6th amendment / article 12

Answer 61

at and after arraignment at and after indictment