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Conlaw Definition Flashcards

(56 cards)

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1
Q

1st Amendment

A

freedom of Speech, Religion, Press

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2
Q

2nd Amendment

A

Right to keep and bear arms

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3
Q

4th Amendment

A

Freedom from unreasonable search and seizure

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4
Q

5th Amendment

A

prohibits Double jeopardy, self incrimination, right to due process

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5
Q

6th Amendment

A

Right to know what you are charged with, the right to a speedy trial, the right to counsel, the right to confront witness

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6
Q

8th Amendement

A

Prohibits excessive bail and cruel and unusual punishment

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7
Q

14th Amendment

A

Provides equal protection and due process of the law applies bill of rights to states

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8
Q

Article 12

A

Same as fifth amendment

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9
Q

Article 14

A

Same as Fourth Amendment

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10
Q

Statutory laws

A

Laws enacted by legislation

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11
Q

Case Law

A

Massachusetts and federal courts interpreting laws become case law

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12
Q

Searches

A

physical invasions or intrusions of privacy by police on people, homes, or personal property to obtain information or gather evidence

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13
Q

Seizures

A

when police take possession of property, make an arrest, or restrict a person’s ability to move freely

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14
Q

Reasonable Suspicion

A

Specific and articulable facts that lead a reasonable person to believe that a person has or is about to commit a crime

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15
Q

Probable cause

A

Trustworthy Facts and circumstances that would convince a person of reasonable caution that more likely than not the person has or is about to commit a crime

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16
Q

Collective knowledge

A

The knowledge of one is the knowledge of all

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17
Q

Aguilar/Spinelli Rule

A

Two-pronged approach for establishing witness credibility, veracity and basis of knowledge

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18
Q

Basis of knowledge

A

How a person knew the information

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19
Q

Veracity

A

Is the witness credible or reliable

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20
Q

Specific and Articulable Facts
The following factors are recognized by the SJC that can support RS and PC

A

Area of encounter, Reason of encounter, Officer training, Familiarity of suspect (or lack), the defendants nervousness or evasiveness, High crime area (Must articulate), Time of day, Suspects description and proximity to scene, Officers corroboration of facts

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21
Q

Voluntary Encounter

A

Police do not need any justification to approach, talk with and ask questions of any citizen in a public place so long as the citizen is willing.

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22
Q

Search Warrant

A

Absent specific circumstances, officers need a search warrant to search where there is a legal expectation of privacy

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23
Q

Terry Stop

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A

Short in duration, pat frisk of outer clothing for weapons, must have RS

24
Q

Two steps to determine validity of Terry stop

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A
  1. Whether the initiation of the investigation was permissible under the circumstances
  2. what were the reasons officers believed that the suspect could be armed and dangerous
25
Investigative stop limitations
Degree of force, Duration, Scope, Location, Questioning, inferences
26
Degree of force (IS limitation)
Dangerousness to officers, flight, nature of inquiry, length of encounter
27
Duration (IS Limitation)
no set duration, can be no longer than necessary. The more serious the crime the more government intrusion is allowed.
28
Scope (IS limitation)
Limited to gathering information that a reasonable person will allow an investigative stop to continue to gather PC. Must be reasonable and proportionate for the reason for the stop.
29
Search incident to arrest
may be made only for the purpose of gathering fruits, contraband, instruments, and other evidence of the crime for which the arrest was made in order to prevent the destruction or concealment. Also for removing firearms and other weapons the defendant could use to resist arrest.
30
Consent searches
Warrantless searches are allowed when a person consents to allow officers to search somewhere they have a reasonable expectation of privacy
31
are spouses or roommates allowed to consent to searches?
yes to common areas but not to areas where the person has an exclusive expectation of privacy.
32
Plain View
Allows officers to seize evidence that they may not have been looking for but was in plain view to them while legally allowed to be in a space.
33
Reasonable expectation of privacy extends to a persons
Body, Home, Curtilage, personal property, places of business, Electronic devices.
34
Curtilage
the immediate area surrounding a house or dwelling where a person has a reasonable expectation of privacy
35
Exigent Circumstances
A reasonable likelihood for danger to officers or a third party, a reasonable likelihood for destruction of evidence, the likelihood of flight for a wanted person.
36
Frisk
A warrantless and limited searches of a person's outer clothing and other areas in the suspect's immediate control for weapons and not evidence
37
Vehicle Frisk
A frisk can extend to the interior of a person's vehicle as long as it is limited in scope
38
Police Powers of arrest
Arrests are seizures that initiate criminal prosecution.
39
Jurisdiction
A specific geographical area that an officer can arrest and serve.
40
Mutual aid agreements
Mutual aid agreements allow officers to to share personnel between each other and still have authority
41
Fresh and continued pursuit
Permits an officer in a fresh and continued pursuit for an arrestable offense to continue into another jurisdiction
42
citizens arrest
A citizen may make an arrest of someone who has "In fact" committed a felony
43
OIC in mutual aid
An officer in charge of one jurisdiction may request mutual aid from another OIC, once approved, the responding units have full police powers
44
Detentions by merchants
A merchant may detain a shoplifter in a reasonable manner and for no longer than reasonable.
45
Statements by Merchants
In Massachusetts, a merchant accusing a person of shoplifting is enough probable cause to arrest the person.
46
Obsenity
Language regarding sexual content that depicts sex in patently offensive way and has no serious literary, artistic, political, or scientific value
47
Fighting words
insulative, provocative words that are clearly directed at those who hear them.
48
Threats
intended to intimidate citizens and must be a true threat
49
Double jeopardy
Cannot be punished for the same mistake twice
50
Self incrimination
cannot be compelled to testify against yourself.
51
Due Process
protects people from government action by ensuring that there is a system in place and rules that must be followed before the government could infringe on someones rights
52
objective
what a reasonable person would do
53
subjective
what an individual thought in the moment
54
Location (IS limitation)
cannot move suspects
55
questioning (IS limitation)
Officers are not required to Mirandize suspects during an I.S. stop. The suspect is not required to answer.
56
Inferences (IS limitation)
Inferences of crime may be unreasonable.

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