Conlaw questions Flashcards
(16 cards)
What are the limits to the First Amendment
Fighting words, threats, obscenity, incendiary speech
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.
If you frisk someone from a car and find a gun can you frisk everyone else in the car?
Yes, the risk is not over
There are three roommates in an apartment. Two give consent to search, but one says no, can you search?
No consent to search has been revoked
What level of suspicion do you have to be at for a pat frisk?
Reasonable suspicion
What is the system used by police to confirm warrants?
Warrant Management system WMS
What is the type of warrant used for out of state warrants?
Fugitive warrant
What are the agreements between towns for police powers?
Mutual Aid Agreements
Can a police officer when off-duty make an arrest not within their jurisdiction?
Yes, they can make a citizens arrest when a felony has occurred
When can an officer make an extra-territorial stop?
If a police officer witnesses a crime in their own jurisdiction, they can follow them into another jurisdiction to seize them
What elevates incendiary speech so that it is no longer protected by the first amendment?
When a specific means and set time for violence is mentioned- Brandenburg v Ohio
Which amendment applies the bill of rights to the states?
The 14th Amendment
How can the Massachusetts constitution differ from the U.S. constitution
It can provide more protection but not less
Do police officers need to believe that the suspect has a weapon to pat frisk them?
No, if the suspect keeps putting their hands in their pocket and asking nervously they can pat frisk- com V Johnson
Do police officers need to have the arrest warrant on them to make an arrest?
No, but it should be shown to them as soon as possible
Do police officers need to have a search warrant on them to conduct a search warrant?
Yes
