Constitutional Law

Question 1

1st Amendment

Answer 1

-Spar- Speech/Press/Assembly/Religion
-Speech- can be oral, written, social media, pictures, symbolic
-Speech not protected- Fighting Words
-Speech Plus- incite criminal activity (riot) yelling FIRE

Question 2

Unlawful Assembly

Answer 2

5 or more armed
10 or more armed or unarmed

Question 3

How can Assembly be regulated

Answer 3

Time/Place/Manner

Question 4

Disorderly Person

Answer 4

Someone who cause public inconvenience, annoyance
-Protestor blocking the street

Question 5

Resisting Arrest

Answer 5

-Knowingly prevent or attempt to prevent an officer from effecting an arrest (can also be orally vs just physically resisting)

Question 6

Reasonable Suspicion

Answer 6

That level of proof that is less than Probable Cause but more than a hunch

Question 7

Probable Cause

Answer 7

That level of proof that is more than Reasonable Suspicion but less than beyond reasonable doubt

Question 8

Unlawful Design

Answer 8

Has committed, is committing, or is about to commit a crime

Question 9

Voluntary Encounter

Answer 9

Police officers DO NOT need any legal justification to approach, talk with, or ask questions of any citizen in a public place

Question 10

Threshold Inquiry

Answer 10

Is also known as (Investigated Stop)

Question 11

What is the amount of time is permissible for a threshold inquiry

Answer 11

A Reasonable Amount of Time

Question 12

The stop/seizure starts

Answer 12

When the pursuit begins

Question 13

Frisk

Answer 13

Is limited tp “PAT DOWN” of outer clothing
-A frisk may never be conducted to find evidence

Question 14

Exclusionary Rule

Answer 14

Makes any evidence seized by police in an unreasonable search and seizure inadmissible in court
(Fruits of the poisonous tree)

Question 15

Traffic Stops

Answer 15

Officers may not detain any passenger during a stop based solely on the driver’s civil MV infraction

Question 16

K-9

Answer 16

Need minimum of RS to request k-9 sniff
K-9 alerts = PC to search

Question 17

Arrest

Answer 17

The most intrusive type of seizure under the 4th Amendment because they involve forcible restraint that deprives a person of liberty and freedom of movement

Question 18

Arrest Warrant (body warrant)

Answer 18

Need to check validity IMMEDIATELY prior to arrest
-separate entity to search warrant (search warrant is needed to search homes

Question 19

Arrest (ICC)

Answer 19

Intent/Communication/Control

Question 20

Lawful Arrest

Answer 20

PC/Jurisdiction/Arrestable Offense

Question 21

Jurisdiction into Newton and Brookline

Answer 21

500 yards

Question 22

3 Major MV searches

Answer 22

Weapons/Means of escape/Evidence of the crime for which the person is being arrested for
-Scope- within grabbing area passenger compartment, open/closed container, governed by the size of the object

Question 23

MV Inventory Search

Answer 23

Lawful Custody of MV/Written department guidelines
-Scope- can open glove box and trunk (if you have keys)
Locked containers need a search warrant
Purpose- not to find evidence or contraband but if found you can seize due to plain view

Question 24

MV Exception Search

Answer 24

need- PC and MV on public way
Scope- and intensity= ENTIRE vehicle

Question 25

4 Exit Orders

Answer 25

Officer Safety RS of a crime To conduct a police function Community Caretaking Function

Question 26

Search Warrants

Answer 26

The purpose of a search warrant is to ensure that any government intrusion is justified by a careful prior authorization PC and necessity

Question 27

Execution of search warrant

Answer 27

Search warrants are valid for 7 days Clock starts once warrant is obtained Nigthtime 10pm-6am

Question 28

Strip Searches

Answer 28

Based on PC Determined by the DS Must be done reasonably

Question 29

Body Cavity Search

Answer 29

Based on High degree on PC Need search warrant issued from a Judge Conducted by a qualified medical professional

Question 30

Protective Sweeps

Answer 30

Search for people only

Question 31

Pretextual Stops

Answer 31

Even if police suspect drug dealing, it does not limit their ability to make an authorized stop

Question 32

Custody + Interrogation =

Answer 32

Miranda

Question 33

Miranda vs Juveniles

Answer 33

must have a parent or interesting adult present to assist the child and 13 and under A waiver for a child 14-17 also requires adult assistance, unless the youth is highly sophisticated

Question 34

Public Safety Exception

Answer 34

PO may briefly question a suspect in custody without Miranda. The questions must be necessary to prevent imminent danger to the officer's and the public

Question 35

Show-ups/Bring backs

Answer 35

Need RS Generally within 2 hours of the crime

Question 36

Confrontation Clause

Answer 36

The defendant has the right to confront all witnesses against him

Question 37

Entrapment

Answer 37

The inducement of a government agent of an otherwise innocent person to commit a crime

Question 38

Miranda Rights

Answer 38

- You have the right to remain silent - Anything you say may be used against you in a court of law - You have a right to consult with a lawyer before answering any questions and you may have him present with you 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; -Do you understand what I have told you? - You may also waive the right to counsel and your right to remain silent and you may answer any questions or make any statement you wish - If you decide to answer questions you may stop at any time - The 5th warning is NOT required: “You may stop questioning at any time”