CONSTITUTIONAL LAW Flashcards by Austin Marini

The frisk of a vehicle extends to areas where the suspects realistically___, ___ or ___ have access to a weapon. Must be Fact Specific?

had, has or will

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Proof Beyond a Reasonable Doubt

Guilty in Court Conviction

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Probable Cause

Arrest/Search

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Reasonable Suspicion

Stop/Threshold Inquiry

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Mere Suspicion

Observe, Voluntary Encounter, Investigate, Follow

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What is the “Fruit of the Poisonous Tree”?

Evidence obtained illegally will be suppressed at trial. Police can be civil liable

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During a Motor Vehicle Frisk, where can an officer NOT frisk?

Trunk (unless foldable seats or access panel), locked container. (need warrant to search inside container

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The stop starts when the____ begins?

Pursuit

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Facts supporting the warrantless case must be presented to a judicial officer within___. Also known as Jenkins Hearing

Within 24 hours of the arrest.

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What are the 3 types to identify a Lawful Arrest? Hint: PAJ

● Probable Cause
● Arrestable Offense
● Jurisdiction

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What is the main reason police officers conduct a search incident to arrest? What are they looking for?

Always search for weapons and means to escape

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What are the (2) EXCEPTIONS to warrantless arrest in private dwelling?

● Exigent Circumstance
● Fresh & Continuous Pursuit

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Arrest can be defined in 3 ways. Hint: ICC

● Intent
● Communication
● Control

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When crossing another jurisdiction, how many yards?

500 yards

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What is the “Collective Knowledge Doctrine”?

The knowledge of one officer is the knowledge of all

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All searches conducted without a warrant are per se__________?

Unreasonable

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Plain view has 3 factors. Hint: LIS

● Lawful Presence
● Inadvertence
● Seizable Evidence

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. _____ is the immediate area surrounding a dwelling that generally includes driveways, garden, decks, swimming pools, garages and storage shreds

Curtilage

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What is unlawful assembly?

Gathering of people engage in criminal activity

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Who read the command to disperse an unlawful assembly?

Supervisor

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What does the first amendment provide citizens? (5) total but may need 4 only.

Freedom of speech, Press, Assembly, Religion and petition

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True/False: Can people be arrested in unlawful assembly after being dispersed upon command of the police?

True

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How many people consider an unlawful assembly?

5 or more people armed; or 10 or more armed or not

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What does the 4th amendment prohibit?

Unreasonable search or seizures by the government

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What are the 3 ways the government can regulate an assembly?

● Time ● Location ● Manner

Threshold Inquiry is also known as?

Investigative stop

What is the major difference between reasonable suspicion and probable cause?

The degree of certainty

Police must have reasonable suspicion based on specific and articulable facts that a person is ______ and ______?

armed and dangerous

What are the (2) two prongs of Aguilar Spinelli Rule?

● Veracity ● Basis of knowledge

What is a frisk?

Patting the outer layer of clothing looking for weapons, not evidence.

What amount of time for an inquiry to stop?

Reasonable amount of time

In order to conduct a K-9 Sniff, the officer needs a minimum of?

Reasonable suspicion.

What do you have if a K-9 sniff alert on a vehicle?

Probable cause to search vehicle

After a search warrant has been issued, how long is it valid for?

7 days

Who can grant a no-knock warrant?

A judge only

While conducting a search with a search warrant, what happens if the item on the search warrant is discovered?

The search is over

For a no-knock warrant to be executed during night time, what time can it be executed?

10:00 PM to 06:00 AM

To conduct a strip search, what does the officer need?

Duty supervisor and probable cause

Who can issue a body cavity search and what level of proof you need?

Can only be granted by a judge and you need a high degree of probable cause

When should an officer check if the warrant is valid?

Immediately prior to arrest

Prisoners can have a phone call within ___ of arrival to jail?

1 hour

True/False: A juvenile can give an officer consent to search a property?

False

To conduct a booking search, what level of proof does the officer need?

NONE

The 1st amendment gives you the right to freedom of speech. But, what are the EXCEPTIONS to the 1st amendment?

● Obscenity & Fighting words ● Threats & Incendiary Speech

In order to conduct a Motor Vehicle Inventory, the officer must have?

● Lawful Custody of the vehicle ● Written Department Guidelines

3 Reasons why police officers conduct a motor vehicle inventory search.

● Protect the owner’s property ● Protect the police from false claims ● Protect the public and the police from any dangerous items

2 things needed for a Motor Vehicle Exception Way

● Probable cause ● Public way

When an officer is conducting an exit order, what are the 4 reasons?

● Police officer safety reasons (No automatic frisk) ● Reasonable suspicion of any crime ● Police functions ● Community Caretaking

Reasonable suspicion of _______ justifies an exit order so the suspect will not escape

ANY CRIME

_____ An act committed or omitted in violation of public law, either forbidding or commanding it to be done

Crime

_____ any crime punishable by death or imprisonment in the state prison

Felony

_____ any crime less than a felony

Misdemeanor

_____ implies a quest or examination. A prying into hidden places for that which is concealed

______ a forceful taking or dispossession of property of another, not accompanied by a search

Seizure

______ The patting down of the OUTER clothing of a person, or area under his control, to determine by sense of touch, the presence of a weapon

Frisk

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

Reasonable suspicion

______ That a suspect has committed, is committing, or is about to commit a crime

Unlawful Design

What does the fifth (5) amendment protect citizens from?

Double jeopardy and self-incrimination. Right to remain silent from all questions

What are some examples of reliable sources?

● Known victim ● Known witness ● Other police officer ● Declaration against penal interest ● Good track record

Warrantless searches (CAB PIE)

● Consent ● Abandonment ● Booking search * Plainview * Incident to Lawful Arrest * Exigent Circumstances

Can an officer ask for consent to search a motor vehicle during a traffic stop for motor vehicle infraction?

What are the 5 Categories of Seizable Evidence?

● Contraband (drugs) ● Instrumentalities (Knife used in crime) ● Fruits of the Crime (Jewelry) ● Living Person With a Warrant ● Dead Human Body

Warrantless cursory search for people, not evidence. This is known as?

Protective Sweep

CONSTITUTIONAL LAW Flashcards

(63 cards)