CONSTITUTIONAL LAW Flashcards by Cesar Lopez

The first Amendment to the U.S Constitution guarantees several fundamental rights, including… (Know the 4 most important. Hint: SPAR)

Freedom of Speech,
Press,
Religion,
Assembly
and Petition the government

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Freedom of speech has exceptions, what is not considered protected speech?

Fighting words
Speech plus

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What is considered to be an unlawful assembly?

5 or more people armed,

10 or more people armed or not,

Unlawfully, riotously, tumultuously assembled

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If strong or rational reasons exist, how can an assembly be regulated?

Time
Place
Manner

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Level of proof less than probable cause but more than a hunch. Known as?

Reasonable suspicion

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Reasonable caution to believe that a person has committed, is committing, or is about to commit a crime. Known as?

Unlawful Design

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That level of proof that is more than reasonable suspicion, yet less than proof beyond a reasonable doubt. Known as?

Probable cause

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Threshold inquiry is also known as “____________”?

“Investigative Stop”

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What amount of time is permissible for a threshold inquiry?

Reasonable amount of time

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What is a frisk?

Is limited to pat down of outer clothing and areas in suspect’s immediate control for weapons only.

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Comm v. Narcisse: Having reasonable suspicion for an investigative stop ______ automatically gives police authority to frisk a person.

DOES NOT

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What level of suspicion does the officer need for a K-9 sniff?

Reasonable suspicion

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If a K-9 alerts the handler, what level of suspicion does the officer have?

Probable cause

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What does the 4th amendment of the U.S prohibited?

Unreasonable search or seizures by the government

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Must have reasonable suspicion based on “specific and articulable facts” that a person is?

Armed and Dangerous

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What are the two prongs of Aguilar Spinelli Rule?

Veracity (Reliability)
Basis of knowledge

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The table of level of proof needed for each.

OPEN RESPONSE!

Beyond a reasonable doubt→ Guilty in court conviction

Probable Cause→ Arrest and Search

Reasonable suspicion→ Stop/Threshold inquiry

Mere suspicion→ Observe, follow, voluntary encounter

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Taking in custody a suspect… definition?

Arrest

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Punishable by death or state prison… definition?

Felony

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Less than a felony… Definition?

Misdemeanor

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More than reasonable suspicion… definition?

Probable cause

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Looking for specific items in specific places… definition?

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Forcefully take items… definition?

Seizure

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To amount to an arrest: ICC

Intent
Communication
Control

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For an arrest to be lawful you need:

1. Probable cause 2. Arrestable offense 3. Jurisdiction

How many yards when crossing another jurisdiction?

500 Yards Brookline & Newton

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

Curtilage

What are the 3 factors when you can use plainview?

Lawful presence Inadvertence Seizable Evidence

Regarding search incident to a lawful arrest. Why do officers search?

Always search for weapons and means of escape

What are the 3 ways to identify a lawful arrest?

1. Probable cause 2. Arrestable offense 3. Jurisdiction

When an officer conducts an arrest warrant and they show up to a premise to look for the suspect, what does the officer need?

Officer needs reasonable belief that the person being sought is present

During a motor vehicle frisk, where can an officer NOT frisk?

Trunk. Unless foldable seats or access panel and lock container.

Evidence obtained illegally will be suppressed at trial and police officers can be civil liable. This is known as?

“Fruit of the Poisonous Tree”

The frisk of a vehicle extends to areas where the suspect realistically ___, ___ or will have access to a weapon.

Had, has or will have

What is a voluntary police encounter?

Can approach citizens to talk/ask questions as long as they feel they are free to leave.

When should an officer check the warrant for an arrest?

Officer needs to check the validity of the warrant immediately prior to arresting any suspect.

What are the 2 things needed for a motor vehicle inventory search? OPEN RESPONSE!

1. Lawful custody of motor vehicle and 2. Written Department guideline.

When arresting a suspect from a different jurisdiction, the officers need to call that other jurisdiction if they will extradite. If not, what is the charge for the suspect?

Fugitive From Justice

What are the 2 things needed for motor vehicle exception search?

1. Probable cause and 2. Public way

Why do officers conduct Motor Vehicle Inventory searches?

Protect vehicle from risk of property damage if left unattended (Safeguard owner property) Minimize claims of theft against police (Protect police from false claims) Protect both police and public from dangerous items.

What are the four Vehicle Exit Order? OPEN RESPONSE!

**Officer safety** (remove to frisk) **Reasonable suspicion** of ANY crime. To conduct **Police Function** (search, tow, etc) **Community Caretaking Function** (Driver’s well-being, medical emergency)

The area to be searched…

Scope

Search is governed by the size of the item you are looking for…

Intensity

Once a search warrant has been approved, they are valid for?

7 days

What are some exceptions to when officers can ask passenger’s for their Identification?

Pose a safety risk Have committed an infraction **(Not wearing Seatbelt)** Involved in criminal conduct (Unlawful Design) Witness of crime (think driver under arrest for OUI)

During nighttime, what is the time when a search warrant is executed but must have prior judicial authorization?

10:00 PM to 6:00 AM

Who can issue a no-knock warrant?

A judge only

_________ Limited, warrantless searches to conduct a cursory check of a premise for people only, not evidence.

Protective Sweeps

For officer safety, safety concerns may be conducted with less than reasonable suspicion and reasonable belief that the suspect is____ and______?

Armed and Dangerous

Frisk are not _________?

Automatic

Direct questioning is likely to result in an incriminating response. This is known as?

Interrogation

In order for Miranda Rights to apply, the officer must first have?

Custody + Interrogation= Miranda

Miranda V. Arizona, before questioning a suspect you will read? OPEN RESPONSE!!

You have the right to remain silent Anything you say can be used against you (in the court of law) You have the right to consult with an attorney and have him/her present during questioning If you cannot afford a lawyer and you want one, a lawyer will be provided for you by the commonwealth at no cost to you.

What is the 5th warning in the Miranda Rights? (Encourage, BUT not required)

You may stop questioning at any time

Best practice is to always read Miranda Rights from the?

Card

What level of proof is needed for a strip search?

Probable cause and authorization needed from duty supervisor

What level of proof is needed for body cavity search?

Need a high degree of probable cause and warrants signed by a judge only

There’s 4 criteria used by the court to determine custody (Groome Factors). Think of (LIFF) OPEN RESPONSE!

Location Interview Style Focus Freedom to Leave

Interrogation can also occur when police use any words or actions, which they know, or should know, are likely to elicit an incriminating response. This is known as?

Functional Equivalent

Waiver of Miranda Rights must be? Think of VIK!

Voluntary Intelligent Knowingly

True/False: Police officers can read Miranda Rights to a drunk person.

False. Self-induced disability

It is important to know that if a person invokes the Right to Remain Silent…

ALL Questioning stops. Unless a suspect initiates or an attorney is present. But, **you may ask questions about unrelated crimes.**

It is important to know that If a person invokes the Right to an Attorney…

ALL Questioning stops, Unless suspect initiates or attorney is present **You may NOT ask questions about ANY crime, related or unrelated**

_____ → Significant deprivation of freedom (significantly seized)

Custody

For juveniles & Miranda; at the age of 12, 13 and under. Who should they have present while questioning?

Must have parent or interested adult present (parent preferred)

Failing to have a parent or interested adult present will invalidate___________?

Miranda waiver

A waiver for a child 14,15,16, 17 also requires adult assistance, unless youth is?

Highly sophisticated

What is the public safety exception?

Is a stake police officers may briefly question suspect about the weapon

A police officer conducts a traffic stop on a suspect he believes is under the influence. Should the officer read Miranda Rights?

Not required prior to administering a field sobriety test

Right to counsel;-attaches automatically to the 6th amendment:

At and after arraignment After indictment by Grand Jury

A defendant has the right to confront all witnesses against him. What clause?

Confrontation Clause

The inducement by a government agent of an otherwise innocent person to commit a crime. This is known as?

Entrapment

For the Four Steps for proper ID procedure, what is the FIRST STEP?

**Get a detailed description of the suspect from each witness prior to ID procedure** Re-read pre-selection instructions to each witness from card Perform fair ID procedure Document what you did

What level of proof is needed for show-ups and bring backs?

Reasonable suspicion

The “prompt display of a single suspect to witness” is generally within __ of the crimes.

2 hours of the crime

CONSTITUTIONAL LAW Flashcards

55 POINTS (75 cards)