Constitutional Law Flashcards

(18 cards)

1
Q

Arrest

A

Taking someone into custody to have them answer for a criminal charge

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2
Q

Crime

A

An act committed in violation of law

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3
Q

Felony

A

Any crime punishable by death or imprisonment in state prison

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4
Q

Misdemeanor

A

Any crime less than felony

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5
Q

Probable cause

A

Level of proof > reasonable suspicion, but < proof beyong reasonable doubt

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6
Q

Probable cause to arrest

A

Level of proof a reasonable person would believe the accused committed the crime

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7
Q

Probable cause to search

A

Level of proof a reasonable person would believe seizable evidence is in a particular place

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8
Q

Search

A

A quest, a prying into hidden places which are concealed

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9
Q

Seizure

A

Forceful taking of property

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10
Q

Reasonable suspicion

A

Level of proof < probable cause, but > mere suspicion

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11
Q

Unlawful design

A

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

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12
Q

Investigation

A

Process of inquiring by questions and observations to link an individual to a crime

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13
Q

5 powers of arrest

A

Felony in presence, Felony probable cause, Misdemeanor in presence (statutory right), Misdemeanor in presence (breach of peace), Misdemeanor probable cause (statutory right)

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14
Q

1st Amendment

A

SPAR - freedom of Speech, Press, Petition, Assembly, Religion

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15
Q

4th Amendment

A

Prohibits unreasonable search and seizures

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16
Q

Limits to 1st Amendment

A

Fighting words and speech plus

17
Q

Fighting words

A

Obscenity (sexual content) and fighting words (incite an immediate breach of peace)

18
Q

Speech plus

A

Threats (intended to intimidate) and incendiary speech (speaker advocates violence that is likely to occur)