Constitutional Law Flashcards
(18 cards)
Arrest
Taking someone into custody to have them answer for a criminal charge
Crime
An act committed in violation of law
Felony
Any crime punishable by death or imprisonment in state prison
Misdemeanor
Any crime less than felony
Probable cause
Level of proof > reasonable suspicion, but < proof beyong reasonable doubt
Probable cause to arrest
Level of proof a reasonable person would believe the accused committed the crime
Probable cause to search
Level of proof a reasonable person would believe seizable evidence is in a particular place
Search
A quest, a prying into hidden places which are concealed
Seizure
Forceful taking of property
Reasonable suspicion
Level of proof < probable cause, but > mere suspicion
Unlawful design
That a suspect has committed, is committing, or about to commit a crime
Investigation
Process of inquiring by questions and observations to link an individual to a crime
5 powers of arrest
Felony in presence, Felony probable cause, Misdemeanor in presence (statutory right), Misdemeanor in presence (breach of peace), Misdemeanor probable cause (statutory right)
1st Amendment
SPAR - freedom of Speech, Press, Petition, Assembly, Religion
4th Amendment
Prohibits unreasonable search and seizures
Limits to 1st Amendment
Fighting words and speech plus
Fighting words
Obscenity (sexual content) and fighting words (incite an immediate breach of peace)
Speech plus
Threats (intended to intimidate) and incendiary speech (speaker advocates violence that is likely to occur)