Exam 1

Question 1

the conditions needed to be met to be charged for a crime

Answer 1

Elements of a Crime

Question 2

taking under real or assumed authority, custody of another person for the purpose of having them answer to a crime

Answer 2

Arrest

Question 3

an act committed or omitted in violation of public law, either forbidding or commanding it

Answer 3

Crime

Question 4

crime punishable by death or state prison

Answer 4

Felony

Question 5

any crime less than a felony

Answer 5

Misdemeanor

Question 6

level of proof that is more than reasonable suspicion but less than proof beyond a reasonable doubt

Answer 6

Probable Cause

Question 7

level of proof, based on sufficient facts, so a reasonable person would believe the accused committed the crime

Answer 7

Probable cause to arrest

Question 8

level of proof, based on sufficient facts, so a reasonable person would believe seizable evidence is in a particular place

Answer 8

Probable cause to search

Question 9

implies a quest or examination, prying into hidden places for that which is concealed

Answer 9

Search

Question 10

forceful taking of the property of another, not accompanied by a search

Answer 10

Seizure

Question 11

patting down outer clothing, or area under their control, to determine by touch the presence of a weapon
* may include motor vehicle

Answer 11

Frisk ONLY FOR WEAPONS

Question 12

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

Answer 12

Reasonable Suspicion

Question 13

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

Answer 13

Unlawful Design

Question 14

process of inquiring by questions & observations to find out whether a specific individual committed a crime

Answer 14

Investigation

Question 15

5 Powers of Arrest aka Hogan’s Hand

Answer 15

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

Question 16

1st Amendment protects:

Answer 16

SPAR:
speech
press
assembly
religion

Question 17

Constitutional Law

Answer 17

basic and supreme law

Question 18

Statutory Law

Answer 18

written and enacted by legislative branch of state or fed governments

Question 19

Case Law

Answer 19

interpretations of law by court

Question 20

What is BPD Rule 113 about?

Answer 20

Integrity

Question 21

What is canon nine?

Answer 21

police officers will use only the amount of force reasonably necessary and report anything that violates this

Question 22

Limits to first amendment

Answer 22

Speech+ and fighting words

Question 23

What are fighting words?

Answer 23

words that tend to incite immediate breach of peace

Question 24

What is speech+?

Answer 24

speech that incites immediate criminal activity (i.e. riot)

Question 25

Glovsky vs Roche Bros

Answer 25

Rules concerning private property are not absolute

Question 26

Disorderly Conduct

Answer 26

suspect purposefully or recklessly caused risk

Question 27

Disturbing the peace

Answer 27

committed something people would find annoying and disruptive must occur in public must have specific victim

Question 28

Can you be trespassed on gov't property?

Answer 28

gov't property is public property but you can be trespassed if you are impeding operations

Question 29

what is unlawful assembly?

Answer 29

any gathering formed w intent to engage in a common cause w violence and in a tumultuous or riotous manner or through force & violence

Question 30

Elements of unlawful assembly

Answer 30

5 or more armed people OR 10 or more people armed or not unlawfully, riotously or tumultuously assembled *may be arrested if they do not immediately disperse upon command of police

Question 31

what does 4th amendment protect?

Answer 31

unreasonable search or seizure

Question 32

what level of proof do all searches require?

Answer 32

probable cause

Question 33

what is seizure?

Answer 33

when police take possession of property, make an arrest, or restrict a person's ability to move freely

Question 34

If you have mere suspicion, what can you do? (think staircase)

Answer 34

follow/observe/voluntary encounter

Question 35

If you have reasonable suspicion, what can you do? (think staircase)

Answer 35

stop/threshold inquiry frisk

Question 36

If you probable cause, what can you do? (think staircase)

Answer 36

arrest/search

Question 37

what is collective knowledge doctrine?

Answer 37

knowledge of one is knowledge of all officers can use probable cause established by other officer

Question 38

What is aguilar spinelli rule?

Answer 38

to evaluate information from non-police sources, it must have 1. veracity 2. basis of knowledge

Question 39

how does information have veracity?

Answer 39

if witness is identified, info is corroborated, if admitting the information leads to them admitting to their own crime, if they are a police officer

Question 40

can anonymous information be enough for probable cause?

Answer 40

no

Question 41

how is basis of knowledge gained?

Answer 41

through direct, personal, or sensory observation

Question 42

List some facts recognized by Supreme Judicial Court that support reasonable suspicion or probable cause

Answer 42

area of high crime advanced info defendant's behavior officer training and experience familiarity w defendant