1. Con Law Flashcards
What guarantees are from the First Amendment?
Freedoms, petitions, assembly
What guarantees are from the Fourth Amendment?
AGAINST UNREASONABLE SEARCHES AND SEISURES
What guarantees are from the Fifth Amendment?
the right against compelled self-incrimination, the right to a grand jury, the right of protection against double jeopardy and the right to due process
What guarantees are from the Sixth Amendment?
Right to a speedy and fair trial
What is probable cause?
Reasonable grounds for making an arrest/search warrant
What is reasonable suspicion?
It requires that officers have an objectively reasonable basis for suspecting criminal activity before detaining someone
What are the Bills of Rights?
First Ten Amendments of US Constitution outlining basic rights guaranteed to all citizens
What is the second amendment?
Right to bear or own arms
What does the third amendment protect?
Quartering of Soldiers, unless consent
What does the Seventh amendment protect?
Rights to have civil cases, or lawsuits be decided by a jury in federal court.
What does the Eighth amendment protect?
prohibits the federal government from imposing excessive bail, excessive fines, or cruel and unusual punishments.
What does the Ninth amendment protect?
The federal government doesn’t own the rights that are not listed in the Constitution, instead, they belong to the people.
What does the Tenth amendment protect?
States rights in anything not listed in the constitution
What is justified as a “Detention”?
An investigation with reasonable suspicion (20-30Min)
What is justified as an “Arrest”?
Probable cause, taken into custody and depriving them of liberty
What is a “Summons”?
A legal document issued by a court or by an administrative agency of government for various purposes
What is the “Hearsay Rule”?
the report of another person’s words by a witness, which is usually disallowed as evidence in a court of law
The “Miranda” demonstrates protection for which Amendment Rights?
Fifth Amendment privilege against self-incrimination and the Sixth Amendment right to counsel as defendant
What two factors are needing for a “Miranda Warning”?
Custody + Interrogation
What is considered a “interview”?
Voluntary conversation with no incriminating questioning
What is an interrogation?
Guilt seeking questions
What is the “admissibility” of a confession?
Voluntary when made of the free will and accord of the accused, without fear or threat of harm and without hope or promise of benefit, reward, or immunity
What is a “Frisk Search”?
Passing the hands over (someone) in a search for hidden weapons, drugs, or other items.
What is an “Admission” of guilt?
First acknowledgement of a confession (Ya I did it)
What 2 requirements are needed for a consent search?
voluntariness of the consent and awareness of the right of choice
What is the “Plan view doctrine”?
An officer may seize evidence and contraband that are found in plain view during a lawful observation
What is the “exigent circumstances” referring to an arrest warrant?
circumstances that would cause a reasonable person to believe that entry was necessary: Destruction of Evidence, Emergency Aid, Hot Pursuit.
How long is a search warrant valid for? Or how many days do you have to rerun after served?
Ten days valid and after 2 days of execution
What is the knock/announcement rule?
Knock loud, state authority (Agency), state purpose and demand entry
What is a “Search” defined as?
To seek evidence of a crime being investigated or contraband connected to criminal activity or arrests
What documents are associated with a legal search?
An “application and affidavit is needed” - probable cause
What is “Qualified Immunity” mean referring to Police Officer liability?
Immunity for the LEO if his/her conduct was not in violation of clearly defined principles of constitutional law
What does “negligent use of a firearm” mean?
Recklessly shot, stored or aimed.
What does “negligent use of a motor vehicle” mean?
Not following traffic laws, vehicle maintenance or doing something they knowingly shouldn’t be doing
What came from “Tennessee vs Garner”
The use of deadly force to
stop a fleeing felon is not justified unless probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others.
What came from “Chimel vs. California”?
The arrest of a person in his home does not allow the warrantless search of the whole house incident to
arrest.
What came from “Terry vs. Ohio”?
“stop and frisk” a person they reasonably suspect to be armed and involved in a crime
What came from “Mapp vs. Ohio”?
Courts applied the “exclusionary rule” to the states. evidence seized unlawfully, without a search warrant, could not be used in criminal prosecutions in state courts
What came from “Carrol Vs. U.S”?
Police may conduct a warrantless search of a vehicle stopped on traffic
if there is probable cause to believe that the vehicle contains contraband or evidence.
