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BLET > Arrest, Search, and Seizure Constitutional Law > Flashcards

Arrest, Search, and Seizure Constitutional Law Flashcards

1
Q

G.S. 15A-401

A

Making a warrantless arrest

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2
Q

G.S. 15A-404

A

A citizen detention

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3
Q

G.S. 15A-405

A

Assistance to enforcement officers by private persons to effect arrest or prevent escape

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4
Q

What is the definition?
(1) The supreme law of the land.
(2) Set forth the fundamental principles for government.

A

Constitutional Law

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5
Q

As a law enforcement officer, everything you do has to be ___________ and __________.

A

Reasonable and articulable.

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6
Q

What is the definition?
(1) Case Law (Judicial decisions)

A

Common Law

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7
Q

What is the definition?
(1) Written by legislative branches of the state or federal government.
(2) Declares, commands, or prohibits something.

A

Statutory Law

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8
Q

What is the definition?
“Defines the rights and duties of citizens. It is created by legislative or judicial action. It prohibits conduct such as robbery, larceny, or assault.”

A

Substantive Law

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9
Q

What is the definition?
“Specifies the method whereby substantive law is enforced. The statutes concerning issuance, execution, and return of search warrants are examples of procedural laws.”

A

Procedural Laws

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10
Q

Article 1

A

Structure and function of the Congress

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11
Q

Article 2

A

Executive branch of the government

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12
Q

Article 3

A

Judicial powers

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13
Q

Article 4

A

Duties that states owe each other

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14
Q

Article 5

A

Amendment procedures

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15
Q

Article 6

A

Supremacy clause

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16
Q

Article 7

A

Requirements for ratification

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17
Q

What is the definition?
“The right to get out of jail.”

A

Habeas corpus

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18
Q

What is the definition?
“Requires that all criminal cases except impeachment be tried by a ________.”

A

Jury

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19
Q

What is the definition?
“A special act of the legislature inflicting punishment on a person without a conviction through judicial proceedings.”

A

Bills of attainder

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20
Q

What is the definition?
“This provision prohibits any law which makes criminal an act that was innocent when done or which inflicts a greater punishment than allowed at the time of the prohibited action.”

A

Ex post facto laws

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21
Q

What are the four procedural safeguards?

A

(a) Habeas corpus
(b) Jury
(c) Bills of attainder
(d) Ex post facto laws

22
Q

The 1st Amendment

A

(1) The U.S. is the only country with TRUE free speech.
(2) The freedom of religion, speech, press, assembly, and petition.
(3) Police Officers uphold the right to protect others freedoms of speech, religion, etc.

23
Q

What are the exceptions to the 1st Amendment?

A

(1) Reasonable government “time, place, and manner”
(2) Obscenity
(3) Fighting words
(4) Incendiary

24
Q

What is the definition?
(1) Mapp v. Ohio (1961)
(2) The exclusionary rule
“Evidence is inadmissible”

A

The 4th Amendment

25
Q

What is the definition?
(1) Double jeopardy (you can’t be charged twice for the same crime).
(2) Self incrimination (plead the 5th to withhold information).
(3) Due process clauses

A

The 5th Amendment

26
Q

What is the Amendment?
(1) Congress shall not infringe on the right of the people to keep and bear arms
(2) It was intended to protect the individual’s right to possess personal firearms for lawful purposes.

A

Second Amendment

27
Q

What is the Amendment?
“Prevents the quartering of troops in private homes without legally approved procedures.”

A

The 3rd Amendment

28
Q

What is the Amendment?
(1) An accused specific fundamental right in criminal prosecutions.
(2) It grants the right to a speedy and public trial
(3) Information about the nature and cause of the accusation
(4) To confront witnesses

A

The 6th Amendment

29
Q

What is the Amendment?
“Preserves the right of trial by jury in civil cases.”

A

The 7th Amendment

30
Q

What is the Amendment?
“Protects people from excessive bail, excessive fines, and cruel and unusual punishment.”

A

The 8th Amendment

31
Q

What is the Amendment?
(1) These other rights include the right of privacy in marriage, the right of interstate travel, and the right to participate in political activities.

A

The 9th Amendment

32
Q

What is the Amendment?
“Reserves the powers not granted to the United States government to the states or the people.”

A

The 10th Amendment

33
Q

What is the Amendment?
(1) Due process
(2) Equal protection of laws.

A

14th Amendment

33
Q

The name case law:
“Also known as the automobile exception, this case allows law enforcement to search a vehicle without a warrant if they have probable cause to believe it contains evidence of a crime. AND it allows L.E.O. to remove your vehicle to be searched at a safer location.

A

Caroll Doctrine.

34
Q

To arrest, you must have __.

A

PC.

35
Q

_____________ ________________ is to determine whether there is PC to believe that….
(1) A crime has been or is being committed.
(2) Or the suspect has probably committed the crime.

A

Investigative Detention

36
Q

_____________ _____________ needs no justification to approach a citizen, but must limit action toward the citizen to avoid seizure. Officers also can’t frisk. BUT this approach is useful in non-custodial interviews.

A

Voluntary Contact.

37
Q

State the role of Law Enforcement as it relates to the issuance of various forms of criminal process:

A

(1) Appear before magistrate.
(2) Present under the oath of facts to justify issuance.
(3) Magistrate determines if PC is existent, then sets terms of release.

38
Q

State the NC Statutory requirements for: G.S. 15A-404 (A Citizens detention)

A

A private person may arrest when they have reason to believe the other has…committed a _______ in their presence.
(1) A felony.
(2) A breach of peace.
(3) A crime involving physical injury.
(4) A crime involving theft or destruction.

39
Q

State the NC Statutory requirements for: G.S. 15A-401 (Making a warrantless arrest)

A

(1) Can arrest if a warrant is issued.
(2) May arrest w/o warrant if the officer has knowledge a warrant has been issued, offense done in presence of officer, offense done out of officer’s presence but officer has PC.

40
Q

When can a district attorney apply for a warrant or order?

A

Non-testimonial order

41
Q

What are some factors that the court might take into consideration when it comes to being in custody?

A
  1. Display of weapons
  2. # of officers
  3. The setting of the interview
42
Q

What age can a juvenile waive their right to having their parent/custodian present during interrogation?

A

16

43
Q

If _____________ and ____________ exist, then you must read the suspect their Miranda rights.

A
  1. In-custody
  2. Interrogation
44
Q

What is the benefit of a non-custodial interview?

A

Exclusion of Miranda rights

45
Q

The 6th amendment is charge _______.

A

Specific

46
Q

If someone goes to jail, and makes bond, does the 6th amendment apply to them?

A

Yes.

47
Q

In photo line-up, what is the minimum number of pictures you need?

A

6.

48
Q

How many defendants and fillers are in a line-up?

A

1 defendant and 5 fillers

49
Q

Double blind line-up

A

Officer not involved in the case conducts the line-up.

50
Q

In a show-up, who comes to who?

A

Victims is transported to suspect.

BLET (35 decks)

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