Arrest Search and Seizure / Constitutional Law Flashcards
What is the supreme law of the land?
Constitutional Law
What are the three sources of law?
Constitutional Law, Statutory Law, Common Law
What are the two types of law?
Substantive Law, Procedural Law
____ law defines the rights and duties of citizens
Substantive
____ law specifies the method whereby substantive law is enforced
Procedural
The statutes concerning issuance, execution, and return of search warrants are examples of _____ laws
Procedural
The U.S. Constitution is divided into ____ major articles
7
__________ establishes the structure and functions of Congress.
Article 1
Article VI contains the ______ ______ which says that the Constitution, laws, and treaties of the United States are the Supreme Law of the land
Supremacy Clause
Article ____ establishes the executive branch of government and provides that the executive powers are vested in the President.
2
Article _____ vests the judicial powers of the United States in the Supreme Court of the United States and in any inferior courts established by Congress.
3
Article _____ contains the requirements for the original ratification of the Constitution.
7
Article _____ defines the duties that states owe each other.
4
Article _____ provides the procedures to amend the Constitution.
5
The Constitution grants _____ procedural safeguards to persons accused of crimes.
4
The latin phrase meaning, “Have the body”
Habeas Corpus
A _____ is an order of a court commanding a government official to perform an act
writ
The ______________ requires the custodian to bring the prisoner before a judge for a determination upon the legality of the detention
Writ of Habeas Corpus
Article ____ Section ____ requires that all criminal cases except impeachment be tried by a jury
3, 2
A special act of legislature inflicting punishment on a person without a conviction through judicial proceedings
Bills of Attainder
______________ are illegal because they attempt to make certain conduct illegal after the fact.
Ex post facto laws
The first ten amendments to the Constitution.
Bill of Rights
Gradually, through the _____________ of the 14th Amendment, the U.S. Supreme Court applied most of the safeguards in the Bill of Rights to the states.
Due Process Clause
Without the ______ Amendment due process and equal protection clauses, the U.S. Supreme Court would not review state decisions on search and seizure, self-incrimination, and the right to counsel.
Fourteenth Amendment
What Amendment establishes the freedom of religion, speech, press, assembly, and petition.
First Amendment
What two clauses can prevent the federal government from establishing a national church, or from intruding on personal religious beliefs.
Establishment clause, Free exercise clause
What are the examples of reasonable government, “time, place, and manner” regulation of speech?
Certain activities involved with anti-abortion protests.
Offensive or indecent speech on a public medium such as radio.
What types of speech have no First Amendment protection?
Obscenity
Fighting Words
Threats
Incendiary Speech
A depiction of sexual conduct that taken as a whole, by the average person, applying contemporary community standards, appeals to the prurient interest in sex, portrays sex in a patently offensive way, and does not have serious literary, artistic, political, or scientific value.
Obscenity
Words addressed to an ordinary citizen which are intended and are likely to incite immediate physical retaliation.
Fighting Words
Because of the nature of the job, law enforcement officers are expected to endure greater verbal abuse than the _____ ______.
Ordinary Citizen
Utterances calculated to intimidate that provide no social benefit.
Threats
______ speech advocates the imminent violent use of force against the government.
Incendiary
The press has no more right of access to information than the ______ _______
Individual Citizen
The ____ Amendment protects the right to peaceably assemble and petition the government for a redress of grievances.
First
The _____ Amendment states that Congress shall not infringe on the right of the people to keep and bear arms
Second
The Second Amendment was intended to protect the _____ right to possess personal firearms for lawful purposes.
Individuals
What Amendment prohibits unreasonable searches or seizures by the government?
Fourth Amendment
What Amendment prevents the quartering of troops in private homes without legally approved procedures.
Third Amendment
The ______ rule makes any evidence obtained by the government through an illegal search and seizure inadmissible in court.
Exclusionary
There is no protection against double jeopardy in a ____ action.
Civil
What provision protects an individual against the hazards and pressures of repeated trials and possible conviction for the same offense?
Double Jeopardy
In a jury trial, when does jeopardy attach?
When the court impanels and swears in the jury
If the same conduct violates the laws of two States, or State and Federal Law, can each entity try and punish an individual for violation of its laws?
Yes
The right to _____ attaches when a person who is in custody is interrogated by law enforcement.
Silence
This provision preserves the common law rule that the State cannot compel a person to furnish statements against oneself.
Self-incrimination
In addition to the right not to speak, an accused has the right to the presence of _____ during custodial interrogation.
Counsel
The Fifth Amendment due process clause applies only to _________ and not ___________
The Federal Government
The States
A system of rights based on moral principles so deeply imbedded in the traditions and feelings of our people as to be deemed fundamental to a civilized society.
Due Process
What Amendment grants the right to a speedy and public trial and information about the nature and cause of the accusation, to confront the witnesses against him, to compulsory process for obtaining witnesses in his favor, and to the assistance of counsel for his defense.
The Sixth Amendment
When does the right to a speedy trial attach?
After formal charging
True or False:
There is no right to radio and television coverage of a trial.
True
What Amendment preserves the right of trial by jury in civil cases?
Seventh
What Amendment protects people from excessive bail, excessive fines, and cruel and unusual punishment?
Eighth
What Amendment provides additional rights including the right of privacy in marriage, the right of interstate travel, and the right to participate in political activities?
Ninth
The __________ is used to protect the rights of citizens against infringement by the states.
Due Process Clause
The ____ Amendment reserves the powers not granted to the United States government to the states or the people
Tenth
_____ due process guarantees that the government will not take a person’s life, liberty, or property interest without notice and meaningful opportunity to be heard.
Procedural
_____ due process guarantees that the notice, hearing, and result is fair.
Substantive
The ____ Amendment provides that:
“No state . . . shall . . . deprive any person of life, liberty, or property, without due process of law . . . .”
Fourteenth
In the context of interrogation law, the _____ Amendment forbids law enforcement officers from using physical coercion to extract a statement.
Fourteenth
It is also a due process violation for officers to make promises which they _____ _____ in an effort to obtain a statement.
Cannot Keep
Due process requires certain basic guarantees of a fair trial such as _________, ___________, and the right to be free from the use of _______ seized evidence and _____ obtained confessions.
A right to counsel
A right to a speedy and public trial
unlawfully
A defendant may be entitled to ____ ____ by entering a guilty plea to obtain a less severe sentence.
Plea Bargain
The geographical area in which a law enforcement officer is empowered to act.
Territorial Jurisdiction
____ officers may arrest anywhere in the state.
Statewide
_____ and _____ may arrest within the county, on county property outside the county, and anywhere in the state for felony committed in the county
Sheriffs
Deputies
_____ may arrest in the city in which they serve, in the area within one mile of the city limits, and on city property outside the city.
City Police Officers
____ employed by county or city ABC boards may arrest anywhere in the county in which they are employed.
ABC Officers
_____ may arrest on property owned or possessed and controlled by their employer.
Company Police Officers
What is the territorial jurisdiction of campus police officers?
The property owned or leased by the educational institution.
The portions of public roads passing through or immediately adjoining their property.
If an offender has committed any criminal offense for which the officer can arrest within his or her jurisdiction, the officer ____ pursue the offender anywhere in North Carolina and make the arrest
Can
True or False:
During continuous and immediate pursuit, the officer has to keep the offender in sight at all times.
False
When can officers pursue and arrest outside North Carolina?
In Georgia, Virginia, South Carolina or Tennessee
For a suspected felony committed in North Carolina
True or False:
A law enforcement officer who is investigating an implied-consent offense or a vehicle crash that occurred in the officer’s territorial jurisdiction is authorized to investigate and seek evidence of the driver’s impairment anywhere in-state or out-of-state, and to make arrests at any place in the state.
True
__________ refers to the types of crimes for which officers are authorized to arrest.
Subject Matter
Several statutes authorize the head of one law enforcement agency to provide temporary assistance to another agency upon its written requires. If this assistance includes officers working temporarily with the other agency, the officers have the jurisdiction and authority of both the requesting agency and their own agency.
Mutual Aid Agreement
North Carolina law enforcement officers may arrest a person who flees to North Carolina after the person has committed a misdemeanor or felony in another state if the officers obtain a _____________ for the person’s arrest from a North Carolina judicial official.
Fugitive Warrant
True or False
Officers may arrest without a fugitive warrant if the person has been charged in the other state with any crime punishable by more than one year imprisonment.
True
The principle of international law by which certain foreign government officials are not subject to the jurisdiction of the local courts and authorities
Diplomatic Immunity
A person has been _____ when, under the circumstances, a reasonable person in his position would not feel free to walk or drive away from the law enforcement officer.
Seized
True or False
A person is seized at the point that he submits to an officer’s command to stop or when he is stopped—physically restrained—by an officer.
True
The chase of a suspect is not a seizure until the suspect _____; thus, any property thrown away by the suspect during the chase is admissible in court even if the officer had no reason to chase in the first place.
Stops
Once a suspect stops running in response to a police order to halt, then there is a seizure at that moment and there must be at least ______ _______ to justify the stop.
Reasonable Suspicion
______ ______ is needed for an arrest. Only ______ ______ is needed for a temporary detention.
Probable Cause
Reasonable Suspicion
An _____ takes place when a person’s freedom of movement has been significantly deprived.
Arrest
Contact short of a seizure where no justification for the police action is required.
Voluntary Contact
When an officer begins to investigate a crime, the encounter with the citizen can become more invasive, such that a _____ _____ in the suspects position would not feel free to leave or terminate the encounter with the police.
Reasonable Person
An officer’s level of _____ determines the extent to which she can intrude on the right of a person to move about freely.
Suspicion
True or False
Officers need suspicion to approach people in public and talk to them.
False. Officers can make voluntary contact with anyone.
Officers need _____ _____ to detain a person, that is, to forcibly restrain a person while the officer investigates possible criminal activity.
Reasonable Suspicion
During _____ _____ officers must limit their actions toward the citizen to avoid creating a seizure.
Voluntary Encounters
Voluntary contact is useful in conducting a _____ _____ interview with a suspect.
Non-custodial
What court case held that, “Street encounters between citizens and police officers are incredibly rich in diversity. They range from wholly friendly exchanges of pleasantries or mutually useful information to hostile confrontations of armed men involving arrests, injuries, or loss of life . . . Encounters are initiated by the police for a wide variety of purposes, some of which are wholly unrelated to a desire to prosecute for crime
Terry v. Ohio (1968)
In _____ __ _____, the Supreme court stated that, “Law enforcement officers do not violate the Fourth Amendment by merely approaching an individual on the street or in another public place, by asking him if he is willing to answer some questions, by putting questions to him if the person is willing to listen, or by offering in evidence in a criminal prosecution his voluntary answers to such questions.”
Florida v. Rayer (1983)
True or False
When an officer makes voluntary contact with a citizen, the officer can compel cooperation.
False
When does a seizure take place?
When a law enforcement officer applies physical force to a suspect
When a law enforcement officer issues a show of authority (commands to stop, activates blue lights, and the suspect submits to this show of authority)
If an officer seizes a suspect, the officer must meet the legal requirements of the _____ Amendment in order for the seizure to be lawful.
Fourth
All the factors present in the particular case
Totality of the circumstances
The purpose of the _____ _____ is to determine whether there is probable cause to believe that a crime has been committed and the suspect has probably committed the crime.
Investigative Stop
The investigative stop is commonly called a _____ _____
Terry Stop
What is the legal standard for investigative stops?
Reasonable Suspicion
The court case of _____ __ _____ established that when an officer develops reasonable suspicion to believe criminal activity is afoot, he can conduct a brief investigative stop.
Terry v. Ohio (1968)
_____ _____ is a “minimal level of objective justification”—more than a hunch, but less than probable cause.
Reasonable Suspicion
Even though an investigative stop is a type of seizure, the length of an detention should be limited to that time which is _____ _____ to determine if probable cause exists.
Reasonably Necessary
_____ minutes has been used as a general rule to govern the length of an investigative stop.
Twenty
An officer may normally question the suspect during a routine investigative stop without the need for the reading of _____ _____. However the suspect does not have to answer those questions.
Miranda Warnings
During the investigative stop, if an officer can articulate that his safety is in jeopardy and the suspect may be armed, he may _____ the suspect.
Frisk
An ____ is a more intrusive seizure on a citizen’s liberty than an investigative stop; therefore, more proof is required for justification.
Arrest
Unlike an investigative stop, an officer may not interrogate a suspect without reading _____ and obtaining a valid waiver.
Miranda
What is the legal standard for making an arrest?
Probable Cause
The degree of certainty that corresponds to probable cause is _____ _____.
Fair probability
When can a citizen detain an offender?
A felony
An offense involving the breach of peace
An offense involving physical injury to another
An offense involving theft or destruction of property
A citizen may use _____ _____ to detain the offender.
Reasonable Force
North Carolina law allows a _____ _____ to assist law enforcement officers in making arrests and preventing escapes from arrest, when requested by a law enforcement officer.
Private Citizen
True or False
If a citizen chooses to assist a law enforcement officer, that citizen has the same power as the officers to arrest and prevent escape.
True
True or False
The state automated electronic repository applies to arrest warrants and search warrants.
False (does not apply to search warrants)
If a warrant exists only in paper form (is not in the electronic repository), it must be returned after ____ days if not served.
180
True or False
Failure to return an arrest warrant does not invalidate the warrant nor does it invalidate service or execution made after 180 days.
True
If a warrant exists in electronic form and a copy printed from electronic repository is not served within 24 hours, what must the officer do?
Record the lack of service in the repository and all copies must be destroyed.
True or False
An officer who has knowledge that a warrant for arrest has been issued and has not been executed, but who does not have the warrant in his possession may arrest the person named therein at any time.
True
When can an officer make a warrantless arrest?
When a suspect commits a crime in the officer’s presence.
What must an officer do upon making an arrest?
Identify himself as an officer
Inform the suspect he is under arrest
As soon as possible, inform the suspect of the cause for arrest
A _____ _____ charges a crime and orders the accused to appear in court on a designated time and date to answer to the charges against him.
Criminal Summons
Can a law enforcement officer make an arrest for a criminal summons?
No
A document that charges a person with a criminal offense and is only issued if the Magistrate determines that probable cause exists to believe that a criminal offense was committed, and that the defendant committed that offense.
Magistrate’s Order
A _________________ in paper form may be converted to a magistrate’s order when an officer decides to arrest a person instead of charging the person by using a _____
Uniform Traffic Citation
Citation
Process issued by a judicial official that orders a law enforcement to take a named person into custody.
Order for Arrest
A directive issued by a law enforcement officer, that a person appear in court and answer a misdemeanor or infraction charge or charges.
Citation
Officers usually appear in person before a _____ to present under oath the facts which justify the issuance of the warrant or other process charging a criminal offense or offenses.
Magistrate
The facts presented to the magistrate must support every _____ of the criminal offense for which the process is issued.
Element
The magistrate’s role is to make an independent judgment as to whether _____ _____ exists to issue the warrant or other process, not to just issue it because an officer is requesting that it be done.
Probable Cause
Without _____ or ____________, the arresting officer must: have an arrest warrant in her possession and probable cause to believe the defendant is inside.
Consent
Exigent Circumstances
A copy of the warrantor order will be sufficient only if the _____ _____ or order is in the possession of a member of a law enforcement agency located in the county where the officer is employed and the officer verifies with the agency that the warrant is current and valid.
Original Warrant
The officer must give, or make a reasonable effort to give, notice of his authority and purpose to an occupant of the premises to be entered.
Such notice need not be given only when the officer has reasonable cause to believe that the giving of such notice would present a ___________________.
Clear danger to human life
If an officer has a printed warrant or order for arrest from the electronic repository (NCAWARE), a ____ copy, or a _____ copy from the Clerk of Court, then the process is valid as the original.
Faxed
Certified
Under North Carolina law, officers must _____ and _____ even though there is reason to believe that doing so will increase the chance of evidence being destroyed.
Knock and Announce
_____________ means that before entering, the officer must state in a voice loud enough to be heard inside the house, “Police, open up, search (or arrest) warrant.” The officer may forcibly enter if entry is unreasonably delayed or denied.
Notice of Identity
When an officer wishes to enter the home of a third party to make an arrest, absent consent or exigent circumstances, the officer must have a _____ _____ (to protect the privacy interests of the third party) in addition to an arrest warrant (to allow the arrest of the suspect within residence of the third party).
Search Warrant
When officers want to enter the defendant’s or a third party’s home to arrest the defendant, they may not need an arrest or search warrant if they receive _____ to enter from someone who has the authority to give it.
Consent
If officers want to enter the defendant’s home, they normally may receive consent from the defendant’s spouse, mother, father, adult sibling, or live-in friend or any other person who has _____ _____ interests in the defendant’s home.
Equal Privacy
When _____ _____ exist to make an arrest, officers may enter the defendant’s or third party’s home or other place of residence even though they do not have an arrest warrant, search warrant, or consent.
Exigent Circumstances
The term “exigent circumstances” is not easily described, it generally means that officers need to act ______.
Immediately
During the procedures following arrest, _____ is reasonable to conduct interviews, certain identification procedures, searches, intoxilyzer and sobriety tests, and other procedures incident to arrest.
Delay
The officer must, without ____________, allow defendant to communicate with lawyer, family, and friends.
Unnecessary Delay
An officer who takes a juvenile who is alleged to be undisciplined or delinquent into custody without a court order must notify the juvenile’s _____, _____, or _____ that the juvenile has been taken into temporary custody and advise them of the right to be present with the juvenile until a determination is made as to the need for secure or nonsecure custody.
Parent
Guardian
Custodian
If a minor is taken into custody, the officer or officer’s supervisor must notify a parent or guardian in writing that the minor is in custody within ___ hours of the minor’s arrest.
24
An officer who charges a minor with a criminal offense must notify the minor’s parent or guardian of the charge, as soon as practicable, in _____ or by _____.
Person
Telephone
The United States Supreme Court has defined _____________ as follows:
Whether at the moment the arrest was made, the facts and circumstances within [the officer’s] knowledge and of which [the officer] had reasonably trustworthy information were sufficient to warrant a prudent [person] in believing that the [defendant] had committed or was committing an offense.
Probable Cause to Arrest
After a juvenile is arrested or charged with a crime, notification to the parents is not needed if the juvenile is _____.
Emancipated
When a law enforcement officer arrests an adult who is supervising minor children who are present at the time of the arrest, the minor children must be placed with a _____ _____ approved by the parent or guardian of the minor children.
Responsible Adult
Anyone who is not a U.S citizen who is on U.S. land
Foreign National
It is mandatory that some countries’ _____ be notified when one of their nationals is arrested or detained, regardless of the foreign national’s wish.
Consulates
When a foreign national is arrested or detained, The State Department normally expects notification within _____ hours. The foreign national is to be advised that his consulate will be notified and confirmed when it has been.
24
If a deaf person is arrested for an alleged violation of a law or local ordinance, the arresting officer shall immediately procure a _____ _____ from a qualified court for any interrogation, warning, notification of rights, arraignment, bail hearing, or other preliminary proceeding
Qualified Interpreter
Failing to provide discovery can jeopardize the case, and even result in _____ _____ against the violating party, to include the officer.
Criminal Penalties
The use of force is a _____ under the Fourth Amendment, and thus, must be reasonable.
Seizure
When can an officer use non-deadly force?
Prevent the escape from custody or to effect an arrest of a person who he reasonably believes has committed a criminal offense;
Defend himself or a third person from what he reasonably believes to be the use or imminent use of physical force while effecting or attempting to arrest or while preventing or attempting to prevent an escape.
The overriding test for all use of force, whether deadly or not, is whether the use of force was _____ _____ under the circumstances and at the time the force was used.
Objectively Reasonable
When determining objective reasonable, the court must look at what a reasonably well-trained police officer ____ have done.
Could
G.S. ______ defines the legal authority for the use of force in North Carolina.
15A-401(d)
The use of deadly force must be “_____ _____” under the circumstances.
Reasonably Necessary
An officer’s belief that deadly force is “reasonably necessary” must be based on facts and circumstances which reasonably appear to present an _____ threat of death or serious bodily injury to the officer or to a third party.
Imminent
The apparent threat of death or serious bodily injury must be immediate, not _____, and must call for immediate action to prevent life-threatening injury.
Remote
If a _____ and _____ alternative to deadly force exists, and such alternative will prevent the life-threatening injury, officers must not use deadly force.
Realistic
Effective
An _____ threat of serious physical harm may be created by an armed suspect trying to escape by threatening the use of a dangerous weapon, or by an unarmed but aggressive and strong suspect who is overpowering an officer and trying to get the officer’s handgun.
Imminent
An officer attempting to make an arrest does not have to _____ when the suspect is threatening to use deadly force.
Retreat
What four situations is deadly force authorized?
(1) To defend himself or a third person from what he reasonably believes to be the use or imminent use of deadly physical force.
(2) To prevent the escape of a suspect from custody who he reasonably believes is attempting to escape by using a deadly weapon.
(3) To effect an arrest or prevent an escape from custody of a person who, by his conduct or any other means, indicates that he presents an imminent threat of death or serious physical injury to others unless apprehended without delay.
(4) To prevent the escape of a person from custody imposed upon him as a result of conviction for a felony.
The U. S. Supreme Court reinforced the prohibition against using deadly force to arrest fleeing felons in the absence of a deadly threat in _____ when it decided the case of ____________
1985
Tennessee v. Garner
The U. S. Supreme Court ruled that the use of deadly force to prevent the escape of a suspected criminal is _____ if the suspect appears to be neither armed nor dangerous.
Unconstitutional
The safest and clearest authority for the use of deadly force is in _______________.
Defense of self or others
G.S. 15A-401 also authorizes an officer to use deadly force to prevent the escape of a suspect who is attempting to escape by __________________.
Means of a deadly weapon.
