Case Law Flashcards
State v. Flynn (2011)
Montana law provides a greater right of privacy under it’s state’s constitution exceeding that of the United States Constitution.
State v. Spaulding (2011)
Montana law recognizes the community caretaker exception to the warrant requirement in encounters between government officials and citizens.
State v. Cooksey (2012)
Montana law requires that when an investigation is conducted by a peace officer of an incident that appears to have or is alleged to have involved justifiable use of force, the investigation must be conducted so as to disclose all evidence that might support the apparent or alleged justifiable use of force.
State v. Haldane (2013)
Montana law provides that a peace officer may stop any person or vehicle that is observed in circumstances that create a particularized suspicion that the person or occupant of the vehicle has committed, is committing, or is about to commit an offense.
State v. Roy (2013)
An investigatory stop must be justified by a particularized suspicion.
State v. Wagner (2013)
Police officers are not required to assist a defendant with procuring exculpatory evidence.
United States v. White (1971)
Warrantless electronic monitoring of conversations, with the consent of one party, does not violate the Fourth Amendment to the Unites States Constitution.
City of Billings v. Nelson (2014)
The language of the disorderly conduct statute prohibiting the use of threatening, profane, or abusive language has been construed to only apply to “fighting words”.
State v. Emerson (2015)
The fruit of the poisonous tree doctrine forbids the use of evidence discovered as the result of an illegal act by the police.
United States v. Matlock and Georgia v. Randolph
Consent searches are permissible warrantless searches and are reasonable when the consent comes from the sole occupant of the premises. When multiple occupants are involved, the rule extends to the search of the premises or effects of an absent, non consenting occupant so long as the consent of one who possesses common authority over the premises or effects is obtained. However, when a physically present inhabitant refuses to consent, that refusal is dispositive as to him, regardless of the consent of a fellow occupant.
State v. Sommers (2014)
A person who cannot put a vehicle into motion, is not in actual physical control of that vehicle.
MCA 61-8-1002
Driving Under the Influence
(1) A person commits the offense of driving under the influence if the person drives or is in actual physical control of:
(a) a vehicle or a commercial motor vehicle upon the ways of this state open to the public while under the influence of alcohol, any drug, or a combination of alcohol and any drug;
(b) a noncommercial vehicle upon the ways of this state open to the public while the person’s alcohol concentration, as shown by analysis of the person’s blood, breath, or other bodily substance, is 0.08 or more;
(c) a commercial motor vehicle within this state while the person’s alcohol concentration, as shown by analysis of the person’s blood, breath, or other bodily substance, is 0.04 or more;
(d) a noncommercial vehicle or commercial motor vehicle within this state while the person’s tetrahydrocannabinol level, excluding inactive metabolites, as shown by analysis of the person’s blood or other bodily substance, is 5 ng/ml or more; or
(e) a vehicle within this state when the person is under 21 years of age at the time of the offense while the person’s alcohol concentration, as shown by analysis of the person’s blood, breath, or other bodily substance, is 0.02 or more.
MCA 46-6-102
Persons exempt from arrest.
(1) Electors shall in all cases except treason, felony, or breach of the peace be privileged from arrest during their attendance at election and in going to and returning from the same.
(2) Senators and representatives shall in all cases except felony or breach of the peace be privileged from arrest during the sessions of the state legislature and in going to and returning from the same.
(3) The militia shall in all cases except treason, felony, or breach of the peace be privileged from arrest during their attendance at musters and election and in going to and returning from the same.
(4) Judges, attorneys, clerks, sheriffs, and other court officers shall be privileged from arrest while attending court and while going to and returning from court.
Maslow’s Needs Hierarchy
- Physiological Needs
- Safety Needs
- Belongingness and Love Needs
- Self-Esteem Needs
- Self-Actualization Needs
CPTED Strategies (Crime Prevention through Environmental Design)
- Natural Access Control
- Natural Surveillance
- Territorial Reinforcement
- Target Hardening
Natural Access Control
A design concept directed primarily at decreasing crime opportunity by denying access to crime targets and creating in offenders a perception of risk. (gained by designs that clearly indicate public routes and discourage access to private areas)
Natural Surveillance
A design concept directed primarily at keeping intruders easily observable. (promoted by features that maximize visibility)
Target Hardening
Accomplished by features that prohibit entry or access (window locks, deadbolts, interior hinges)
Territorial Reinforcement
Physical design can create or extend a sphere of influence. Users then develop a sense of territorial control while potential offenders are discouraged.
