Civil Rights/constitutional Law Flashcards
What are the amendments that are of special interest to police
1st amendment 4th 5th 6th 8th 14th
Is the constitution a living document?
Yes, it is constantly being interpreted to fit modern issues
Is the freedom guaranteed by the constitution are absolute?
No, the “rights” of an individual are weighed against the purpose in which the denial is based
What amendment is the right to freedom of speech, freedom of religion, peaceably assemble, freedom of the press.
1st amendment
What amendment pertains to the right of the people to be secure in their persons, houses, papers against unreasonable searches and seizures, and no warrants shall be issued without probable cause describing place to be searched and the person or thing to be seized
4th amendment
What amendment protects you from incriminating yourself, due process, or double jeopardy?
5th amendment
What amendment provides you the right to a speedy trial, legal representation, right to know your accuser, and right to have witnesses?
6th amendment
What amendments keep you from having excessive bail, excessive fines, or cruel and unusual punishment?
8th amendment
Which amendment protects ALL people equal protection and treatment?
14th amendment, includes ALL illegal aliens too!!!
Are illegal aliens protected like everyone else?
Yes
What is probably cause?
The facts and circumstances which the officer has reasonably trustworthy info and sufficient to warrant a person of reasonable caution that a crime has been or is being committed
What is a search?
Explorations or inspections by police of homes, premises, vehicles, or persons for the purpose of discovering evidence of a crime
What is seizure?
Taking persons or property into custody in response to violations of the criminal law
When does the 4th amendment pertain to use of force?
- When we detain someone (arrest)
- When we search someone or place
- shoot and kill someone
The fourth amendment is separated into 2 separate clauses, what are the 2 clauses?
1) unreasonable search and seizure clause
2) the warrant clause
A warrantless search and seizure is….
Deemed unreasonable and it is up to the government to justify their actions
A warrant search and seizure is…
Deemed reasonable because Warner’s are signed by the judge
What are the requirements for the warrant clause?
- oath or affirmation by officer
- facts and circumstances establishing probable cause
- describing places to be searched and things to be seized
What are the 5 important constitutional “cases”
- MAPP vs Ohio
- Miranda vs Arizona
- Terry vs Ohio
- Graham vs Conner
- Tennessee vs Gardner
What does the MAPP vs Ohio case entail?
Exclusionary rule (fruits of the poisonous tree)
Went into house to look for wanted person but went into drawers and found kid porn. Courts ruled was fruits of the poisonous tree because a guy couldn’t fit into a drawer so they shouldn’t have been looking in drawers
What does Miranda vs Arizona case entail
Must advice suspect of their rights before asking them questions about a crime
What does the Terry vs Ohio case entail?
Protective weapons search, terry stop, terry frisk without probable cause.
Officer on duty saw three guys In trench coats during summer heat pacing back and forth in front jewelry story. Was in a high crime area. Thought they were gonna rob the place so he stopped them and searched them for weapons and found weapons.
What does the graham vs Conner case entail?
Objective reasonableness severity of the crime, suspects level of threat, and suspects level of resistance
Guy is diabetic needs sugar runs into grocery story but runs out cause doesn’t have what he needs. Police sitting outside thinks he robbed the place. Stops him and tries to talk with him but because he is diabetic he is showing signs of what police thought was resistance so they beat him.
What does Tennessee vs Gardner case entail?
Can’t shoot fleeing suspect (ultimate seizure, Ruth amendment)
15 year old boy burgs place and takes off. Officer shoots him in back while fleeing
What is objective reasonableness standard?
Courts look at the “totality of the circumstances” to determine whether the manner of arrest was reasonable.
In determining if force was reasonable, courts must examine…
- The need for the application of force
- relationship between the need and amount of force used
- extent of the injury inflicted
Police power and authority comes from the…
The constitution
What laws are stricter state or federal?
State laws
Does a civil rights violation require a formal complaint for an investigation to be initiated.
No
With respect to a violation of an arrestees right to medical attention
it must be proven that the officer KNEW the person needed or wanted treatment, then refused to provide it (plays into the willful component needed to prove a civil rights violation).
No person shall, under color of any law willfully subject any person….
the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States
Violation of a persons civil rights is a…
Misdemeanor
Violation of someone’s civil right is a misdemeanor. It becomes a FELONY when…
- Bodily Injury results
- use/attempted use/threatened use of a Dangerous Weapon, Explosives, or Fire
- Death Results
- Kidnapping or Attempt to Kidnap,
- Aggravated Sexual Abuse, or an Attempt to Commit Aggravated Sexual Abuse, or an
- Attempt to Kill, the violation shall be a felony.
Prosecution of Title 18 U.S.C, Section 242 Requires 3 Factors be proven. What are the 3 factors?
- Acted under the “Color of Law”
- Acted Willfully (not an accident, on purpose)
- Violated a Constitutional or Statutory Right
What are the Factors relating to “Color of Law”
▪ Clothing ▪ On or Off-Duty status ▪ Display of Badge ▪ Commands issued ▪ Personal or Official reasons for the actions taken ▪ Use of Issued Equipment
Define Willfulness:
Individual had a specific intent to violate a person’s rights. The individual must have known what they were doing was wrong and did it anyway
Evidence of Willfulness Includes:
▪ An attempt at a “Cover-up” ▪ Making false statement regarding the incident ▪ Bragging about the act ▪ Violated Departmental Policies ▪ Did not follow training ▪ Witnesses to the incident
Define a hate crime
A crime motivated by bias against race, religion, disability, sexual orientation, ethnicity, gender, or gender identity.
A Crime + Motivation for committing the crime based on Bias = Hate Crime
Due to the 1st Amendment (Freedom of Speech) A person cannot be prosecuted simply for expressing their biased views and offending others in the process. However, the 1st Amendment does not allow a person to commit a crime because of their biased beliefs.
Define human trafficking
crime that involves exploiting a person for labor, services, or commercial sex.
NOTE: If the victim is a minor, the offense of Trafficking does not require the use of force,
fraud, or coercion
The constitution consist of how many articles and how many amendments
7 articles and 27 amendments
The first 3 Articles set up the 3 separate branches of the Federal Government, which include:
Article 1 - Legislative Branch (Congress: House of Representatives and Senate)
Article 2 - Executive Branch (Headed by the President)
Article 3 - Judicial Branch (Supreme Court and other lower Federal Courts)
Is a persons right absolute
No. The US Constitution is a “Flexible” document which is constantly changing and Rights are Not Absolute. The rights of individuals are weighed against the purpose on which a denial is based.
