Collins Exam 1 Fall 2014- Policing & Individual Rights Flashcards
Powers of congress is covered in …..
Article I, Section 8 of the constitution
Congress has the power to lay an collect taxes
Article I, Section 8 of the constitution
Congress has the power to borrow money on the credit of the United States
Article I, Section 8 of the constitution
Congress has the power to coin money and fix weights and measures
Article I, Section 8 of the constitution
Congress has the power to set punishment for counterfeiting the securities and coin of the US
Article I, Section 8 of the constitution
Congress has the power to establish inferior courts
Article I, Section 8 of the constitution
Congress has the power to declare WAR
Article I, Section 8 of the constitution
Congress can establish a militia and call forth the Militia to execute the laws of the union, suppress insurrections and repel invasions
Article I, Section 8 of the constitution
Limits on Congress is covered in…
Article I, Section 9 of the constitution
Punishment without a trial.
Bill of Attainder
Punishment for a law that was not a crime at the time it was committed (“after the fact”)
Ex post facto law
No Bill of Attainder of ex post facto Law shall be passed.
Article I, Section 9 of the constitution
Importation of slaves was to stop in what year?
1808
Importation of slaves to stop in 1808 is covered where in the US constitution?
Article I, Section 9 of the constitution
Legal document that means “bring forth the body”.
Writ of Habeas Corpus
Powers prohibited of States is covered in…
Article I, Section 10 of the constitution
States shall not enter treaties or alliances. States shall not without consent of congress tax imports or exports. States shall not lay any dooty of tonnage, keep troups, or ships of war in peacetime.
Article I, Section 10 of the constitution
The EXECUTIVE BRANCH/The PRESIDENCY is covered where in the constitution.
Article II of the constitution
The role of the president is covered where in the constitution?
Article II, Section 1 of the constitution
How old must one be to run for the office of President in the US? Where is this established in the constitution?
35 yeas old, Article II, Section 1 of the constitution
Does the president have to be a natural born citizen? Where is this established in the constitution?
Yes, Article II, Section 1 of the constitution
How long does a candidate for president have to be living in the US for? Where is this established in the constitution?
Yes, Article II, Section 1 of the constitution
The presidential oath of office is covered where in the constitution of the US?
Article II, Section 1 of the constitution
I do solemnly swear that I will faithfully execute the office of president of the united states, and will to the best of my ability, preserve, protect and defend the constitution of the United States.
Presidential Oath of Office
President shall be Commander and Chief of the Army, Navy and Militia of the United States
Article II, Section 2 of the constitution
President shall have power to make treaties, appoint ambassadors and other ministers and consuls, judges of the supreme court. President can fill up all vacancies that may happen during the recess of the Senate….
Article II, Section 2
Civilian Power over Military, Cabinet, Pardon Power and Appointments
Article II, Section 2
The JUDICIAL BRANCH is covered where?
Article III of the Constitution
Supreme court established where in the constitution?
Article III, Section 1 of the constitution
All crimes , except in cases of impeachment, shall be by Jury; and such trial shall be held in the state where the said crimes
Article III, Section 2 of the constitution
Treason is defined where?
Article III, Section 3 of the constitution
The States…rules
Article IV of the constitution
Any person charged in any state with treason, felony or other crime, who shall flee from justice, and be found in another state, shall on demand of the executive authority of the state from which he fled, be delivered up to be removed to the state having jurisdiction of the crime.
Extradition, Article IV, Section 2 of the constitution
Escaped slaves must be returned home.
Extradition, Article IV, Section 2 of the constitution
Amendment 1
Freedom of religion. Freedom of speech Freedom of the press Right to peaceably assemble Right to petition the government for a redress of grievances
Amendment 4
Protects against unreasonable search and seizures.
No warrant without probable cause.
Warrant must specify place to be searched and the persons or things to be seized.
Amendment 5.
Must be indicted for capital and infamous crimes by a grand jury.
No double jeopardy
No self-incrimination
No deprivation of life, liberty or property w/o due process of law.
Eminent domain
Amendment 6
Speedy public trial by impartial jury
Defendant must be informed of the accusations
Defendant has a right to be confronted with witnesses
Amendment 14
NO STATE shall deprive anyone of life, liberty or property without due process of law.
Equal protection of the laws.
Representatives appointed based on state population
Right to vote for all males 21 years of age and up
More than bare suspicion; reasonable ground for belief of guilt. When facts and circumstances within the officers’ knowledge….believe that a crime was/is being committed
Probable cause
Probable cause is required in these 4 instances
Arrest with a warrant
Arrest without a warrant
Searches and seizures with a warrant
Searches and seizures without a warrant
Court established 2prong test for determining probable cause on the basis of information obtained from an informant engaged in criminal activity (low credibility)….what case?
Aguilar v. Texas (1964)
Two prongs in Aguilar test
Prong 1: reliability of the informant
Prong 2: reliability of the information
This case reiterated the 2 prong Aguilar test for probable cause
Spinelli v. US
New interpretation of the 2 prong Aguilar and Spinelli 2 prong test.
Illinois v. Gates (1982)
If a neutral and detached magistrate determines that, based on an informant’s information and all the other available facts, there is probable cause to believe that an arrest or search is justified, the the warrant may. Be issued.
Totality of the circumstances(informant)
Informant tip + information about future actions of the suspect + independent corroboration by police =
Totality of the circumstances (Illinois v. Gates (1983)
Informant tip can establish probable cause if substantially corroborated by police.
Draper v. US
Police can surveil a location or individuals in an effort to corroborate an informant’s information to lead to probable cause
Draper v. US (1959)
This court case ruled that the 4th amendment does not require the offense establishing probable cause to be closely related to or even based on the same conduct as the officer initially identified by the officer. Ex. Person stop with probable cause to be committing the crime of impersonation a police office. It is late found that he was recording the incident without considering if all parties. Police officers arrest for privacy issue.
Devenpeck v. Alford
A stop and frisk based on reasonable suspicion is valid
Terry v. Ohio
The totality of the circumstances in this case established a reasonable suspicion that the suspect was transporting illegal drugs; hence the investigative stop without a warrant was valid.
United v. Sokolow (1989)
Exclusionary rule applies to federal law enforcement officers
Weeks v. US
The exclusionary rule applies to all state criminal proceedings.
Mapp v. Ohio (1961)
Evidence obtained as a result of illegal acts by the police must be excluded. “Fruit of the poisonous tree”.
Wong Sun v. US (1963)
Illegally obtained evidence may be admissible if the police can prove that they would have discovered the evidence anyway through lawful means
Nix v. AWilliams
The “good faith” exception to the exclusionary rule allows the use of evidence obtained by officers who are acting in reasonable reliance on a search warrant that is later declared invalid
United States v. Leon (1984)
The “independent source” exception to the exclusionary rule allows the use of evidence obtained by officers who act on reasonable reliance on a warrant that is based on information that was illegally obtained.
Murray v. US (independent source doctrine)
