Con Finals Flashcards
What does the 1st Amendment encompass?
SPAR: Speech, Press, Assembly, Religion
What forms can Speech take?
Speech can be oral, written, social media, pictures, symbolic, etc.
What types of Speech are NOT protected?
Fighting Words and Speech Plus
What are Fighting Words?
Words that inflict injury or tend to incite an immediate breach of peace.
What is Speech Plus?
Speech that incites immediate criminal activity, such as yelling ‘FIRE’ in a movie theatre.
What constitutes an Unlawful Assembly?
5 or more people armed, or 10 or more people armed or not, unlawfully assembled.
How can Assembly be regulated?
Through Time, Place, and Manner.
What defines a Disorderly Person?
Persons causing public inconvenience, annoyance, or alarm in an officer’s presence.
What is Resisting Arrest?
Knowingly preventing or attempting to prevent an officer from effecting an arrest.
What is Reasonable Suspicion?
A level of proof less than probable cause but more than a hunch.
What is Probable Cause?
Proof that is more than reasonable suspicion but less than proof beyond a reasonable doubt.
What is a Voluntary Encounter?
Police officers do not need legal justification to approach or ask questions of a citizen.
What is a Threshold Inquiry?
Also known as an Investigative Stop, it involves brief detention based on reasonable suspicion.
What amount of time is permissible for a Threshold Inquiry?
A reasonable amount of time.
When does a stop/seizure begin?
When the pursuit begins with intent to stop and question an individual.
What is a Frisk?
A limited ‘PAT DOWN’ for weapons on outer clothing and areas in immediate control.
What is the purpose of a Frisk?
Protection to find and seize weapons.
What is the standard for conducting a Frisk?
Must have reasonable suspicion based on specific and articulable facts.
What is the Exclusionary Rule?
Makes evidence seized in an unreasonable search inadmissible in court.
What are the conditions for Traffic Stops regarding passengers?
Officers may not detain a passenger based solely on the driver’s civil MV infraction.
What is required for K-9 usage during traffic stops?
A minimum of reasonable suspicion is needed to request a canine sniff.
What is required for Arrests under the 4th Amendment?
Probable cause is required for all arrests.
What is an Arrest Warrant?
A warrant that must be checked for validity immediately prior to arrest.
What is a Fugitive Warrant?
A warrant that requires checking if another state will extradite before arresting.
What are the components of an Arrest?
Intent, Communication, Control.
What defines a Lawful Arrest?
Probable cause, arrestable offense, and jurisdiction.
What is the jurisdiction limit into Newton & Brookline?
500 yards.
What are the 3 Major Motor Vehicle Searches?
Search Incident to Lawful Arrest, Inventory Search, Exception Search.
What is the purpose of a Motor Vehicle Inventory Search?
To protect the vehicle from damage, minimize theft claims, and protect from dangerous items.
What are Exit Orders?
Orders for officer safety, reasonable suspicion of any crime, or to conduct a police function.
What is the purpose of a Search Warrant?
To ensure government intrusion is justified by prior authorization of probable cause.
What is the Scope of a Search?
The area to be searched.
What is the Intensity of a Search?
Governed by the size of the item being searched for.
What is the validity period of a Search Warrant?
Valid for seven days from the day after it is obtained.
What are Strip Searches based on?
Probable cause and determined by the Duty Supervisor.
What is a Body Cavity Search?
Based on a high degree of probable cause and requires a warrant issued by a judge.
What are Protective Sweeps?
Limited, warrantless searches for people only, not evidence.
What is the Pretextual Stops Standard?
Police can make an authorized stop even if suspecting another crime.
What is the relationship between Custody and Interrogation?
Custody + Interrogation = Miranda.
What must a Police Officer provide regarding Miranda Rights?
Substance of the first four rights must be given, either orally or in writing.
What are the conditions for Waiver of Miranda?
Must be voluntary, intelligent, and knowing.
What happens when the Right to Silence is invoked?
All questioning stops unless the suspect initiates.
What happens when the Right to Counsel is invoked?
All questioning stops unless the suspect initiates or the attorney is present.
What is required for Miranda for Juveniles?
A parent or interested adult must be present for children 13 and under.
What is the Public Safety Exception?
Allows brief questioning without Miranda if public safety is at stake.
Is Miranda required for routine traffic stops?
Generally not required for routine traffic stops.
What are Show ups/Bring Backs?
Identifications done within 2 hours of the crime requiring reasonable suspicion.
What is the Confrontation Clause?
Defendant has the right to confront all witnesses against them.
What is Entrapment?
Inducement by a government agent of an otherwise innocent person to commit a crime.
