con law Flashcards

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1
Q

How can Assembly be regulated (and only if strong rational reasons exist)?

A

i. Time, Place, Manner

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2
Q

Probable Cause to Arrest?

A

That level of proof, based on facts sufficiently strong in themselves, to cause a reasonable and prudent person to believe that the accused committed the crime with which he is charged

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3
Q

what’s Probable Cause to Search?

A

That level of proof, based on facts sufficiently strong in themselves, to cause a reasonable person to believe sizable evidence is located in a particular place.

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4
Q

search?

A

Implies a quest or examination. A prying into hidden places for that which is concealed.

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5
Q

Seizure?

A

A forceful taking or dispossession of property of another, not accompanied by a search.

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6
Q

what’s a Frisk?

A

The patting down of the OUTER clothing of a person, or area under control, to determine by sense of touch, the presence of a weapon. WEAPON = FRISK

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7
Q

Arrest?

A

The taking under real or assumed authority, custody of another person for the purpose of holding him to answer to a criminal charge, or to prevent harm to himself or others.

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8
Q

Reasonable Suspicion?

A

That level of proof that is less than probable cause but more than mere suspicion. (Means you can stop someone – the legal threshold)
j. Unlawful Design: That a suspect has committed, is committing, or is about to commit a crime.

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9
Q

crime?

A

An act committed or omitted in violation of public law, either forbidding or commanding it to be done.

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10
Q

Unlawful Assembly (Need BOTH elements – number of people AND activity)

A

5 or more people armed
10 or more people armed AND unlawfully, riotously, or tumultuously assembled

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11
Q

How can Assembly be regulated (and only if strong rational reasons exist)?

A

Time, Place, Manner
Can be on both public and private property

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12
Q

4th Amendment

A

Prohibits unreasonable searches and seizures by government
a. Persons, houses, papers, effects (reasonable expectation of privacy

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13
Q

5th Amendment

A

Protects citizens from double jeopardy and self-incrimination
Custody + Interrogation = Miranda

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14
Q

6th Amendment

A

Requires all persons charged with a crime to be informed of charges against them. People charged with a crime have a right to counsel and speedy public trial by an impartial jury

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15
Q

14TH Amendment

A

due process and equal protection under the law

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16
Q

Levels of Proof (Staircase)

A
  1. Proof Beyond a Reasonable Doubt → Guilty in Court Conviction
  2. Probable Cause → Arrest/Search
    2 Reasonable Suspicion → Stop/Threshold Inquiry
  3. Mere Suspicion → Observe/Investigate
17
Q

Major difference between RS and PC

A

The DEGREE OF CERTAINTY

18
Q

The stop starts when the pursuit begins.

A

Signal to submit to authority: verbal commands, blue lights (white lights are NOT), physical touch, blocking someone’s way, # of officers, taking ID, hand on gun, is the person free to leave?
Violation of Municipal Law/Traffic infraction IS enough

19
Q
A