con law

Question 1

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

Answer 1

i. Time, Place, Manner

Question 2

Probable Cause to Arrest?

Answer 2

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

Question 3

what’s Probable Cause to Search?

Answer 3

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.

Question 4

search?

Answer 4

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

Question 5

Seizure?

Answer 5

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

Question 6

what’s a Frisk?

Answer 6

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

Question 7

Arrest?

Answer 7

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.

Question 8

Reasonable Suspicion?

Answer 8

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.

Question 9

crime?

Answer 9

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

Question 10

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

Answer 10

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

Question 11

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

Answer 11

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

Question 12

4th Amendment

Answer 12

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

Question 13

5th Amendment

Answer 13

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

Question 14

6th Amendment

Answer 14

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

Question 15

14TH Amendment

Answer 15

due process and equal protection under the law

Question 16

Levels of Proof (Staircase)

Answer 16

4. Proof Beyond a Reasonable Doubt → Guilty in Court Conviction
5. Probable Cause → Arrest/Search
   2 Reasonable Suspicion → Stop/Threshold Inquiry
6. Mere Suspicion → Observe/Investigate

Question 17

Major difference between RS and PC

Answer 17

The DEGREE OF CERTAINTY

Question 18

The stop starts when the pursuit begins.

Answer 18

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