CON LAW Flashcards
1ST AMENDMENT
- Speech, Press, Assembly & Religion
- Speech can be oral, written, social media
- Speech not protected: Fighting words -
inflict injury, tend to immediate breach of
people (“I’m going to knock you out”)
Speech plus (Shouting Fire)
FRISK
- The patting down of the outer clothing of
a person, an area under his control, to
determine by the sense of touch, the
presence of a weapon. - may never be conducted to find evidence
or drugs - purpose is for protection and safety
- Frisk = Weapon
Stop & Frisk
- Must have reasonable suspicion based
on “specific and articulate facts” that a
person is armed and dangerous
Reasonable Suspicion
The minimum level to stop/detain
someone (SEIZE SOMEONE)
Reasonable suspicion
“Specific and articulable facts” which,
when taken together would convince a
person of reasonable caution to believe
that a person has committed, is committing
or is about to commit a crime (Unlawful
design)
PROBABLE CAUSE
That level of proof that is more than
reasonable suspicion, yet less than proof
beyond a reasonable doubt
PROBABLE CAUSE TO SEARCH
That level of proof, based on facts
sufficiently strong in themselves, to cause a
reasonable person to believe seizable
evidence is located in a particular place
PROBABLE CAUSE TO ARREST
- 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
Levels of Proof (staircase to stop/arrest)
- Proof beyond reasonable doubt (Guilty in
court conviction) - Probable Cause (Arrest/Search)
- Reasonable Suspicion (Stop/threshold
inquiry) - Mere Suspicion (Observe/Investigate)
Seizure
- When police take possession of property,
make an arrest, or restrict a person’s ability
to move freely - Touching = Seizure
- Need reasonable suspicion of committing
a crime in past, present or future - They are under Plain View
- As long as officers recovered items in
respect to scope and intensity
DISTURBING THE PEACE
Most people find to be unreasonably
disruptive; which do in fact infringe on
someone’s right not to be disturbed
- Misdemeanor
DISORDERLY PERSON
Person/s who causes public
inconvenience, annoyance or alarm
- Occurs in officers presence / public way
or place
- Fighting / Threatening behavior,
Hazardous / physically offensive, no
legitimate purpose
- Misdemeanor
INTERFERING WITH A POLICE OFFICER
- Individual physically performed an act that
obstructed or hindered the officer - Individual was aware and intended to
obstruct or hinder the officer in the
performance of that duty
UNLAWFUL ASSEMBLY
- 5 or more armed
- 10 or more (armed or not)
- unlawfully, riotously or tumultuously
assembled
ASSEMBLY IS REGULATED BY
- Time / Place / Manner
Threshold Inquiry
- Also known as “Investigative stop”
- Violation of Municipal law or Traffic
infraction IS enough to justify a threshold
inquiry
Voluntary Encounter
can approach citizens to talk/ask
questions as long as they feel they are free
to leave
- police can not compel cooperation or
seize a person without justification (RS)
The stop starts when the Pursuit begins
- Signal to submit the authority:
>verbal commands
>blue lights
>Physical touch
>blocking someone’s way
># of officers
>Taking ID
>Hand on gun
Is the person free to leave?
K-9
- Need minimum RS to request for canine
sniff - K-9 alerts - PC to search
Valid Arrest (ICC)
-Intent
- Communication
- Control
Lawful Arrest
- Protect vehicle from frisk or property
damage if left unattended - minimize claims of theft
- protect both police and public from
dangerous items
Exceptions to warrantless arrest in
private dwelling
Fresh and continuous pursuit
- Exigent circumstances
Search Incident to Lawful Arrest
Looking for
> weapons; things to avoid arrest or effect
escape (means of escape), and
> Evidence of the crime for which the arrest
is made
- May always search for weapons
Motor Vehicle Frisk Area
Extends to the area where the suspect
realistically has, had or will have access to
a weapon; includes glove compartment;
except for trunk
