Con Law Final Exam Flashcards

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1
Q

Reasonable Suspicion

A

General and reasonable belief that some type of criminal activity is taking place or is about to take place

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2
Q

Probable Cause

A

A set of facts and circumstances that would lead a reasonable police officer to believe that another specific person is about to commit, has committed, or is committing a crime

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3
Q

Trial Courts of Federal Courts

A

US District Courts

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4
Q

Purpose of 4th Amendment Exclusionary Rule

A

To deter police misconduct

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5
Q

Purpose of 5th Amendment Exclusionary Rule

A

To assure trustworthy evidence

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6
Q

1st Amendment

A

Freedom of religion, freedom of speech, freedom of press

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7
Q

4th Amendment

A

The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures

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8
Q

5th Amendment

A

Don’t have to be a witness against oneself
Double Jeopardy
Due Process

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9
Q

6th Amendment

A

Guarantees a fair and speedy public trial (Presley v Georgia)

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10
Q

8th Amendment

A

No cruel and unusual punishment inflicted

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11
Q

14th Amendment

A

Due Process reiterated
Equal Protection
Bill of Rights

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12
Q

Fresh Pursuit

A

An offense occurs in your jurisdiction and you pursue outside your jurisdiction anywhere in Wisconsin. It allows you to write a citation or make an arrest.

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13
Q

Close Pursuit

A

Allows an officer to cross state lines in pursuit of a felon. ONLY FOR FELONIES. Can make an arrest out of state.

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14
Q

Hot Pursuit

A

Allows an officer to invade a zone of privacy without a warrant for jailable offenses (needs to be a jailable offense and you must have probable cause)

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15
Q

Due Process

A

“Fundamental Fairness” fair trial…

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16
Q

When must you videotape?

A

Must videotape all juvenile custodial interrogations and adult felony interrogations only

17
Q

When is Miranda required?

A

In Custody

Interrogation

18
Q

What type of evidence are SFST’s considered?

A

Physical Evidence

19
Q

What must a search warrant specify to allow you to do a pat down on everyone

A

“All persons search warrant”

20
Q

What is needed to make a dynamic entry into a home?

A

A felony arrest warrant is needed and you must have reason to believe the subject of the arrest is home

21
Q

How do you properly announce your presence when executing an arrest/search warrant?

A

1) Notice of presence - Knock at door, AND
2) Notice of identity - Say “Police”, AND
3) Notice of purpose - Say “Search Warrant”, AND
4) Allow Occupants to Voluntarily Open the Door

22
Q

Curtilage

A

The area around a dwelling in which occupants carry on the daily activities of daily life or the zone of habitation (habitually used for family purposes)

23
Q

Standing

A

When a person has the right to legally object

24
Q

When does a person have standing?

A

1) Live at residence
2) Are staying overnight for at least one night
3) A driver (who is not the owner of the vehicle, as long as they have the car legally) of a vehicle
4) A passenger in a vehicle