Con Law Final Exam Flashcards
Reasonable Suspicion
General and reasonable belief that some type of criminal activity is taking place or is about to take place
Probable Cause
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
Trial Courts of Federal Courts
US District Courts
Purpose of 4th Amendment Exclusionary Rule
To deter police misconduct
Purpose of 5th Amendment Exclusionary Rule
To assure trustworthy evidence
1st Amendment
Freedom of religion, freedom of speech, freedom of press
4th Amendment
The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures
5th Amendment
Don’t have to be a witness against oneself
Double Jeopardy
Due Process
6th Amendment
Guarantees a fair and speedy public trial (Presley v Georgia)
8th Amendment
No cruel and unusual punishment inflicted
14th Amendment
Due Process reiterated
Equal Protection
Bill of Rights
Fresh Pursuit
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.
Close Pursuit
Allows an officer to cross state lines in pursuit of a felon. ONLY FOR FELONIES. Can make an arrest out of state.
Hot Pursuit
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)
Due Process
“Fundamental Fairness” fair trial…
When must you videotape?
Must videotape all juvenile custodial interrogations and adult felony interrogations only
When is Miranda required?
In Custody
Interrogation
What type of evidence are SFST’s considered?
Physical Evidence
What must a search warrant specify to allow you to do a pat down on everyone
“All persons search warrant”
What is needed to make a dynamic entry into a home?
A felony arrest warrant is needed and you must have reason to believe the subject of the arrest is home
How do you properly announce your presence when executing an arrest/search warrant?
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
Curtilage
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)
Standing
When a person has the right to legally object
When does a person have standing?
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
