Con Law Final Exam Study Guide

Question 1

In Wisconsin, what is a crime?

Answer 1

Conduct which is prohibited by state law and punishable by fine or imprisonment or both. Conduct punishable only by forfeiture is not a crime

Question 2

What are the two different levels of crime and the differences between them?

Answer 2

• Felony and misdemeanor.
• A felony is a crime punishable by imprisonment in the Wisconsin State prison for a year or more.
• Every other crime is a misdemeanor.

Question 3

What are the rules concerning a plain view seizure of an item by a police officer?

Answer 3

-Permits a warrantless seizure where an officer is
- lawfully located in the place where the observation was made and
- must have a lawful right of access to the object itself
- and the incriminating character of the item is immediately apparent.
-Object seen must be contraband, evidence or illegal on its face.

Question 4

What is meant by a strict liability crime?

Answer 4

It is a crime that does not require proof of specific intent, recklessness, or negligence. Even if ignorant of the law the act itself is still illegal.

Question 5

What are the rules/limits for law enforcement on a Terry Stop of a vehicle WITHOUT a traffic violation? What can an officer legally do on a simple reasonable suspicion stop?

Answer 5

• The person is officially seized
• The person can NOT legally leave or walk away
• Can request ID and explanation of their conduct but they don’t have to give it.
• Must keep them in the vicinity of the stop.
• Can request consent to search but they don’t have to give it.
• Can’t frisk them or pat them down for weapons unless you have DOPI.

Question 6

Explain what an officer can legally do on a traffic stop for a traffic violation?

Answer 6

• Both the driver and all passengers are officially seized when you stop a car on a TS.
• The driver and passengers can NOT legally leave or walk away.
• You can DEMAND a driver’s license from the driver and proof of insurance.
• You can verify the driver’s signature (343.18)
• Can demand the driver and passengers exit the vehicle for no particular reason.
• You can look for the VIN to confirm it.
• You can look anywhere in the vehicle you can see under plain view.
• You can ask them questions about any non-traffic related subject you want.
• But, you cannot “measurably extend the duration of the traffic stop.”
• You CAN ask them if they have any weapons on them.
• You can ask for consent to search them for weapons.
• You can request ID from the passengers, BUT they must be suspected of criminal activity and that suspicion must be supported by reasonable suspicion to demand it.

Question 7

What is the definition of Probable cause?

Answer 7

A set of facts of circumstances that lead a reasonable officer to believe that a specific crime is being, has been, or is about to be committed by a specific person.

Question 8

What legal level of proof is required for an officer to make an arrest?

Answer 8

Probable Cause

Question 9

What is the definition of jurisdiction?

Answer 9

• The authority to act, to arrest, to prosecute, or do some kind of official duty.
• It is both geographic and statutory in nature.

Question 10

What are the two different factors that determine whether an officer has jurisdiction?

Answer 10

• Words in a book (statute book)
• Lines on a map (physical boundaries)

Question 11

What is the exclusionary rule?

Answer 11

Evidence obtained or collected (illegally) in violation of a suspect’s constitutional rights by the government (the police) is inadmissible in a court of law.

Question 12

What are the three circumstances that the exclusionary rule covers?

Answer 12

• Illegal arrest
• Unreasonable search
• Coercive interrogation

Question 13

Define Fruit of the poisonous tree?

Answer 13

SECONDARY evidence that is obtained as a result of the originally tainted evidence is ALSO excluded from use in court.

Question 14

What is the Carroll doctrine?

Answer 14

CAR: Carroll doctrine allows the warrantless search of a motor vehicle IF YOU HAVE PROBABLE CAUSE.
- This permits a police officer to search an entire motor vehicle and any containers inside it if there is probable cause to believe the vehicle contains contraband or the fruits, instrumentalities or evidence of criminal activity.

Question 15

What is the Garner Rule?

Answer 15

(If he’s running, you ain’t GARNER catch him!!)
- The US Supreme Court decided in the 1985 case of Tennessee v. Garner that Police cannot shoot an unarmed fleeing felon.

Question 16

What is the Gant doctrine?

Answer 16

(Can’t automatically SIA from a car)
- GANT means you CAN’T search a CAR incident to an arrest from that car.
- An arrest of a person from a vehicle does NOT automatically allow you to search the vehicle incident to that arrest unless (1) Searching for evidence of the offense you took them out of the car for (2) or for officer safety

Question 17

What is the Shatzer rule?

Answer 17

The US Supreme Court decided in the 2010 case of Maryland v. Shatzer that when police take a person into custody and interrogate and that suspect invokes his right to an attorney and is then released, police must wait 14 days before attempting re-interrogation after release
- Custody + interrogation + invokes + release + 14-days = re-interrogation

Question 18

What are the rules that make a consent search by an officer legal?

Answer 18

• The person who consents to a search must have the authority to grant consent.
• This consent must, however, be voluntarily, freely and knowingly given
• The consent must not be coerced!!!!
• The search is limited in scope and can be revoked at anytime.

Question 19

What are the elements of the crime of “Theft”?

Answer 19

• With Intent, knowingly takes or retains moveable property of another,
• Without consent of the owner,
• With intent to permanently deprive.

Question 20

What are the elements of the crime of “Robbery”?

Answer 20

• With Intent, knowingly took property from the person or presence of the owner,
• Without consent of the owner,
• With force or the threat of force.

Question 21

What are the elements of the crime of “Burglary”?

Answer 21

• With Intent, knowingly entered a building/dwelling of another (place),
• Without consent of the owner or person in possession of,
• With intent to steal or commit a felony.

Question 22

When can an officer conduct a frisk of a person who is legally detained?

Answer 22

LEGALLY DETAINED + DOPI = FRISK
When an Officer reasonably suspects that he or she or another is in danger of physical injury

Question 23

List 10 circumstances that are exceptions to the search warrant requirement in the 4th amendment?

Answer 23

1.) Abandon objects
2.) Automobiles (Carroll Doctrine)
3.) Community caretaker
4.) Consent searches
5.) Custodial searches
6.) Exigent circumstances
7.) Frisk after a Terry Stop
8.) Hot pursuit
9.) Incident to a lawful arrest
10.) Plain view
11.) Inspection pursuant to law - administrative - borders
12.) Inventory searches
13.) Private searches
14.) Probation search at the behest of a P&P agent
15.) Search of a person on P&P at the behest of an officer (ACT 79 Search)
16.) Protective sweep
17.) Public place, public view, open fields, K9 sniffs
18.) Special Needs Doctrine
19.) Third Party Doctrine

Question 24

Define Disorderly conduct? (engages in VAIP-BUL)

Answer 24

• In a public or private place, engages in violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct,
• under circumstances in which the conduct tends to cause or provoke a disturbance

Question 25

When and how can citizens legally carry or transport loaded or unloaded guns in a motor vehicle?

Answer 25

It is legal to:
- Place, possess, or transport a handgun in a vehicle without being unloaded or encased if they have a CCW permit or not concealed
- Load a handgun in a vehicle
- Operate an all-terrain vehicle (ATV) with a handgun in the operator’s possession.
- Place, possess, or transport a handgun in or on a motorboat with the motor running without being unloaded or encased
- Place, possess, or transport a handgun in or on a noncommercial aircraft.
- Long guns, firearms (other than handguns), bows, or crossbows can be carried uncased in a vehicle, ATV, boat, or non-commercial aircraft so long as they are unloaded.

Question 26

Give the elements of the crime of Retail theft?

Answer 26

Without the merchant’s consent and with intent to deprive the mercahnt permanently of possession or the pull purcahse price of the merchandise or property, does any of the following:
- Intentionally alters indicia of price or value of merchandise,
- Intentionally takes and carries away merchandise,
- Intentionally transfers merchandise held for resale,
- Intentionally conceals merchandise,
- Intentionally retains possession,
- Intentionally removes a theft detection device,
- Uses, or possesses with intent to use, a theft detection shielding device,
- Uses, or possesses with intent to use, a theft detection device remover to remove a theft detection device.

Question 27

When does Retail theft become a felony?

Answer 27

• If the value of the merchandise exceeds $500
  OR
• The value of the merchandise does not exceed $500
• The person agrees or combines with another to commit the violation
• The person intends to sell the merchandise by means of the internet.

Question 28

Define a strip search under Wisconsin state law?

Answer 28

A search in which a detainee’s genitals, pubic area, buttock or anus, or a female detainee’s breast, is uncovered and either is exposed to view or is touched by a person conducting the search.

Question 29

Explain when a police officer may legally conduct a strip search and the rules they must follow?

Answer 29

1.) Person searched must be a detainee (arrested).
2.) Detainee includes both adults and juveniles.
3.) A detainee is also a person arrested or otherwise lawfully detained or taken into custody, if the person will be incarcerated, imprisoned, or otherwise detained in a jail or prison with one or more other persons
4.) Strip search for any felony or certain listed misdemeanors.
5.) Also, if arrested for any misdemeanor and if there is probable cause to believe the person is concealing a weapon or a thing which may constitute evidence of the offense for which he or she is detained.
6.) Covers both adults and juveniles.
7.) Searcher must be the same sex (unless a body cavity search)
8.) Detainee cannot be exposed to view by outsiders.
9.) Can NOT be recorded by audio or visual
10.) Must have prior written permission from the chief, UNLESS you have PC that the detainee is concealing a weapon
11.) The searcher must prepare a report and give a copy to the detainee.

Question 30

What are the six rules for a Terry Stop?

Answer 30

• Must occur in a public place
• Officer must identify him or herself
• Must reasonably suspect subject is committing, has committed, or is about to commit a law violation
• officer can demand the person’s name and address and explanation of conduct BUT they don’t have to answer
• must be in the vicinity of the initial stop (less than 4 mi)
• reasonable amount of time (no more than 20 min)