con lvl 2 Flashcards
What does the 1st Amendment protect?
Speech, Press, Assembly & Religion
What types of speech are not protected under the 1st Amendment?
Fighting words and speech plus (e.g., shouting fire in a crowded theater)
What is a frisk?
The patting down of the outer clothing of a person to determine the presence of a weapon
What is the purpose of a frisk?
Protection and safety
What is required for a stop and frisk?
Reasonable suspicion based on specific and articulate facts
Define reasonable suspicion.
Specific and articulable facts that would convince a person of reasonable caution to believe a crime is being committed
What is probable cause?
A level of proof that is more than reasonable suspicion but less than proof beyond a reasonable doubt
What is probable cause to search?
Proof that causes a reasonable person to believe seizable evidence is located in a particular place
What is the difference between probable cause to search and probable cause to arrest?
Search requires belief evidence is in a location; arrest requires belief the accused committed a crime
List the levels of proof in ascending order.
- Mere Suspicion
- Reasonable Suspicion
- Probable Cause
- Proof Beyond Reasonable Doubt
What constitutes a seizure?
When police take possession of property, make an arrest, or restrict a person’s ability to move freely
What is disturbing the peace?
Behavior considered unreasonably disruptive, infringing on others’ rights
What is a disorderly person?
A person causing public inconvenience, annoyance, or alarm in a public place
What is interfering with a police officer?
Physically obstructing or hindering an officer’s duty
Define unlawful assembly.
Five or more armed individuals or ten or more unlawfully assembled
What regulates assembly?
Time, place, and manner
What is a threshold inquiry?
An investigative stop justified by a municipal law or traffic infraction
What is a voluntary encounter?
An interaction where citizens feel free to leave; police cannot compel cooperation
What starts a stop?
The pursuit begins with a signal to submit authority
What is required for a K-9 request?
Minimum reasonable suspicion
What are the three elements of a valid arrest?
- Intent
- Communication
- Control
What is required for a lawful arrest?
- Probable cause
- Arrestable offense
- Jurisdiction
What are strip searches based on?
Probable cause and determined by supervisory duty
What is curtilage?
The immediate area around a dwelling
What is the exclusionary rule?
A rule that excludes evidence obtained from unlawful searches
What is an arrest warrant?
A warrant for one’s person separate from a search warrant
What is a fugitive warrant?
A warrant that requires checking extradition with other jurisdictions
List categories of seizable evidence.
- Mere evidence
- Contraband
- Instrumentals
- Fruits of the crime
- Living person with arrest warrant
- Dead human body
When does a search end?
When the item listed on the search warrant is discovered
Under what conditions can items be seized?
When they are in plain view
What are exceptions to warrantless arrests in private dwellings?
- Fresh pursuit
- Exigent circumstances
What can be searched incident to a lawful arrest?
- Weapons
- Evidence of the crime for which the arrest is made
What is the scope of a search incident to an arrest in a motor vehicle?
Passenger compartment and areas of immediate control
What is required for consent to search?
- Voluntary
- Intelligent
- Knowingly
What is the purpose of administrative inventories?
To safeguard owner’s property and protect police from theft accusations
What justifications are needed for a motor vehicle inventory search?
- Lawful custody of a motor vehicle
- Written department guidelines
What are the two requirements for a motor vehicle exception search?
- Probable cause
- Must be on a public way
What is the validity period for a search warrant?
7 days
What is a protective sweep?
A cursory check of a premise limited to people, not evidence
What are the conditions for an exit order?
- Community caretaker
- Officer safety
- Reasonable suspicion
- Police function
What is a pretextual stop?
Stopping a vehicle based on speculation or hunch without reasonable grounds
What does Cops + Custody + Interrogation equal?
Miranda
