Cons law Flashcards
Arrest
The taking under real or assumed authority, custody of another person for the purpose of holding him to answer to a criminal charge, or to prevent harm to himself or others.
What is a crime?
An act committed or omitted in violation of public law, either forbidding or commanding it to be done.
What is a felony?
Any crime punishable by death or imprisonment in the state prison.
What is a misdemeanor?
Any crime less than a felony.
What is probable cause?
That level of proof that is more than reasonable suspicion, yet less than proof beyond a reasonable doubt.
What is 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.
What is 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.
How is proof beyond a reasonable doubt determined?
It is determined in court.
What does search imply?
A quest or examination; a prying into hidden places for that which is concealed.
What is a seizure?
A forceful taking or dispossession of property of another, not accompanied by a search.
What is a frisk?
The patting down of the outer clothing of a person, or area under his control, to determine by sense of touch, the presence of a weapon.
What does reasonable suspicion mean?
That level of proof that is less than probable cause but more than mere suspicion.
What is unlawful design?
That a suspect has committed, is committing, or is about to commit a crime.
What is statutory law?
Law effected by legislative enactments.
What is case law?
The law as established from previous decisions made in past court cases (i.e. Miranda v. Arizona).
What does the 1st Amendment encompass?
SPAR: Speech, Press, Assembly, Religion.
What is considered protected speech?
Speech can be oral, written, social media, pictures, etc.
What are fighting words?
Words that inflict injury or tend to incite an immediate breach of peace.
What is speech plus?
Speech that incites immediate criminal activity (e.g., yelling ‘FIRE’ in a movie theatre).
What constitutes unlawful assembly?
5 or more people armed, or 10 or more people armed or not, AND unlawfully, riotously, or tumultuously assembled.
How can assembly be regulated?
Regulated by time, place, and manner, only if strong rational reasons exist.
What is disturbing the peace?
A misdemeanor involving unreasonable disruption that infringes on someone’s right not to be disturbed.
What defines a disorderly person?
Persons who cause public inconvenience, annoyance, or alarm, occurring in an officer’s presence and in a public place.
What is resisting arrest?
Knowingly preventing or attempting to prevent an officer from effecting an arrest.
What does interfering with a police officer entail?
Obstructing or hindering an officer engaged in lawful duty, with awareness and intent.
What does the 4th Amendment prohibit?
Unreasonable searches and seizures by government.
What protections does the 5th Amendment provide?
Protects citizens from double jeopardy and self-incrimination.
What does custody + interrogation equal?
Miranda.
What does the 6th Amendment require?
All persons charged with a crime to be informed of charges against them, with the right to counsel and a speedy public trial by an impartial jury.
What are common civil lawsuits?
False arrest, use of force, malicious prosecution, failure to stop unlawful actions by another police officer.
