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constitutional law > constitutional law > Flashcards

constitutional law Flashcards

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1
Q

articles of Massachusetts declaration of rights which apply to policing operations

A

Article 12: no one should be held unless everything is explained to them
Article 14: Unreasonable search and seizure

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2
Q

U.S. Constitution amendments that apply directly to policing

A

1st Amendment: freedom of speech
2nd Amendment: right to bear arms
4th Amendment: unreasonable search and seizure
5th Amendment: double jeopardy/ self incrimination
6th Amendment: right to a speedy trial
8th amendment: cruel and unusual punishment
14th Amendment: due process

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3
Q

search

A

physical invasions or intrusions of privacy by police on people, homes or property to obtain info

Need:
warrant
consent
exigent circumstance

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4
Q

Seizure

A

when police take possession of property, make an arrest, or restrict a persons ability to move freely

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5
Q

Reasonable suspicion

A

SPECIFIC AND ARTICULABLE FACTS that lead a reasonable person to believe that ^ is, was, or is about to commit a crime

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6
Q

Probable cause

A

trustworthy facts and circumstances sufficient to convince a person of reasonable caution to believe that it is more likely then not that:
A specific item will be found, in the case of a search
The person has committed the crime, in the case of arrest

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7
Q

collective knowledge

A

knowledge of one is knowledge of all

-information from other police officers

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8
Q

search incident to arrest

A

for weapons/ evidence of the crime for which ^ is arrested.

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9
Q

pat frisk

A

If reasonable suspicion of ^ being armed and dangerous:
outermost clothing
weapons only

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10
Q

2 prongs of source of information

A

veracity: is the source reliable and believable
basis of knowledge: how did the source or witness acquire the information.
*was the knowledge gained through direct, personal, sensory observation

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11
Q

arguable facts to get reasonable suspicion or probable cause
must have a few of them

A 
area of encounter 
reason for encounter 
officer training and experience 
familiarity or lack of familiarity with ^
^ attitude with police 
high crime area
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12
Q

exclusionary rule

A

if probable cause does not exist at the time of arrest, arrest is illegal and evidence will be suppressed

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13
Q

requirements for exclusionary rule

A
  1. government action (police)
  2. standing (violation of his/her constitutional rights)
  3. reasonable expectation of privacy
  4. probable cause (warrant or exception to warrant requirement)
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14
Q

standing

A

someone had something of theirs seized, so they can now have “standing” that their rights were violated due to the exclusionary rule

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15
Q

exclusionary rule exceptions

A
  1. attenuation/purging the taint (unlawful action leads to discovery of evidence
  2. Independent source (evidence comes from 2 sources, 1 legal and 1 not legal, evidence will be ok)
  3. inevitable discovery (found illegally but would have been found legally later
  4. defective warrant (court will likely decide whether violation was substantial and prejudicial
  5. Invalid arrest (evidence found during illegal arrest may be suppressed)
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16
Q

Vehicle exit orders are allowed when..

A
  1. police are warranted in the belief that the safety of the officers or others are threatened
  2. police have reasonable suspicion of criminal activity or
  3. police are conducting a search of the vehicle on other grounds
17
Q

3 things you need for a search

A
  1. warrant
  2. consent
  3. exigent circumstance - right away
18
Q

where you can you arrest a person with a warrant

A

you can go into the persons house, knock and announce

but if they are at a third party’s house you need a search warrant

19
Q

fugitive warrant

A

police may make a warrantless arrest of a fugitive in a public place if the fugitive was charged in an other state with a crime that is punishable by death or imprisonment of up to 1 or more years

20
Q

fresh and continued pursuit, 4 factors

A
  1. you need to have a reasonable basis to believe you are dealing with an arrestable offense
  2. within your jurisdiction
  3. in your presence
  4. original town can take them back as well as other town
21
Q

citizens arrest

A

^ must have IN FACT committed a felony

22
Q

Powers of arrest

A
  1. arrest warrant
  2. felony (in presence, on probable cause)
  3. misdemeanor in presence causing breach of the peace
  4. specific misdemeanors in presence with statutory power of arrest only
  5. Specific misdemeanors with statutory power of arrest on probable cause
23
Q

detentions by merchants

A

a merchant may detain a shoplifting suspect in a reasonable manner and for not more than a reasonable length of time
probable cause for arrest

24
Q

scope of search incident to arrest

A

warrantless search must be done at the same time of arrest

scope of a warrantless search incident to arrest must be within the individuals immediate reach

25
Q

grabbing area factors

A
  • how many officers were involved in arrest
  • how many suspects were present during arrest
  • positioning of police officers in relation to area searched
  • how suspect was restrained prior to arrest
  • in suspects immediate control
  • you cannot move someone and use that area
26
Q

strip search

A
  • last layer of clothing is moved, but not necessarily completely removed, and exposes for view of intimate area
  • probable cause the person has concealed a weapon or evidence of the crime for which they were arrested
27
Q

best practices for strip search

A
  1. private area
  2. no more then 1 additional officer in room
  3. preferably same gender
  4. officer conducting search does not physically touch, but can ask arrestee to physically reposition body
  5. search done in a non humiliating way
  6. FOLLOW POLICY
28
Q

body cavity

A

visual cavity search = no touching
manual cavity search = need search warrant high degree of probable cause, signed by judge
-can the item be safely removed without going in

29
Q

protective sweep

A
  1. permitted if officers posses a reasonable belief based on “specific articulable facts” that third parties on a premise present a danger to officers or.. will destroy evidence that there is probable cause to believe is located there.
  2. looking for people ONLY.. if you see something in plain view its good
  3. only do sweep if you have reasonable belief someone else is there
30
Q

Automobile exception/ Carrol doctrine

A

if there is probable cause to believe that there is evidence from the crime in the vehicle, and the vehicle is stopped or located in a public place, police can search the vehicle without a warrant including the trunk without a warrant

31
Q

police may conduct a warrantless search for people under arrest and any area under their immediate control to prevent

A
  1. escape
  2. harm to the public
  3. destruction or concealment of the crime for which the suspect committed
32
Q

2 factors for consent searches

A
  1. voluntary

2. clearly communicated

33
Q

rules to follow for consent searches

A
  1. an officer may tell a person that if they do not consent, they will apply for a search warrant but ONLY IF the officers have legal justification and probable cause to do so
  2. only a person with actual authority or apparent authority can consent to allow police to search home
  3. Spouses or roommates can consent to common areas NOT where a person has exclusive privacy interest
  4. if a co-occupant objects officers cannot search
  5. scope of consent can be limited
34
Q

plain view seizure

A
  1. were you LAWFULLY PRESENT
  2. discovery is inadvertent (not planned)
  3. immediately apparent evidence
35
Q

Special devices

A

Binoculars and flashlight can be used to illuminate
high powered telescope can only be used for fields, not homes
K9’s can be used with reasonable suspicion

36
Q

2 factors that allow police to make entry on a private dwelling

A
  1. exigent circumstances

2. probable cause

37
Q

3 factors when combined with probable cause that create exigent circumstance

A
  1. a reasonable likelihood of danger to police officers or third party’s absent police action; or
  2. a reasonable likelihood of imminent destruction or removal of evidence; or
  3. a risk of flight by a wanted person
38
Q

Inventories are conducted pursuant to your departments..

A

written policy

39
Q

why inventories

A
  1. safeguard owners property
  2. protect police from accusations of theft
  3. for person inventories, to protect the place of detention from dangerous items

constitutional law (1 decks)

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