Constitutional Law Flashcards
1st Amendment
Freedom of Speech, Press, Assembly, Religion (SPAR)
4th Amendment
Prohibits Unreasonable searches and seizures by the government
Arrest
seizures that initiate criminal prosecution. deprives a person of liberty and freedom of movement. probable cause required.
Crime
an action or omission that constitutes an offense that may be prosecuted by the state and is punishable by law
Felony
Any offense punishable by a state prison sentence or death
Misdemeanor
Any Crime less than a felony
Probable Cause
Level of proof that is more than reasonable suspicion, yet less than proof beyond a reasonable doubt.
Investigation
Gathering information, questioning.
Search
Physical invasions or intrusions of privacy by police on people, homes, or personal property to obtain information or gather evidence.
Seizure
when police take possession of property, make an arrest, or restrict a person’s ability to move freely
Frisk
A limited search of outer clothing and other areas in person’s immediate control for weapons and not evidence.
Reasonable Suspicion
Less than probable cause, but more than a hunch and the legal standard that applies to temporary investigative stops or detentions that do not amount to an arrest.
Unlawful Design
That the individual has committed, is committing, or is about to commit a crime.
Veracity
Whether the source is reliable or believable
Limits on Freedom of Speech (1st Amendment)
Obscenity, Fighting Words, Threats, Incendiary Speech
Unlawful Assembly
-5 or more Armed
-10 or more armed or not
-unlawfully, riotously, or tumultuously assembled
-may be arrested if they do not disperse upon command of the police
-Supervisor will read the command
What can you do with mere suspicion?
Observe, Follow, voluntary encounter
What can you do with Reasonable Suspicion?
Stop / Threshold Inquiry
What Can you do with Probable Cause?
Arrest / Search
Beyond a reasonable doubt?
Guilty in a court conviction. Not determined by Police Officers.
