Constitutional Law Flashcards
What do you need for a Motor Vehicle Inventory Search?
- Lawful custody of a motor vehicle
- Written Department Guidelines
Motor Vehicle Exception Search (2 Criteria)
1 .Probable Cause
and
- Public Way
The area around the dwelling that is normally associated with domestic use. Immediate area surrounding a home, not including sidewalk
Curtilage
1st Amendment (SPAR)
Freedom of
-Speech
-Press
-Assembly
-Religion
What regulates assembly by the Government?
Time, Place, Manner
Exit Order (Four criteria)
- Officer Safety
- Reasonable Suspicion of a Crime
- Police function (search, tow, etc.)
- Community Caretaking Function (concern for drivers well being, medical emergency)
Categories of Sizable Evidence
- Contraband
- Instrumentalities
- Fruits of the crime
- Living person on whom there is outstanding arrest warrant
- Dead human body
Three Components to Arrest
Intent, Communication, Control
Three Components to Lawful Arrest
Probable Cause, Arrestable Offence, Jurisdiction
Sources of Information (Aguilar - Spinelli Two Prong Test)
- Veracity
- Basis of Knowledge
Reliable Sources (4 Components)
- Known Victim
- Named and Identifiable Witness
- Other Police Officer
- Person with a good Track Record (Confidential Informant)
Consent (Three Components)
Voluntary
Intelligent
Knowingly
Exceptions to Warrantless Arrest Inside a Private Dwelling
- Fresh & Continuous Pursuit
- Exigent Circumstances
Plain View (Three Requirements)
- Lawful Presence
- Inadvertence
- Sizable Evidence
Staircase to Stop/Arrest (Top to Bottom)
Beyond a Reasonable Doubt —-> Guilty in court conviction
Probable Cause —-> Arrest/Search
Reasonable Suspicion —-> Stop/Threshold Inquiry
Mere Suspicion —-> Observe/Investigate
Must have reasonable suspicion based on _________________________ that a person is ________________________________.
Specific and articulable facts; armed and dangerous
Speech not protected by the first amendment
- Fighting words
- Speech Plus
