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CONSTITUTIONAL LAW Flashcards

1
Q

What is the definition of Arrest?

A

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.

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2
Q

Define Crime.

A

An act committed or omitted in violation of public law, either forbidding or commanding it to be done.

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3
Q

What is a Felony?

A

Any crime punishable by death or imprisonment in the state prison.

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4
Q

Define Misdemeanor.

A

Any crime less than a felony.

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5
Q

What is Probable Cause?

A

That level of proof that is more than reasonable suspicion, yet less than proof beyond a reasonable doubt.

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6
Q

What is Probable Cause to Arrest?

A

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.

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7
Q

What does Probable Cause to Search imply?

A

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.

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8
Q

Define Search.

A

Implies a quest or examination, a prying into hidden places for that which is concealed.

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9
Q

What is Seizure?

A

A forceful taking or dispossession of property of another, not accompanied by a search.

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10
Q

What does Frisk mean?

A

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.

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11
Q

True or False: Reasonable Suspicion is that level of proof that is less than probable cause but more than mere suspicion.

A

True

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12
Q

What is Unlawful Design?

A

That a suspect has committed, is committing, or is about to commit a crime.

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13
Q

What is Statutory Law?

A

Law effected by legislative enactments.

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14
Q

Define Case Law.

A

The law as established from previous decisions made in past court cases.

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15
Q

What does SPAR stand for in the context of the 1st Amendment?

A

Speech, Press, Assembly, Religion.

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16
Q

What forms can Speech take?

A
  • Oral
  • Written
  • Social media
  • Pictures
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17
Q

What are Fighting Words?

A

Words that inflict injury or tend to incite an immediate breach of peace.

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18
Q

What is an Unlawful Assembly?

A

Assembly of 5 or more people armed or 10 or more people armed or not, unlawfully, riotously, or tumultuously assembled.

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19
Q

How can Assembly be regulated?

A
  • Time
  • Place
  • Manner
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20
Q

What constitutes Disturbing the Peace?

A

Acts that most people find to be unreasonably disruptive, infringing on someone’s right not to be disturbed.

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21
Q

What defines a Disorderly Person?

A

Persons who cause public inconvenience, annoyance, or alarm, occurring in officer’s presence and on a public way.

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22
Q

What is Resisting Arrest?

A

Knowingly preventing or attempting to prevent an officer from effecting an arrest.

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23
Q

What are the elements of Interfering with a Police Officer?

A
  • Officer engaged in lawful performance of duty
  • Individual performed an act that obstructed or hindered the officer
  • Individual was aware of the officer’s duties
  • Individual intended to obstruct or hinder the officer
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24
Q

What does the 5th Amendment protect against?

A

Double jeopardy and self-incrimination.

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25
What does the 6th Amendment require?
All persons charged with a crime to be informed of charges against them and have a right to counsel and speedy public trial by an impartial jury.
26
What are Common Civil Lawsuits related to police?
* False arrest * Use of force * Malicious prosecution * Failure to stop unlawful actions by another police officer
27
What does the 4th Amendment prohibit?
Unreasonable searches and seizures by government.
28
List the Levels of Proof.
* Proof Beyond a Reasonable Doubt * Probable Cause * Reasonable Suspicion * Mere Suspicion
29
What is the minimum level to stop/detain someone?
Reasonable Suspicion.
30
What is the definition of Seizure?
When police take possession of property, make an arrest, or restrict a person’s ability to move freely.
31
What factors can contribute to Reasonable Suspicion?
* High Crime area * Matches the description of suspect * In the area of recently committed crime * Criminal record/reputation/gang affiliation * Apprehension at the sight of police * Evasive Answers * Flight from police * Unusual Behavior * Time of day * Furtive gestures
32
What factors alone do NOT constitute Reasonable Suspicion?
* Known Drug Dealer * Person with criminal record * Hiding from police * Youthful appearance in expensive vehicle * Mere flight from police * Mere presence in high crime area * Report of a firearm (must be a plus factor)
33
What is the major difference between Reasonable Suspicion and Probable Cause?
The degree of certainty.
34
What is the Collective Knowledge Doctrine?
The knowledge of one is the knowledge of all.
35
What is a Voluntary Encounter?
Police can approach citizens to talk/ask questions as long as they feel free to leave.
36
What is a Threshold Inquiry?
Also known as 'Investigative Stop' – requires Reasonable Suspicion.
37
What is the permissible amount of time for a threshold inquiry?
A reasonable amount of time.
38
When does the stop start?
When the pursuit begins.
39
What constitutes a Violation of Municipal Law or Traffic infraction?
It is enough to justify a threshold inquiry.
40
What is the Exclusionary Rule?
Created to remedy violations of the 4th amendment; evidence obtained after an unlawful stop will be thrown out in court.
41
What is the required scope of a Frisk?
Pat down of outer clothing or area under control to feel for a weapon.
42
What is a Stop & Frisk?
Must have Reasonable Suspicion based on 'specific and articulable facts' that a person is armed and dangerous.
43
What is the scope of a Motor Vehicle Frisk?
Extends to areas where the suspect realistically had, has, or will have access to a weapon.
44
What is required for a K-9 sniff request?
Minimum of Reasonable Suspicion; not for routine traffic stops.
45
What is the most intrusive type of seizure?
Arrest; requires Probable Cause.
46
What must be checked immediately prior to an Arrest Warrant?
Check validity.
47
What are the two types of warrants?
* Straight Warrant * Default Warrant
48
What is a Fugitive Warrant?
Need to check if other state/jurisdiction will extradite before arrest.
49
What constitutes Probable Cause for an arrest without a warrant?
A merchant or merchant employee's statement alleging a suspect has committed a shoplifting offense.
50
What does ICC stand for in the context of Arrest?
* Intent * Communication * Control
51
What is a Jenkins Hearing?
Probable cause hearing within 24 hours of arrest.
52
What are the requirements for a Lawful Arrest?
* Probable Cause * Arrestable Offense * Jurisdiction
53
What happens if additional facts change Probable Cause?
Must release forthwith and document.
54
What is the requirement for a phone call after arrival at the station?
Must occur within 1 hour; cannot withhold this right.
55
What is the Aguilar-Spinelli test?
A two-prong test of reliability and basis of knowledge.
56
What are the Reliable Sources for information?
* Known victim * Known witness * Other Police Officer * Declaration against penal interest * Good track record
57
What does CAB PIE stand for in Warrantless Searches?
* Consent * Abandonment * Booking Search * Incident to Lawful Arrest * Exigent Circumstances
58
What are the requirements for Consent to be valid?
* Voluntary * Intelligent * Knowingly
59
What must officers do if consent is revoked?
Stop searching immediately.
60
Can officers ask for consent to search during a traffic stop for MV infraction?
No.
61
What are the exceptions to warrantless arrest in a private dwelling?
* Fresh & continuous pursuit * Exigent Circumstances
62
What is Abandonment in legal terms?
Items discarded during pursuit by police as long as police had Reasonable Suspicion to conduct the stop.
63
What does Plainview require?
* Lawful Presence * Inadvertence * Seizable Evidence
64
What is the purpose of a Search Incident to Lawful Arrest?
* Weapons * Avoid arrest or effect escape * Evidence of the crime for which the arrest is made
65
What is the purpose of a Booking Search/Inventory?
* Protect owner’s property * Prevent false claims * Prevent suicide * Aid in identification * Community caretaker function
66
What are the conditions for Strip Searches?
* Based on Probable Cause * Determined by Duty Supervisor * Must be done reasonably
67
What is required for a Body Cavity Search?
* Based on high degree of Probable Cause * Search warrant issued by a judge * Conducted by a qualified medical professional
68
What are the three major Motor Vehicle Searches?
* Motor Vehicle Search Incident to Lawful Arrest * Motor Vehicle Inventory Search * Motor Vehicle Exception Search
69
What is the scope of a Motor Vehicle Search Incident to Lawful Arrest?
Area within 'grabbing area'; NOT the trunk.
70
What is required for a Motor Vehicle Inventory Search?
Need lawful custody of MV & written department guidelines.
71
What is the scope and intensity of a Motor Vehicle Exception Search?
Entire vehicle; requires Probable Cause and vehicle on public way.
72
What is Curtilage?
Area around the dwelling that a person has a reasonable expectation of privacy.
73
What happens to expectation of privacy with Abandonment?
Lose expectation of privacy.
74
What is the legal status of Open Field?
Has no expectation of privacy.
75
What is considered Abandoned Property?
House that is discarded or relinquished by owner; no expectation of privacy.
76
What role does view play in someone’s curtilage?
If trash barrel is out on the curb for pick up, do NOT need search warrant ## Footnote If trash barrel is next to the house, then a search warrant would be needed.
77
What happens to expectation of privacy when property is abandoned?
Lose expectation of privacy ## Footnote This applies to abandoned property like boarded-up houses.
78
What is the expectation of privacy in open fields?
Has no expectation of privacy
79
What constitutes abandoned property?
Property discarded or relinquished by owner ## Footnote No expectation of privacy - do not need search warrant.
80
What is required when executing a search warrant?
Need to have search warrant IN HAND
81
Can you automatically search all persons present when executing a search warrant?
No, box needs to be checked on search warrant
82
What must be checked off by a judge for a no-knock warrant?
NEED PRIOR JUDICIAL AUTHORIZATION from JUDGE
83
Who can issue a search warrant?
Judge or clerk of court
84
What is required for a body cavity search?
High level of PC, signed by JUDGE, conducted by experienced medical professional
85
What is the time frame for executing a nighttime search warrant?
10pm to 6am, need prior judicial authorization
86
How long do you have to conduct a search after a search warrant is issued?
7 days
87
What are the categories of seizable evidence?
* Contraband (drugs) * Instrumentalities (knife used in crime) * Fruits (jewelry) * Mere Evidence (ski-mask) * Living person with a warrant * Dead Human body
88
What is a protective sweep?
Warrantless cursory search for people ## Footnote Not for evidence, only places someone could hide.
89
What is needed to arrest someone at their own house?
Only arrest warrant for suspect
90
What is needed to arrest someone at a 3rd party dwelling?
Need search warrant and the arrest warrant
91
Is there a set time for how long you must wait after knocking and announcing?
No set time
92
What must a judge issue for a no-knock warrant?
Only for weapons, officer’s safety, evidence may be destroyed
93
When does the search end once the item on the search warrant is discovered?
The search ends, but if for drugs, won't stop when finding 1 bag of drugs
94
What is required for a strip search?
* Based on PC * Determined by the Duty Supervisor * Must be done reasonably
95
What is required for a body cavity search?
* Based on high degree of PC * Search warrant issued by a JUDGE * Conducted by a qualified medical professional
96
Can you make a traffic stop for reasonable suspicion of a crime without a C.90 violation?
Yes
97
What are the four reasons for exit orders?
* Officer’s safety * RS of a crime * Police Function * Community Caretaker Function
98
What is required for a motor vehicle frisk?
Articulable facts that the person is armed and dangerous

Level 1 (3 decks)

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