Constitutional Law Exam 3 Flashcards
What is a Frisk
Specific and Articulated Facts that a person is Armed and Dangerous
What is a Vehicle Frisk
Frisk of a vehicle based of Specific and Articulated Facts that a person if armed and dangerous
Must NOT BE A SEARCH
Should be in the SCOPE of a person, ex where they can reach,
Frisk can turn into a search if you establish PC by PLAIN VIEW
What is Plain View
- Lawful Presence
- Inadvertence
- Seizure of Evidence
LIS
What is an Inventory Search
Administrative Search that does not require suspicion
the point of the search is to Protect
1. Property
2. Accusations of theft
3. Dangerous Items
PAD
What is Curtilage
Area around a house that has a reasonable expectation of privacy
1. Distance from Dwelling 75 Feet
2. Is Area surrounded by a barrier (Fence or a Wall)
3. Is Area for Domestic Purposes (Patio, bench)
4. Did the resident protect the area from view
When can a Citizen perform a Citizens Arrest
In Presence of a FELONY
Can a Merchant detain a shoplifter
Yes, MGL 231 94B
Merchant can detain in a reasonable manner
MGL 266 30A
There will be enough PC to Arrest based off merchants statements
What is a Lawful ARREST
- Probable Cause
- Arrestable Offense
- Jurisdiction
If PC goes away, Release and Document
PAJ
What are the Jurisdiction Exceptions
- Mutual Aid Agreements
- Officer in Charge AID
- Transferred Authority
- Fresh and Continuous Pursuit
- Citizens Arrest
- Arrest Warrant
What is the Distance that BPD has authority in Brockton and Newton
500 Yards
What are the Duties after an Arrest
1.Jenkins hearing (24 hours from court to establish PC)
2. True Grounds of Arrest
3. Examination of injuries
4. Telephone (Within 1 Hour of arriving to Station)
5. OUI- Physician at expense
6. If Juvenile, contact Parent/ guardian and Probation Office
What is the Aguilar Spinelli Rule
- Veracity (How true the knowledge given is/ reliability)
- Basis of Knowledge (What Information if given)
What is considered a Search of a Cellphone
- Pinging of a Cellphone
- Answering a Search
What is the Collective Knowledge Doctrine
Knowledge of One Officer is the Knowledge of All Officers
When is there no expectation privacy
- Property of Abandoned, or discarded, or left in plain view
- OPEN FIELD, part of a property that surrounds a dwelling and not part of Curtilage
- “No Trespassing,” signs do not prevent evidence seized in plain view
What is a Warrantless Search
- Consent (Can be taken away at any time, must stop search)
- Abandonment
- Plain View
- Incident to Lawful Arrest
- Booking Search
- Exigent Emergency Circumstances
What is a Consent Search
Waiver of 4th Amendment Rights
Must be Voluntary, and clearly communicated
Who has authority to give consent
Peron of ACTUAL AUTHORITY
1. Person who lives in home/ shared rights (their property alone)
2. Person Following a written Contract(Landlord can’t force you)
What is Apparent Authority
Officer has a Reasonable Belief that a person had actual authority to make a Diligent Inquiry
What is the Scope of Consent
- Duration, location # of Officers
- Use Reasonable expectation to judge scope
- consent can be revoked whenever
Can Officers ask for consent to search during a traffic stop, (No specific and articulated facts of being armed and dangerous)
NO
Must have a Search Warrant
What are the Exceptions to a Warrantless Search
- Exigent Circumstances
- Fresh Continuous Pursuit
What id MGL 276, search into incident to Lawful Arrest
- Weapons
- means of escape
- evidence of crime
Searches after an arrest
- Strip Search
- Body Cavity- Issued by Judge only (Search Warrant)
