Level 1 Flashcards
What is Arrest?
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.
What is a Crime?
An act committed or omitted in violation of public law, either forbidding or commanding it to be done.
What is a Felony?
Any crime punishable by death or imprisonment in the state prison.
What is a Misdemeanor?
Any crime less than a felony.
What is Probable Cause?
That level of proof that is more than reasonable suspicion, yet less than proof beyond a reasonable doubt.
What is Probable Cause to Arrest?
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.
What is Probable Cause to Search?
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.
What is a Search?
Implies a quest or examination. A prying into hidden places for that which is concealed.
What is Seizure?
A forceful taking or dispossession of property of another, not accompanied by a search.
What is a Frisk?
The patting down of the OUTER clothing of a person, or area under control, to determine by sense of touch, the presence of a weapon. WEAPON = FRISK
What is Reasonable Suspicion?
That level of proof that is less than probable cause but more than mere suspicion. (Means you can stop someone – the legal threshold)
What is Unlawful Design?
That a suspect has committed, is committing, or is about to commit a crime.
SPAR
Speech, Press, Assembly, Religion
Speech
Can be oral, written, social media, pictures, etc.
Speech NOT protected
i. Fighting Words: inflict injury, tend to incite immediate breach of peace
ii. Speech Plus: incite immediate criminal activity (riot)
Unlawful Assembly
i. 5 or more people armed
ii. 10 or more people armed or not
iii. AND unlawfully, riotously, or tumultuously assembled
How can Assembly be regulated
Time, Place, Manner
4th Amendment
Prohibits unreasonable searches and seizures by government
a. Persons, houses, papers, effects (reasonable expectation of privacy
Levels of Proof (Staircase)
a. Proof Beyond a Reasonable Doubt → Guilty in Court Conviction
b. Probable Cause: → Arrest/Search
c. Reasonable Suspicion → Stop/Threshold Inquiry
d. Mere Suspicion → Observe/Investigate/Voluntary Encounter
Reasonable Suspicion
“specific and articulable facts” which, when taken together, would convince a person of reasonable caution to believe that a person has committed, is committing, or is about to commit a crime (unlawful design).
a. The minimum level to stop/detain someone (i.e. SEIZE someone)
Seizure
when police take possession of property, make an arrest, or restrict a person’s ability to move freely. (NEED Reasonable Suspicion to SEIZE someone)
Major difference between RS and PC
The DEGREE OF CERTAINTY
The Collective Knowledge Doctrine
The knowledge of one is the knowledge of all
Voluntary Encounter
Can approach citizens to talk/ask questions as long as THEY feel they are free to leave; cannot compel cooperation, or seize a person without justification