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Constitutional Law > Level 2 > Flashcards

Level 2 Flashcards

1
Q

First Amendment
SPARP

A

Speech
Press
Assembly
Religion
Petition

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2
Q

Communication of ideas, orally, or written

A

Speech

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3
Q

Assembly

A

Time, Place, and Manner matters

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4
Q

Unlawful Assembly

A

5 or more armed
10 or more armed or not

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5
Q

What form of speech is not protected?

A

Fighting words
Speech plus

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6
Q

Motor Vehicle Search Incident to Arrest

A

Weapons

Need for Escape

Evidence of the crime foe which the person is being arrested

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7
Q

Person who cause inconvenience

Resisting arrest

A

Disorderly Person

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8
Q

What can you do when you have mere suspicion/ hunch?

A

Observe/ Investigate

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9
Q

What can you do when you have reasonable suspicion?

A

Stop/ Threshold inquiry

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10
Q

What can you do when you have probable cause?

A

Arrest/ Search

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11
Q

51%
That level of proof that is more than reasonable suspicion, yet less than proof beyond the reasonable doubt.

A

Probable Cause

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12
Q

That level of proof that is less than probable cause, but more than mere suspicion

A

Reasonable Suspicion

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13
Q

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

A

Probable Cause to Arrest

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14
Q

That level of proof based on facts sufficiently strong in themselves to cause a reasonable person to believe sizeable evidence is located in a particular place.

A

Probable Cause to Search

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15
Q

The padding down of the outer clothing of a person, or area under his control, to determine by the sense of the touch, the presence of a weapon. In specific instances, it may include motor vehicles.

A

Frisk

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16
Q

What is the purpose for a frisk?

A

For weapons

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16
Q

For a frisk you need specific and articulable facts that this person is ______ and ________

A

Armed and Dangerous

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17
Q

Aguilar Spinelli Rule

A

Veracity
Basis of knowledge

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17
Q

Court created rule to remedy violations of 4th amendment rights

A

Exclusionary rule

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18
Q

To amount to an arrest
ICC

A

Intent
Communication
Control

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19
Q

Lawful Arrest
PAJ

A

Probable Cause
Arrestable Offense
Jurisdiction

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20
Q

Are motor vehicle inventories administrative or investigative

A

Administrative

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21
Q

Motor Vehicle Inventory Search

A

Lawful Custody of the Motor Vehicle
Written Department Guidelines

22
Q

Purpose for inventory

A

Safeguards owners property

Protect police from accusations of theft

Protect the place of detention from dangerous items

23
Q

Motor Vehicle Exception Search

A

Probable Cause

Public Way

Scope and Intensity= Entire Vehicle

24
Q

Who issues search warrants?

A

Superior Court Judge
District Court Judge
Superior Court Clerk Magistrate
District Court Clerk Magistrate

25
Q

After a search warrant is issued, how long do you have to conduct the search?

A

7 days

26
Q

What is the time for a nighttime search warrant?

A

10pm-6am

27
Q

To execute a search warrant you must ____ and ____

A

Knock and announce and have a warrant in hand

28
Q

What do you need for a no-knock warrant?

A

Prior Judicial Authorization

29
Q

5 Categories of Seizeable Evidence

A

Contraband
Instrumentalities
Fruits of the crime
Person with a Warrant
Dead Human Body

30
Q

Area to be searched

A

Scope

31
Q

Where you may search within the scope

A

Intensity

32
Q

_____ are limited, warrantless searches to conduct a cursory check of a person for people only, not evidence.

A

Protective Sweep

33
Q

Reasons for an Exit Order

A

Officer Safety

Investigation (RS of a crime)

To Conduct a Police Function (Tow, Search)

Community Caretaking Function (Medical Emergency)

34
Q

Are exit orders automatic at a traffic stop?

A

No

35
Q

What crime has to be committed for an exit order?

A

ANY crime

36
Q

MOTOR VEHICLE FRISK

The frisk of a vehicle extends to areas where the suspect

A

Realistically had, has, or will have access to a weapon

37
Q

SJC relied on ___________ and held that it avoids speculation or second guessing an officer decision for MV stops

(Pre-textual stops)

A

Authorization test

38
Q

The use of physical force is a _______ under the 4th amendment

A

Seizure

39
Q

Use of force will be held to ________

A

Reasonable Standard

“Objectively Reasonable”

40
Q

Neither intended nor likely to cause serious bodily injury or death

A

Non-Deadly Force

41
Q

Intended to, or will likely cause death or serious bodily injury

A

Deadly Force

42
Q

Miranda Rights

5 REASONS

A

You have the right to remain silent

Anything you say may and will be used against you in a court of law

You have the right to consult with an attorney before answering any questions and you can have him present during questioning

If you cannot afford a lawyer and you want one, a lawyer will be provided for you by the commonwealth without cost to you

You may stop questioning at any time

43
Q

What equals Miranda?

A

Custody
Interrogation

44
Q

Direct questioning likely to result in an incriminating response

A

Interrogation

45
Q

Interrogation can occur when police use any words or actions, which they know, or should be reasonably aware, are likely to elicit an incriminating response

A

Functional Equivalent

46
Q

Waiver of Miranda Rights

A

Voluntary
Intelligent
Knowingly

47
Q

Significant deprivation of freedom, arrest, significant detention

A

Custody

48
Q

Groome Factors - 4 criteria used by the court to determine custody

LIFF

A

Location

Interview Style

Focus

Freedom to Leave

49
Q

If a person is on drugs/ alcohol, would not able to waive miranda
What is this called?

A

Self-induced disability

50
Q

Right to silence invoked

A

ALL questioning stops
Unless suspect initiates; or
Unless an attorney is present
MAY question them about other unrelated crimes

51
Q

Right to counsel invoked

A

ALL questioning stops
Unless suspect initiates; or
Unless attorney is present
MAY NOT question them about ANY crime.

52
Q

4 Steps for Propper ID Procedure

A
  1. Get a detailed description of the suspect from each witness prior to the ID procedure.
  2. Read pre-selection instructions to each witness from the card
  3. Perform a fair ID procedure
  4. Document what you did
53
Q

How many hours do you show up/bring back after the commission of the crime?

A

2 hours

54
Q

What is the minimum level you need of information you have in order to detain a suspect for a show up?

A

Reasonable suspicion

55
Q

Forbids police from implanting criminal ideas in innocent minds and brings about offenses that otherwise would never been perpetrated

A

Entrapment

Constitutional Law (9 decks)

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