Level 2 Flashcards
First Amendment
SPARP
Speech
Press
Assembly
Religion
Petition
Communication of ideas, orally, or written
Speech
Assembly
Time, Place, and Manner matters
Unlawful Assembly
5 or more armed
10 or more armed or not
What form of speech is not protected?
Fighting words
Speech plus
Motor Vehicle Search Incident to Arrest
Weapons
Need for Escape
Evidence of the crime foe which the person is being arrested
Person who cause inconvenience
Resisting arrest
Disorderly Person
What can you do when you have mere suspicion/ hunch?
Observe/ Investigate
What can you do when you have reasonable suspicion?
Stop/ Threshold inquiry
What can you do when you have probable cause?
Arrest/ Search
51%
That level of proof that is more than reasonable suspicion, yet less than proof beyond the reasonable doubt.
Probable Cause
That level of proof that is less than probable cause, but more than mere suspicion
Reasonable Suspicion
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
Probable Cause to Arrest
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.
Probable Cause to Search
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.
Frisk
What is the purpose for a frisk?
For weapons
For a frisk you need specific and articulable facts that this person is ______ and ________
Armed and Dangerous
Aguilar Spinelli Rule
Veracity
Basis of knowledge
Court created rule to remedy violations of 4th amendment rights
Exclusionary rule
To amount to an arrest
ICC
Intent
Communication
Control
Lawful Arrest
PAJ
Probable Cause
Arrestable Offense
Jurisdiction
Are motor vehicle inventories administrative or investigative
Administrative
Motor Vehicle Inventory Search
Lawful Custody of the Motor Vehicle
Written Department Guidelines
Purpose for inventory
Safeguards owners property
Protect police from accusations of theft
Protect the place of detention from dangerous items
Motor Vehicle Exception Search
Probable Cause
Public Way
Scope and Intensity= Entire Vehicle
Who issues search warrants?
Superior Court Judge
District Court Judge
Superior Court Clerk Magistrate
District Court Clerk Magistrate
After a search warrant is issued, how long do you have to conduct the search?
7 days
What is the time for a nighttime search warrant?
10pm-6am
To execute a search warrant you must ____ and ____
Knock and announce and have a warrant in hand
What do you need for a no-knock warrant?
Prior Judicial Authorization
5 Categories of Seizeable Evidence
Contraband
Instrumentalities
Fruits of the crime
Person with a Warrant
Dead Human Body
Area to be searched
Scope
Where you may search within the scope
Intensity
_____ are limited, warrantless searches to conduct a cursory check of a person for people only, not evidence.
Protective Sweep
Reasons for an Exit Order
Officer Safety
Investigation (RS of a crime)
To Conduct a Police Function (Tow, Search)
Community Caretaking Function (Medical Emergency)
Are exit orders automatic at a traffic stop?
No
What crime has to be committed for an exit order?
ANY crime
MOTOR VEHICLE FRISK
The frisk of a vehicle extends to areas where the suspect
Realistically had, has, or will have access to a weapon
SJC relied on ___________ and held that it avoids speculation or second guessing an officer decision for MV stops
(Pre-textual stops)
Authorization test
The use of physical force is a _______ under the 4th amendment
Seizure
Use of force will be held to ________
Reasonable Standard
“Objectively Reasonable”
Neither intended nor likely to cause serious bodily injury or death
Non-Deadly Force
Intended to, or will likely cause death or serious bodily injury
Deadly Force
Miranda Rights
5 REASONS
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
What equals Miranda?
Custody
Interrogation
Direct questioning likely to result in an incriminating response
Interrogation
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
Functional Equivalent
Waiver of Miranda Rights
Voluntary
Intelligent
Knowingly
Significant deprivation of freedom, arrest, significant detention
Custody
Groome Factors - 4 criteria used by the court to determine custody
LIFF
Location
Interview Style
Focus
Freedom to Leave
If a person is on drugs/ alcohol, would not able to waive miranda
What is this called?
Self-induced disability
Right to silence invoked
ALL questioning stops
Unless suspect initiates; or
Unless an attorney is present
MAY question them about other unrelated crimes
Right to counsel invoked
ALL questioning stops
Unless suspect initiates; or
Unless attorney is present
MAY NOT question them about ANY crime.
4 Steps for Propper ID Procedure
- Get a detailed description of the suspect from each witness prior to the ID procedure.
- Read pre-selection instructions to each witness from the card
- Perform a fair ID procedure
- Document what you did
How many hours do you show up/bring back after the commission of the crime?
2 hours
What is the minimum level you need of information you have in order to detain a suspect for a show up?
Reasonable suspicion
Forbids police from implanting criminal ideas in innocent minds and brings about offenses that otherwise would never been perpetrated
Entrapment
