Notes

Question 1

What is symbolic speech?

Answer 1

Nonverbal, non-written forms of communication; ex. flag burning, wearing armbands and burning of draft cards.

Question 2

What is considered a true threat?

Answer 2

A statement intended to scare or intimidate one or more specificindividuals into believing they will suffer grave harm at the hands of the speaker or someone working on their behalf.

Question 3

What is considered ‘fighting words’?

Answer 3

Words meant to incite violence such that they may not be protected as free speech under the First Amendment.

Question 4

What is the meaning behind inciting?

Answer 4

Provoking or stirring up someone to commit a criminal act, or the criminal act itself.

Question 5

What does it mean to exercise the First Amendment?

Answer 5

To practice or express their rights as citizens through freedom of speech, press, religion, and assembly.

Question 6

Is obscenity protected speech?

Answer 6

No, it is not protected speech.

Question 7

What usually stands as an exception in these cases, unless departments have specifications against it?

Answer 7

“Hot pursuit”.

Question 8

What are a few methods and abilities of executing a seize? What constitutes a seize?

Answer 8

Traffic, investigative detention, arrest, serving arrest warrant/search warrant, mental health commitment, handcuff/detainment, or show of force/weapon usage; ex. gun point, pepper spray, pit maneuver, etc.

Question 9

Subject matter asks…?

Answer 9

“What is the crimes?”

Question 10

What is geographical jurisdiction?

Answer 10

The territory in which you can execute your duties.

Question 11

What is the city’s jurisdiction?

Answer 11

City + 1 mile, park + 1 mile.

Question 12

What is the sheriff offices’ jurisdiction?

Answer 12

County (cities).

Question 13

What is the state’s jurisdiction?

Answer 13

All state + county + city.

Question 14

To get to a trial, you need…?

Answer 14

Beyond a reasonable suspicion.

Question 15

What’s the short term for the 4th Amendment and what does it constitute?

Answer 15

Secures your person/effects+

Question 16

What’s the short term for the 5th Amendment and what does it constitute?

Answer 16

Witness against him/herself (Miranda v. Arizona)

Question 17

An investigative detention requires what?

Answer 17

RAS, which is reasonable articulable suspicion.

Question 18

Does a voluntary encounter require suspicion?

Answer 18

No, it does not; you can definitely ask questions though.

Question 19

What an example of jurisdiction that Secret Service is over?

Answer 19

Counterfeit situations.

Question 20

Can hot pursuits exceed a specific jurisdiction?

Answer 20

Yes, unless the department have strict rules against it.

Question 21

What gives permission to search incident to arrest?

Answer 21

Officer safety and evidence of crime.

Question 22

What is a CRI?

Answer 22

A snitch that gets paid to rat the criminals out.

Question 23

What does it mean to corroborate?

Answer 23

Confirm through a different source.

Question 24

What is an affidavit?

Answer 24

A sworn statement that details probable cause; covers the search warrant necessity.

Question 25

What is TVI?

Answer 25

Tactical vehicle intervention.

Question 26

What has the lowest expectation of privacy out of effects?

Answer 26

The vehicle.

Question 27

What has higher expectation than both your person and vehicle?

Answer 27

The house.

Question 28

What is a search (4th Amendment)?

Answer 28

A physical intrusion into a protected space.

Question 29

Can looking with your eyes/plain view warrant a search?

Answer 29

Yes, it may be required if not given permission by whomever is in question.

Question 30

A person does not have reasonable expectation of privacy to a search.

Answer 30

No, a person does have reasonable expectation of privacy to a search.

Question 31

What is the “Carroll Doctrine”?

Answer 31

A warrant exception that gives officers the permission to search the vehicle if the vehicle gives PC for the vehicle because the vehicle is mobile on a public roadway

Question 32

(T/F) The “Carroll Doctrine” does not include a well trained K9 for/to evidence.

Answer 32

False, the “Carrol Doctrine” does include a well trained K9 for/to evidence.

Question 33

What is the First Amendment to the U.S. Constitution?

Answer 33

The First Amendment guarantees freedom of speech, religion, press, assembly, and petition.

Question 34

What is the Second Amendment to the U.S. Constitution?

Answer 34

The Second Amendment guarantees the right to keep and bear arms.

Question 35

What is the Fourth Amendment to the U.S. Constitution?

Answer 35

The Fourth Amendment protects individuals from unreasonable searches and seizures.

Question 36

What is the Fifth Amendment to the U.S. Constitution?

Answer 36

The Fifth Amendment protects individuals from self-incrimination and double jeopardy.

Question 37

What is the Sixth Amendment to the U.S. Constitution?

Answer 37

The Sixth Amendment guarantees the right to a speedy trial, a public trial, the right to counsel, the right to confront witnesses, and the right to a jury trial.

Question 38

What is the Miranda Warning?

Answer 38

A warning given by police to criminal suspects in police custody before they are interrogated to inform them of their constitutional rights.

Question 39

What is the difference between an interrogation and an interview?

Answer 39

An interrogation is a formal questioning session where the police try to get information that could be used against the person. An interview, on the other hand, is a more casual conversation that is also meant to gather information.

Question 40

What is the public safety exception to Miranda?

Answer 40

A legal exception to the Miranda rule that allows police to question a suspect without providing Miranda warnings if there is an immediate threat to public safety.

Question 41

What is the role of a grand jury?

Answer 41

A grand jury is a group of citizens who determine whether there is enough evidence to indict a person for a crime.

Question 42

Under what circumstances might a confession be deemed involuntary?

Answer 42

if it was obtained through coercive police tactics or if the suspect was unduly influenced or coerced.

Question 43

What is the Manabb/Mallory rule?

Answer 43

The Mallory Rule states that a confession is inadmissible if obtained during an unreasonably long period of detention between arrest and initial court appearance.

Question 44

What are the two primary requirements for a valid statement or confession?

Answer 44

A statement or confession must be both free and voluntary.

Question 45

What are the key factors considered when determining the voluntariness of a confession?

Answer 45

The pressures exerted by the police, the suspect’s degree of susceptibility, and the conditions under which the interrogation took place.

Question 46

What is the Exclusionary Rule, and how does it relate to illegally obtained confessions?

Answer 46

The Exclusionary Rule prohibits the use of illegally obtained evidence, including coerced confessions, in court.

Question 47

What is custodial interrogation?

Answer 47

Custodial interrogation occurs when a suspect is deprived of their freedom in a significant way and is subjected to questioning by law enforcement.