The Constitution and Law Enforcement

Question 1

Prior to the revolution, the British authorities relied extensively on ______ ______ and _______ ___ ______

Answer 1

General warrants and Writs of assistance
( The warrants allowed British officials to almost indiscriminately violate the privacy of the colonists)

Question 2

The right of the people to be secure in their persons, houses, papers and effects, against unreasonable search and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by the Oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized. What Amendment is this ?

Answer 2

4th Amendment

Question 3

In all criminal prosecutions, 1) the accused shall enjoy the right to a speedy and 2) public trial, 3) by an impartial jury 4) of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and 5) to be informed of the nature and cause of the accusation, 6) to be confronted with the witnesses against him, 7) to have compulsory process for obtaining witnesses in his favor and 8) to have the assistance of defense counsel. This is what Amendment is that ?

Answer 3

6th Amendment

Question 4

Excessive bail shall not be required, nor excessive fines imposed, no cruel and unusual punishments inflicted. What amendment is that ?

Answer 4

8th Amendment

Question 5

1)No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment on indictment of a Grand Jury, except in cases arising in the land or naval forces or in the Militia, when an actual service in time of War or public danger. 2) nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; 3) nor shall he be compelled in any criminal case to be a witness against himself; 4) nor be deprived of life, liberty or property, without due process of law 5) nor shall private property be taken for public use without just compensation. This is what Amendment is that ?

Answer 5

5th Amendment

Question 5

Our constitution stood for the radical propositions that laws are more important than the ______ ______ who enforce them

Answer 5

Government Officials
( Constitution tried to minimize the potential of those who govern to abuse their power)

Question 5

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. This is What Amendment ?

Answer 5

1st Amendment

Question 5

All persons born or naturalized in the United Sates, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty or property, without due process or law; nor deny to any person within it jurisdiction the equal protection of the laws. This is what Amendment ?

Answer 5

14th Amendment

Question 5

Police officers, as societal agents of law and order, are _______ when they engage in activities that intrude on the privacy of citizens

Answer 5

Limited
( The most intrusive Police authority is the power to search, seize, interrogate and identify. That is why the Constitution limits these activities)

Question 5

Police officers are governed by the Federal constitution and by the ______________ _________ __ ________

Answer 5

Massachusetts Declaration of Rights
(In particular, two important state provisions impact police behavior in Massachusetts Article 14 and Article 12)

Question 5

Our State constitution may never hold officers to a lesser standard then the federal constitution but it may be more ________ in how they must investigate

Answer 5

Restrictive
( Federal constitution is the floor Massachusetts Standards are the ceiling. When their is a difference officers are advised to follow Massachusetts rule )

Question 6

No subject shall be held to answer for any crimes or offense, until the same is fully and plainly, substantially and formally, described to him; or be compelled to accuse, or furnish evidence against himself. And every subject shall have a right to produce all proofs that may be favorable to him; to meet the witnesses against him face to face, and to be fully heard in his defense by himself, or his counsel, at his election. And no subject shall be arrested, imprisoned, despoiled, or deprived of his property, immunities, or privileges, put out of the protection of the law, exiled, or deprived of his life, liberty or estate, but by the judgment of his peers, or the law of the land. And the legislature shall not make any law that shall subject any person to a capital or infamous punishment, expecting for the government of the army and navy, without trial by jury. What article is this ?

Answer 6

Article 12

Question 7

Every subject has a right to be secure from all unreasonable searches, and seizures, of his person, his house, his paper, and all his possessions. All warrants, thereof, are contrary to his right, if the cause or foundation of them be not previously supported by Oath or affirmation, and if the order in the warrant to a civil officer, to make search in suspected places or to arrest one or more suspected persons, or to seize their property, be not accompanied with a special designation of the person or objects of search, arrest, or seizure; and no warrant ought to be issued but in cases, and with the formalities prescribed by law. What article is this ?

Answer 7

Article 14

Question 8

It was not until 1961, in the case of Mapp v, Ohio, that the Supreme Court made the ________ _______ binding on state law enforcement.

Answer 8

Exclusionary Rule

Question 9

The exclusionary rule remains _________.

Answer 9

Controversial
(Advocates say that it deters police misconduct while opponents insist it lets the guilty go free )

Question 10

The fact that an officers conduct produces evidence may never, by itself, justify an ________ search or seizure,

Answer 10

Improper

Question 11

The exclusionary rule is particularly unforgiving because, with few exceptions, it bars evidence obtained after the ______ _______

Answer 11

Initial mistake
(The metaphor, fruit of the poisonous tree, means that the initial police misconduct can only produce evidence that was obtained as the result of the misconduct, which is why that evidence is barred from trial)

Question 12

The attenuation doctrine, the independent source rule, inevitable discovery and collateral proceedings are four situations where the _______ ________ does not apply.

Answer 12

Exclusionary rule

Question 13

The Attenuation doctrine applies when a court decides that police obtained evidence as a _________ ________ of their illegal detention or arrest.

Answer 13

indirect result
( In other words, the discovery of evidence was “attenuated” or separated from the initial, improper police action )

Question 14

The defendant validly waived his Miranda rights a full three hours after his improper arrest. This evidence was attenuated by ______ _____

Answer 14

Time Delay
(The SJC was reluctant to punish the police in a situation where officers had taken the time to obtain a warrant and the magistrate had improperly issued it)

Question 15

When police improperly engage in a warrantless arrest of a suspect in his home, statements made inside his home are inadmissible. How ever, statements acquired outside his house are admissible if the underlying arrest was supported by probable cause. This is attenuated by ________ _______

Answer 15

Separate location
(Since the police would have been authorized to arrest the suspect when he came outside anyway, their later acquisition of statements is unconnected to improper entry. On the other hand physical evidence WILL be suppressed whether obtained inside or outside the home. The court views evidence possessed at the time improper arrest no mater found inside or outside as exclusionary )

Question 16

A fire arm was not suppressed because it was not really related to the initial stop, An __________ ________ occurred that was attenuated from the initial stop.

Answer 16

Intervening Event

(Lt Hussey. Bad Car stop, when party was allowed to make a phone he was found back in his car with a fire arm on his lap. Fire arm was allowed because party returned to car voluntarily and the car was attenuated from initial bad stop)

Question 17

The _______ ________ rule recognizes that officers should not be penalized for the unconstitutional activity when the evidence also came from another, legitimate source.

Answer 17

Independent Source
(Ex: Federal agency obtained an invalid search warrant and raided a pharmacy. At the same time a state investigator was properly running his investigation. SJC said it did not make sense to exclude evidence that he was about to lawfully acquire)

Question 18

Under _______ ________ , the issue is whether unlawfully found evidence would have eventually been discovered lawfully

Answer 18

Inevitable discovery

Question 19

Whether the evidence would, as a practical matter, have been found legally and the character of the police misconduct that uncovered the evidence in the first place is the issues a court focuses on with ________ _______

Answer 19

Inevitable discovery
(example: Comm vs O’Connor drugs were found during an initial pat frisk for weapons while placing a party in protective custody. Even though no search for drugs was legal it would have been found during booking process)

Question 20

Evidence seized in violation of a ________ ______ requirement will not be admitted even if its later discovery was inevitable

Answer 20

Search warrant
( The SJC view the warrant requirement too important to dissolve on this basis )

Question 21

The exclusionary rule prevents police from using illegally obtained evidence to prove their case at a trial, but it does not eliminate that evidence for all purposes. These are called _______ ________

Answer 21

Collateral proceedings

Question 22

The illegally obtained evidence can be used to ________ a defendants false testimony

Answer 22

Impeach
(When a lawyer challenged the credibility of a witness by presenting evidence that the witness previously told a different story)

Question 23

The illegally obtained evidence can be used to ______ a defendants probation or parole

Answer 23

Revoke

Question 24

The illegally obtained evidence can be used to ______ children from the custody of their unfit parents

Answer 24

Remove

Question 25

The illegally obtained evidence can be used to _________ or _______ a public employee

Answer 25

discharge or discipline
(Evidence cannot be used when the investigators are employed by the same municipality)

Question 26

The illegally obtained evidence can be used to _______ a civil case

Answer 26

Prove
(example: Illegally obtained evidence may be admissible in a civil action for the collection of federal taxes)

Question 27

Treat all citizens fairly without discrimination
Only infringe on citizens freedoms for good cause
Use reasonable methods to conduct search and seizures
Identify offenders fairly and accurately
Seek voluntary and accurate statements from the accused citizens
Protect citizens privacy from unreasonable physical and technological intrusions
Write reports and testify truthfully
Disclose all exculpatory evidence
All police officers swear an oath to uphold the ________

Answer 27

Constitution

Question 28

Although investigation crime is a competitive undertaking, an officer must always remain ______ and _______

Answer 28

Objective and Fair
( That is why officers have the three basic ethical obligations to write and testify truthfully, investigate adequately and disclose exculpatory evidence )

Question 29

A ________ Officer Knowingly either makes an untruthful statement about a material fact or omits a material fact from their statement and Their communication or failure to communicate occurs in any criminal justice record or while testifying under oath or to the Post Commission or POST employees or During an internal affairs investigation or administrative investigations or disciplinary process.

Answer 29

Untruthful
(POST definition under 6E/1)

Question 30

Because honesty is so integral to the constitutional law enforcement, police departments may _______ dishonest officers

Answer 30

terminate

Question 31

Even _______ falsehoods may lead to termination because of their impact on an officers ability to be a credible witness

Answer 31

Minor

Question 32

Officers may not justify filling a false police report or lying on the ground that they were _______ ________

Answer 32

Following orders

Question 33

Fairness demands the officers properly _______

Answer 33

Investigate
(White vs town of Marblehead Officers took a report from a female stating her boyfriend beat her. Officers never interviewed multiple bar patrons. It was later found to be a false statement from the victim and the officers lack of investigation got the city sued)

Question 34

Officers must disclose ________ evidence to the prosecutor

Answer 34

Exculpatory

Question 35

Evidence that is consistent with the defendants innocence, about a witnesses past dishonesty or about a police officers past dishonesty, bias or criminal conduct are all considered _______ _______

Answer 35

Exculpatory evidence

Question 36

Prosecutors are ________ to inform police chiefs about misconduct

Answer 36

Authorized
(Even if it is learned during secret grand jury testimony)

Question 37

Prosecutors are required to keep a ______ _____ for dishonest officers

Answer 37

Brady List