updated weekly 1 Flashcards
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.
arrest
An act committed or omitted in violation of public law, either forbidding
or commanding it to be done.
crime
Any crime punishable by death or imprisonment in the state prison.
felony
Any crime less than a felony.
misdemeanor
That level of proof that is more than reasonable suspicion, yet
less than proof beyond a reasonable doubt.
Probable Cause:
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 seizable
evidence is located in a particular place.
Probable Cause to Search:
Implies a quest or examination. A prying into hidden places for that
which is concealed.
search
A forceful taking or dispossession of property of another, not
accompanied by a search.
seizure
The patting down of the OUTER clothing of a person, or area under his
control, to determine by sense of touch, the presence of a weapon.
frisk
That level of proof that is less than probable cause but
more than mere suspicion.
i. Means you can stop someone – the legal threshold.
reasonable suspicion
That a suspect has committed, is committing, or is about to
commit a crime.
unlawful design
effected by legislative enactments
statutory law
the law as established from previous decisions made in past court
cases (i.e. Miranda v. Arizona)
Case Law:
SPAR: Speech, Press, Assembly, Religion
1st amendment
Prohibits unreasonable searches and seizures by government
4th amendment
Protects citizens from double jeopardy and self-incrimination
a. Custody + Interrogation = Miranda
5th amendment
Requires all persons charged with a crime to be informed of charges
against them. People charged with a crime have a right to counsel and speedy public
trial by an impartial jury
6th amendment
due process and equal protection under the law
14th amendment
false arrest, use of force, malicious prosecution, failure to stop
unlawful actions by another police officer
Common Civil Lawsuits:
Persons who cause public inconvenience, annoyance/alarm
a. Must occur in officer’s presence AND on a public way or other public place
b. Engage in fighting/threatening behavior, Hazardous/physically offensive, No
legitimate purpose
Disorderly Person (Misd.):
Most people find to be unreasonably disruptive
which do in fact infringe on someone’s right not to be disturbed
Disturbing the Peace (Misdemeanor):
knowingly prevent or attempt to prevent an officer from effecting an
arrest (can also be orally vs just physically resisting)
Resisting Arrest:
Officer was engaged in the lawful performance of duty
b. Individual physically performed an act that obstructed or hindered the officer
from performing that duty
c. Indv. was aware that the officer was engaged in the performance of his/her
duties; AND. intended to obstruct/hinder the officer in the performance of duty
Interfering with a Police Officer:
Time, Place, Manner
How can Assembly be regulated (and only if strong rational reasons exist)?
