weekly 1 exam

Question 1

Arrest:

Answer 1

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.

Question 2

crime

Answer 2

An act committed or omitted in violation of public law, either forbidding
or commanding it to be done.

Question 3

felony

Answer 3

Any crime punishable by death or imprisonment in the state prison.

Question 4

Misdemeanor:

Answer 4

any crime less than a felony

Question 5

Probable Cause:

Answer 5

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

Question 6

Probable Cause to Arrest:

Answer 6

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.

Question 7

Probable Cause to Search:

Answer 7

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.

Question 8

Search:

Answer 8

Implies a quest or examination. A prying into hidden places for that
which is concealed.

Question 9

Seizure:

Answer 9

A forceful taking or dispossession of property of another, not
accompanied by a search.

Question 9

Frisk:

Answer 9

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.
i. WEAPON = FRISK

Question 9

Reasonable Suspicion:

Answer 9

That level of proof that is less than probable cause but
more than mere suspicion.
i. Means you can stop someone – the legal threshold.

Question 10

Unlawful Design:

Answer 10

That a suspect has committed, is committing, or is about to
commit a crime.

Question 11

Statutory Law:

Answer 11

effected by legislative enactments

Question 12

Case Law:

Answer 12

the law as established from previous decisions made in past court
cases (i.e. Miranda v. Arizona)

Question 13

1 st Amendment

Answer 13

SPAR: Speech, Press, Assembly, Religion

Question 14

4 th Amendment:

Answer 14

Prohibits unreasonable searches and seizures by government

Question 15

5 th Amendment:

Answer 15

Protects citizens from double jeopardy and self-incrimination
a. Custody + Interrogation = Miranda

Question 16

6 th Amendment:

Answer 16

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

Question 17

14 TH Amendment:

Answer 17

due process and equal protection under the law

Question 18

Common Civil Lawsuits:

Answer 18

false arrest, use of force, malicious prosecution, failure to stop
unlawful actions by another police officer

Question 19

Resisting Arrest:

Answer 19

knowingly prevent or attempt to prevent an officer from effecting an
arrest (can also be orally vs just physically resisting)

Question 20

Interfering with a Police Officer:

Answer 20

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

Question 21

Disorderly Person (Misd.):

Answer 21

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

Question 22

Disturbing the Peace (Misdemeanor):

Answer 22

Most people find to be unreasonably disruptive
which do in fact infringe on someone’s right not to be disturbed

Question 23

How can Assembly be regulated (and only if strong rational reasons exist)?

Answer 23

Time, Place, Manner