Con Law

1st Amendment

Establishes freedom of religion, speech, press, assembly, and petition.

Definition of religion under the 1st amendment

Citizens have the right to worship a god or supreme being, or not to hold such beliefs. The government cannot compel specific religious observations.

Definition of Speech under the 1st amendment

Protected speech includes spoken and written words, the act of not speaking and symbolic conduct.

What are the types of speech not protected by the 1st amendment?

Obscenity, fighting words, threats, incendiary speech.

2nd Amendment

Establishes the right to keep and bear arms, intended to protect the individual's right to possess firearms for lawful purposes.

4th Amendment

Prohibits unreasonable searches and seizures by the government.

Definition of a Search

Physical invasion or intrusion of privacy by police on people, homes, or personal property to obtain information or gather evidence.

Definition of a seizure

When police take possession of property, make an arrest, or restrict a person's ability to move freely.

5th Amendment

Prohibits double jeopardy, self-incrimination, provides rights to indictment by a grand jury, and guarantees due process of law.

6th Amendment

Requires all persons charged with a crime be informed of charges against them and provides the right to counsel and a speedy trial by an impartial jury.

8th Amendment

Protects against excessive bail and fines, and prohibits cruel and unusual punishment.

14th Amendment

Provides the right to 'Due Process' and 'Equal Protection' under the law.

Definition of Due Process

Notice and opportunity to be heard fairly.

Definition of Constitutional Law

Basic law of the land.

Bill of Rights definition

First 10 amendments to the Constitution.

US Constitution definition

The supreme law of the land, consisting of 7 articles and 27 amendments.

Massachusetts Constitution Definition

Document that describes the structure of state government and articulates rights of residents.

Mass Constitution Article 12 (XII) Definition

No subject shall be arrested or deprived of property without judgment of peers or law of the land.

Mass Constitution Article 14 (XIV)

Every subject has a right to be secure from all unreasonable searches and seizures.

Statutory Law

Written laws enacted by legislative branches of government.

Case Law

Decisions made by federal and state courts, including U.S. Supreme Court rulings.

Objective

What a reasonable person would do, act, or believe.

Subjective

What an individual person did or believed.

Reasonable Suspicion

Must be based on specific and articulable facts indicating that a person has committed or is about to commit a crime.

Probable Cause

Trustworthy facts and circumstances sufficient to convince a reasonable person that it is more likely than not that a crime has occurred.

Probable Cause - Search

A specific item subject to seizure will be found in the place to be searched.

Probable Cause - Arrest

A crime has been committed and the person to be arrested has committed it.

Collective Knowledge

Knowledge of one is the knowledge of all; information may be used to establish reasonable suspicion or probable cause.

Veracity

Whether the source of information is reliable or believable.

Basis of Knowledge

How the source or witness acquired the information.

Specific + Articulable Facts

Area of encounter, reason for encounter, officer training and experience, defendant's nervousness, high crime area.

Exclusionary Rule

Makes evidence obtained in an unreasonable search and seizure inadmissible in court.

Fruit of the Poisonous Tree

Evidence derived from illegal search may be suppressed.

Exclusionary Rule Exceptions

Attenuation/Purging the taint, independent source, defective warrant, invalid arrest.

Attenuation/Purging the Taint

Unlawful police action that indirectly leads to evidence discovery may not be suppressed if too removed from misconduct.

Voluntary Encounters

Police can approach and ask questions without legal justification, as long as the citizen agrees.

Investigative Stops/Terry Stops

Short duration, warrantless seizures to determine if probable cause exists.

Example of Investigative Stops

When an officer’s actions indicate intent to detain someone, e.g., taking someone’s ID.

Investigative Stop Limitations

Degree of force, duration, location, questioning, and inferences must be justified.

Motor Vehicle Exit Orders are Justified When

Belief that officer or public safety is threatened, or reasonable suspicion of criminal activity.

Frisks

Warrantless searches of a person for weapons.

Legal Standard for Frisk

Reasonable Suspicion.

Legal Standard for Investigative Search

Probable Cause.

Specific Facts for Frisk Include

Officer observations and training, suspect behavior, crime being investigated.

Definition of Arrest

Seizure that initiates criminal prosecution.

Valid MASS Warrant Must Include

Name of person, crime committed, command to bring to court, signature of official.

Fugitive Warrant

To arrest a person based on a warrant from another state.

Jurisdiction

Specific geographical area where a police officer can arrest or serve processes.

Mutual Aid

Agreements between municipalities in Massachusetts for cooperative law enforcement.

Formats of Jurisdiction

Mutual aid, officer permission, transferred authority, fresh pursuit, citizen's arrest.

Citizens Arrest

In MA, a private person may arrest someone who has committed a felony if they have probable cause.

MA Municipal Police with Arrest Warrants

Officers may arrest anywhere in Massachusetts on a warrant.

Fresh Pursuit Into MA

Out-of-state officers may pursue a suspect in Massachusetts if committed a felony.

Police Need Warrant for Searches in Privacy Areas

Body, home, curtilage, personal property, place of business, electronic devices.

Curtilage

Immediate area surrounding a dwelling including driveways and gardens.

No Warrant Searches When No Privacy Exists

Discarded or abandoned property or items in plain view.

Areas Not Part of Curtilage

Open fields, abandoned property, real property, garbage.

Search Warrant

Written document issued by judicial officials empowering officers to search for evidence.

Issuing Authority for Search Warrant in MA

Judges and clerk magistrates of the superior and district courts.

Jurisdiction in Search Warrant

Specific area where MA officials can arrest or serve processes.

Application for Search Warrant Needs

Detailed probable cause statement, premises detail, property detail.

Probable Cause Affidavit

Links people, places, and property to specific crimes.

Warrant Execution Requirements

Must execute as soon as reasonably possible, within 7 days.

How Many Days is a Warrant Lawful?

7 days.

Knock and Announce

Requirement for police to announce presence before entering.

Exceptions to Knock and Announce Requirement

To prevent credible risk of imminent harm.

No-Knock Warrants are Authorized When

Probable cause exists that announcing could endanger lives.

Search Warrants Executed When

During daytime unless specified otherwise.

What is Considered Nighttime for Search Warrant

10 PM to 6 AM.

Anticipatory Search Warrant

Warrant that takes effect at a specific future time.

Search Warrant for Any Person Present

Must have probable cause that they are involved in identified criminal activity.

After Arrest Without Warrant, Defendant Must See Judicial Officer Within

24 hours.

Facts Used Establishing Probable Cause Without Warrant

Officer knowledge, observations, corroboration, witness statements.

Location of Warrantless Arrest

May be made in a public place.

Exception for Warrantless Arrest Not in Public Place

Cannot enter without homeowner consent or exigent circumstances.

Mass Police Warrantless Arrest Circumstances

Felonious acts in presence, misdemeanors breaching peace.

How Many Powers of Arrest Are There?

Detention by Merchants

Can detain a shoplifter for a reasonable time.

Warrantless Search of Arrested Persons

To prevent escape, public harm, or destruction of evidence.

Scope of Search Incident to Arrest

To seize fruits, instrumentalities, and weapons.

Search Should Be Performed When

Contemporaneously with the arrest.

Grabbing Area Defined As

Immediate control area where a person could grab a weapon or destroy evidence.

Strip Search Defined As

Last layer of clothing removed but not completely.

Police Need What For Strip Search

Probable cause of concealed weapon or evidence.

Visual Body Cavity Search Requires

Probable cause without touching.

Manual Body Cavity Search Requires

A search warrant with a degree of probable cause.

Motor Vehicle Searches Incident to Arrest

Must be for fruits, instrumentalities, and removing weapons.

Protective Sweeps Defined As

Limited searches for people, not evidence.

Automobile Exception

Allows searches of vehicles without a warrant if probable cause exists.

Consent Search Defined As

Permission granted by a person to search their property.

For Consent to be Valid

Must be given voluntarily and person must have authority.

Actual Authority Defined As

Shared living or a written contract that allows to consent to a search.

Apparent Authority Defined As

Officer's reasonable mistake about someone's authority over property.

Plain View Doctrine

Allows seizure of evidence without a warrant if visible while officers are lawfully present.

Plain View with Special Devices

Use of binoculars, aircrafts, and K9s in lawful public areas.

Exigent Circumstances Defined As

Urgency for officer safety or evidence preservation.

Entry into Dwelling Requires

Probable cause and exigent circumstances.

Emergency Aid Exception

Police can enter homes in emergencies for safety.

Community Caretaker Exception

Police entry for emergencies not linked to criminal activity.

Inventories Defined As

To safeguard property, not investigative.