Constitutional Law Study Guide

These flashcards cover important constitutional amendments, legal concepts, and case laws relevant to policing operations and civil rights.

1st Amendment

Provides freedom of religion, speech, press, assembly, and petition, with limitations on obscenity and threats.

2nd Amendment

Establishes the right to keep and bear arms.

4th Amendment

Prohibits unreasonable searches and seizures by the government, critical to policing.

5th Amendment

Prohibits double jeopardy and self-incrimination, and provides the right to indictment.

6th Amendment

Guarantees rights of criminal defendants including a public trial, a lawyer, and an impartial jury.

8th Amendment

Prohibits excessive bail, excessive fines, and cruel and unusual punishments.

14th Amendment

Grants citizenship to all born or naturalized in the U.S. and ensures equal protection under the law.

Seizure

Occurs when police take possession of property or restrict a person’s ability to move freely.

Search

Physical invasions or intrusions of privacy by police to obtain information or gather evidence.

Reasonable Suspicion

Specific and articulable facts convincing a reasonable person that someone is involved in criminal activity.

Probable Cause

Trustworthy facts and circumstances sufficient to believe that a crime has been committed or will be committed.

Voluntary Encounter

A situation where a citizen is free to leave or ignore an officer; does not trigger 4th Amendment protections.

Exigent Circumstances

Situations justifying warrantless searches due to urgent needs.

Frisk

A limited search performed when there's reasonable suspicion a person may be armed and dangerous.

Curtilage

The immediate area surrounding a dwelling, where there is a reasonable expectation of privacy.

Civil Liability

Potential responsibility for damages or sanctions from a lawsuit against law enforcement personnel.

Commonwealth v. Harris

Case establishing that employee statements alleging shoplifting provide probable cause for arrest without a warrant.

Aguilar-Spinelli Test

Test for the validity of search warrants based on information from a confidential informant.

Miranda Warning

Advisement that a suspect must receive regarding their rights before interrogation.

Terry v. Ohio

Established the legal standard of reasonable suspicion for stop-and-frisk procedures.