Conlaw Final Exam

What is the definition of a crime?

Conduct which is prohibited by state law and punishable by fine or imprisonment or both. Conduct punishable only by forfeiture is not a crime

What is a Felony and Misdemeanor?

A crime punishable by imprisonment in the Wisconsin State prisons for a year or more. Every other crime is a misdemeanor.

What are the plain view seizure rules?

1. The Officer is lawfully located in the place where the observation was made and

2. Must have a lawful right of access to the object itself

3. The incriminating character of the item is immediately apparent.

4. Object seen must be contraband, evidence or illegal on its face.

What is the definition of a strict liability crime?

A crime that does not require proof of specific intent, recklessness, or negligence. Even if ignorant of the law the act itself is still illegal.

What are the rules for a law enforcement officer on a Terry Stop of a vehicle without any traffic violation? In other words, what can an officer legally do on a simple reasonable suspicion stop?

• You reasonably suspect the person being stopped is involved in some kind of LAW violation but you don’t have a traffic offense or a crime.

• Both the driver and all passengers are officially seized when you stop a car under RS only. It is a Terry Stop and all Terry rules apply.

• The driver and passengers can NOT legally leave or walk away.

• Can request ID and explanation of their conduct but they don’t have to give it.

Explain what an officer can legally do on a traffic stop for a traffic violation?

For a Traffic violation:

− Both the driver and all passengers are officially seized when you stop a car on a TS.

− The driver and passengers canNOT legally leave or walk away.

− You can DEMAND a driver’s license from the driver and proof of insurance.

− You can verify the driver’s signature. (343.18 License to be carried; verification of signature.)

− Can demand the driver and passengers exit the vehicle for no particular reason.

− You can look for the VIN to confirm it.

− You can look anywhere in the vehicle you can see under plain view.

− You can ask them questions about any non-traffic related subject you want.

− But, you cannot “measurably extend the duration of the traffic stop.”

− You CAN ask them if they have any weapons on them.

− You can ask for consent to search them for weapons.

− You can request ID from the passengers, BUT they must be suspected of criminal activity and that suspicion must be supported by reasonable suspicion to demand it,

What legal level of proof is needed for an LEO to make an arrest? Define it

• Probable cause

• Probable cause: A set of facts of circumstances that lead a reasonable officer to believe that a specific crime is being, has been, or is about to be committed by a specific person.

What is the definition of jurisdiction?

The authority to act, to arrest, to prosecute, or do some kind of official duty. It is both geographic and statutory in nature.

What is the exclusionary rule?

Evidence obtained or collected (illegally) in violation of a suspect’s constitutional rights by the government (the police) is inadmissible in a court of law.

What are the three circumstances that the exclusionary rule covers?

• Illegal arrest

• Unreasonable search

• Coercive interrogation

Define Fruit of the poisonous tree?

SECONDARY evidence that is obtained as a result of the originally tainted evidence is ALSO excluded from use in court.

What is the Carroll doctrine?

CAR: Carroll doctrine allows the warrantless search of a motor vehicle IF YOU HAVE PROBABLE CAUSE. This permits a police officer to search an entire motor vehicle and any containers inside it if there is probable cause to believe the vehicle contains contraband or the fruits, instrumentalities or evidence of criminal activity.

What is the Garner Rule?

(If he's running, you ain't GARNER catch him!)

• The US Supreme Court decided in the 1985 case of Tennessee v. Garner that police cannot shoot an unarmed fleeing felon.

What is the Gant doctrine?

(Can’t search a car SIA)

• GANT means you CAN’T… search a CAR incident to an arrest from that car. An arrest of a person from a vehicle does NOT automatically allow you to search the vehicle incident to that arrest unless

o searching for evidence of the offense you took them out of the car for

o or for officer safety.

What is the Shatzer rule?

(14 day rule)

• The US Supreme Court decided in the 2010 case of Maryland v. Shatzer that when police take a person into custody and that suspect invokes his right to an attorney and is then released, police must wait 14 days before attempting re-interrogation after release.

What are the rules that make a consent search by an officer legal?

• ✔ The person who consents to a search must have the authority to grant consent.

• ✔ This consent must, however, be voluntarily, freely and knowingly given.

• ✔ The consent must not be coerced!!!!

• ✔ The search is limited in scope and can be revoked at anytime.

Theft?

With Intent, knowingly takes or retains moveable property of another, Without consent of the owner,

With intent to permanently deprive.

Robbery?

(From Rob)

With Intent, knowingly took property from the person or presence of the owner, Without consent of the owner,

With force or the threat of force.

Burglary?

With Intent, knowingly entered a building/dwelling of another (place),

Without consent of the owner or person in possession of,

With intent to steal or commit a felony

When can an officer conduct a frisk of a person who is legally detained?

• LEGALLY DETAINED + DOPI = FRISK

• When an Officer reasonably suspects that he or she or another is in danger of physical injury

List the 10 exceptions to the search warrant requirement in the 4th amendment

1) Abandoned objects

2) Automobiles (Carroll Doctrine)

3) Community caretaker

4) Consent searches

5) Custodial searches

6) Exigent circumstances

7) Frisk after a Terry Stop

8) Hot pursuit

9) Incident to a lawful arrest

10) Plain View

Define Disorderly conduct?

(Engages in VAIP-BUL)

• In a public or private place, engages in violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct, under circumstances in which the conduct tends to cause or provoke a disturbance.

When and how can citizens legally carry or transport loaded or unloaded guns in a motor vehicle?

It is legal to:

• Place, possess, or transport a handgun in a vehicle without being unloaded or encased.

• Load a handgun in a vehicle.

• Operate an all-terrain vehicle (ATV) with a handgun in the operator’s possession.

• Place, possess, or transport a handgun in or on a motorboat with the motor running without being unloaded or encased

• Place, possess, or transport a handgun in or on a noncommercial aircraft. Long guns, firearms (other than handguns), bows, or crossbows can be carried uncased in a vehicle, ATV, boat, or non-commercial aircraft so long as they are unloaded.

Retail theft, including when it becomes a felony?

Without the merchant's consent and

• with intent to deprive the merchant permanently of possession or

• the full purchase price of the merchandise or property, does any of the following:

o Intentionally alters indicia of price or value of merchandise,

o Intentionally takes and carries away merchandise,

o Intentionally transfers merchandise held for resale,

o Intentionally conceals merchandise,

o Intentionally retains possession,

o intentionally removes a theft detection device,

o Uses, or possesses with intent to use, a theft detection shielding device,

o Uses, or possesses with intent to use, a theft detection device remover to remove a theft detection device.

✔ Felony, if the value of the merchandise exceeds $500

✔ Class I felony if all of the following apply:

(a) The value of the merchandise does not exceed $500.

(b) The person agrees or combines with another to commit the violation.

(c) The person intends to sell the merchandise by means of the Internet

Define a strip search under Wisconsin state law?

“Strip search" means a search in which a detainee's genitals, pubic area, buttock or anus, or a female detainee's breast, is uncovered and either is exposed to view or is touched by a person conducting the search.

Explain when a police officer may legally conduct a strip search and the rules they must follow? (9)

• Person searched must be a detainee (arrested).

• Detainee includes both adults and juveniles.

• A detainee is also a person arrested or otherwise lawfully detained or taken into custody, if the person will be incarcerated, imprisoned, or otherwise detained in a jail or prison with one or more other persons.

• Strip search for any felony or certain listed misdemeanors.

• Also, if arrested for any misdemeanor and if there is probable cause to believe the person is concealing a weapon or a thing which may constitute evidence of the offense for which he or she is detained.

• Covers both adults or juveniles.

• Searcher must be the same sex (unless a body cavity search).

• Detainee cannot be exposed to view by outsiders.

• Can NOT be recorded by audio or visual.

• Must have prior written permission from the Chief, UNLESS you have PC that the detainee is concealing a weapon.

• The searcher must prepare a report and give a copy to the detainee.

How long does an officer have to SERVE a criminal search warrant and how long does an officer have to RETURN a search warrant?

Search Warrant (Criminal) 15(1) and 968.17

⋅ Must be executed within five days of the date of issue, this includes holidays and weekends.

⋅ The search warrant must be returned to the clerk of courts within 48 hours of execution. The 48 hours does not include holidays and weekends.

968.15 Search warrants; when executable.

(1) A search warrant must be executed and returned not more than 5 days after the date of issuance.

968.17 Return of search warrant.

(1) The return of the search warrant shall