Con Law
1st Amendment
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Establishes freedom of religion,speech,press,assembly, and petition.
DEFINITION
English
Definition of religion under the 1st amendment
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Citizens have the right to worship a god or supreme being (Or not to hold such beliefs). The government can not require or force observations or compel citizens to follow any particular religion.
DEFINITION
Definition of Speech under the 1st amendment
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Protected speech includes spoken and written words, the act of not speaking and symbolic conduct.
DEFINITION
What are the following types of speech not protected by the 1st amendment.
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Obscenity, fighting words, threats, incendiary speech.
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2nd Amendment
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Establishes the right to keep and bear arms. Intended to keep and protect the individuals right to possess personal firearm for lawful purposes.
DEFINITION
4th Amendment
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Prohibits unreasonable searches and seizures by the government.
DEFINITION
Definition of a Search
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Physical invasion or intrusion of privacy by police on people, homes or personal property to obtain info or gather evidence.
DEFINITION
Definition of a seizure
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When police take possession of property, make an arrest, or restrict a persons ability to move freely.
DEFINITION
5th Amendment
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Prohibits citizens from being punished for the same offense twice (Double Jeopardy) from being compelled to testify against themselves (Self-Incrimination) provides the right to indictment for certain types of offenses by a grand jury and guarantees due process of law.
DEFINITION
6th Amendment
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Requires all persons charged with a crime be informed of charges against them. People charged with a crime have a right to council and right to a speedy trial by impartial jury.
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8th Amendment
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Protects people from excessive bail and fines and prohibits cruel and unusual punishment.
DEFINITION
14th Amendment
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Provided the people of all states the right to "Due Process" and Equal Protection" under the law.
DEFINITION
Definition of Due Process
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Notice and opportunity to be heard fairly.
DEFINITION
Definition of Constitutional Law
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Basic law of the land
DEFINITION
Bill of Rights definition
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First 10 amendments to the Constitution
DEFINITION
US constitution definition
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Supreme Law of the land 7 articles 27 amendments
DEFINITION
Massachusetts constitution Definition
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The commonwealths document that describes how state government is structured and articulates the rights of all residents.
DEFINITION
Mass Constitution Article 12 (XII) Definition
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No Subject shall be held to answer for any crimes or offense, until the same is fully and plainly, substantially and formally, described to him; or be compelled to accuse, or furnish evidence against him. And no subject shall be arrested, imprisoned, despoiled, or deprived of his property, immunities, or privileges, put out of the protection of the law, exiled, or deprived of his life, liberty, or estate , but by the judgement of his peers, or the law of the land.
DEFINITION
Mass constitution Article 14 (XIV)
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Every subject has a right to be secure from all unreasonable searches, and seizures, of his person, his house, his papers, and all his possessions.
DEFINITION
Statutory Law
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Written and enacted by legislative branches of state or federal governments. Declare, command, or prohibit something.
DEFINITION
Case Law
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Decisions by federal and mass courts, primarily the U.S. Supreme Court, the SJC, and Mass appeals court.
DEFINITION
Objective
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"Others" - What a reasonable person would do, act, or believe
DEFINITION
Subjective
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"Self" - What an individual person did or believed
DEFINITION
Reasonable Suspicion
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Must be based on specific and articulable facts which, when taken together, would convince a person of reasonable caution to believe that a person has committed, is committing, or is about to commit a crime.
DEFINITION
Probable Cause
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Trustworthy facts and circumstances sufficient to convince a person of reasonable caution to believe that it is more likely than not.
DEFINITION
Probable Cause - in the case of a search.
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A specific item subject to seizure will be found in the place to be searched.
DEFINITION
Probable Cause - in the case of an arrest
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A crime has been committed and the person to be arrested has committed it.
DEFINITION
Collective Knowledge
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Knowledge of one is the knowledge of all. Information held by one may be used to establish reasonable suspicion or probable cause even if not witnessed firsthand by or communicated to the officer making the stop, search, or arrest.
DEFINITION
Veracity
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Whether the source is reliable or believable
DEFINITION
Basis of Knowledge
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Is how the source or witness acquired the information
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Specific + Articulable facts
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Area of encounter, Reason for encounter, Officer Training experience, familiarity of defendant, Defendants nervousness or evasive conduct, High crime area
DEFINITION
Exclusionary Rule
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Makes any evidence obtained by police in a unreasonable search and seizure inadmissible in court.
DEFINITION
Fruit of the Poisonous Tree
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Any evidence directly derived from the illegal search or evidence found incidental to the unlawful search will, generally speaking, be suppressed.
DEFINITION
Exclusionary Rule Exceptions
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Attenuation/Purging the taint, Independent source, Defective warrant, Invalid arrest
DEFINITION
Attenuation/Purging the taint
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When unlawful police action leads indirectly to discovery of evidence or subsequent events reduce the impact of the unlawful action the court may decide that the evidence was so removed from the misconduct that it will not be suppressed.
DEFINITION
Voluntary Encounters
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Police do not need any legal justification to approach, talk with, or ask questions of any citizens in a public place, so long as the citizen is willing to listen and voluntarily answer.
DEFINITION
Investigative stops/Threshold inquires/Terry stops
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Short duration warrantless seizures used to determine if probable cause exist, specifically if a crime has or will be committed
DEFINITION
Example of Investigative stops/Threshold inquires/ Terry stops
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When a officer through words or conduct, objectively communicated that the officer will use their police power to coerce the person to stay. I.E - Taking someone's ID, using an authoritative tone, activating lights.
DEFINITION
Investigative stop/Threshold inquire/Terry stop Limitations
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Degree of force, Duration, Scope, Location, Questioning, and inferences.
DEFINITION
Moto Vehicle exit orders are justified where:
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Belief that the safety of the officers or other is threatened, Reasonable suspicion of criminal activity, police are conducting a search of MV on other grounds.
DEFINITION
Frisks
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Warrantless and limited searches of a persons outer clothing and other areas in his immediate control for weapons and not evidence.
DEFINITION
What is the legal standard needed to justify a frisk?
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Reasonable Suspicion
DEFINITION
What is the legal standard needed to justify a investigative search?
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Probable Cause
DEFINITION
Specific and articulable facts that would support a frisk include:
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Ofc. Observations, Ofc. Training/Experience, Suspects conduct/mannerisms, Crime being investigated, Suspects background + with other factors, Suspects admission that he has anything dangerous on him.
DEFINITION
Definition of Arrest
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Seizure that initiate criminal prosecution.
DEFINITION
Valid MASS warrant must include:
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Name of person to be arrested, Crime allegedly committed, A command that person named be brought before court, Signature of official.
DEFINITION
Fugitive Warrant
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To arrest a person based on a warrant from foreign states or jurisdictions.
DEFINITION
Jurisdiction
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Specific geographical area or territory where a police officer can arrest or serve processes, provide they are in uniform or displaying a badge of office.
DEFINITION
Mutual Aid
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Enter into agreement with one or multiple municipalities through out MASS.
DEFINITION
What are the formats of Jurisdiction.
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Mutual Aid, Officer in Charge permission, Transferred authority, Fresh+ Continued Pursuit, Citizens Arrest, Arrest warrant.
DEFINITION
Citizens Arrest
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In MASS a private person may lawfully arrest someone who has "In fact" committed a felony as long as they have probable cause.
DEFINITION
Massachusetts Municipal police can do what with an arrest warrant.
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Officers may arrest on a warrant anywhere in the commonwealth of MA.
DEFINITION
Fresh Pursuit into Massachusetts from an outside state
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Allows an out of state officer in fresh pursuit of a suspect who has committed a felony in their state to pursue the suspect in MA in order to arrest that person
DEFINITION
Police need a warrant to search Reasonable expectations of privacy areas, these areas include:
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Body, Home, Curtilage, Personal property, Place of business, electronic devices
DEFINITION
Curtilage
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Is the immediate area surrounding a dwelling that generally includes driveways, gardens, decks, swimming pools, garages, and storage sheds.
DEFINITION
Police may conduct searches and seize times without a warrant when "No reasonable expectation of privacy" exist. What are these examples?
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Property that has been discarded, abandoned, or left in plain view
DEFINITION
Areas not part of the Curtilage
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Open fields, Abandoned property, Real property, Garbage
DEFINITION
Search Warrant
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Written documents issued by Massachusetts judicial officials that empower officers to search, without consent and by force if needed, a defined place for people or evidence of a crime.
DEFINITION
Issuing Authority and jurisdiction of a search warrant
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In Massachusetts this includes Judges, clerk magistrates and assistant clerk magistrates of the superior court and district court.
DEFINITION
Jurisdiction
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Specific geographical area or territory where a police officer, constable, or other authorized MA official can arrest or serve processes, provided they are in uniform or displaying a badge of office.
DEFINITION
Application for search warrant needs a detailed affidavit including:
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Statement of probable cause showing property, articles and person to be seized, Detail of premises, detail of property, articles, vehicles, or person to be seized.
DEFINITION
Probable cause affidavit
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It links people, place, and property identified to specific crimes.
DEFINITION
Warrant execution requirements
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Must be executed as soon as reasonably possible, and cannot be lawfully executed more than 7 days after issuance.
DEFINITION
How many days is a warrant lawful for?
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7 Days
DEFINITION
Knock and Announce
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A police officer executing a search warrant shall knock and announce their presence and purpose before forcibly entering a residence.
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Police shall not forgo the knock and announce requirement when serving a warrant except?
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To prevent a credible risk of imminent harm
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No-Knock Warrants are authorized only when?
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Establish probable cause that if officers announce their lives or lives of others will be endangered.
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Search warrants are to be executed when?
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During the day time unless noted otherwise.
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What is considered night time when conducting a search warrant
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10Pm-6am
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Anticipatory Search warrant
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A warrant that takes effect at a specific future time and not on its issuance.
DEFINITION
Any person present - search warrant
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A search warrant can authorize officers to search any person present: however officers must have probable cause that any person present is reasonably involved in the identified criminal activity.
DEFINITION
After you make an arrest without a warrant, and the defendant is not brought to the court. The defendant must see a judicial officer to establish probable cause exist within what time period?
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24 Hours
DEFINITION
What are the facts used by police without a warrant to establish probable cause?
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Officer Knowledge, Officer observations, Corroboration of evidence, Victim/witness statements, suspects prior criminal history, suspects confession or admissions, suspects flight or secretive conduct
DEFINITION
Location of a warrantless arrest
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May be made in a public place
DEFINITION
What's the exception to a warrantless arrest not in a public place
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May not enter a residence unless they have consent of the homeowner or have existent circumstances
DEFINITION
Mass police may make a warrantless arrest within their jurisdiction under what circumstances.
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Felony committed in the officers presence, Misdemeanor committed in the officers presence amounting to a breach of the peace, Specific misdemeanors in presence with statutory power if arrest only, Specific misdemeanors with statutory power of arrest on Probable cause.
DEFINITION
How many powers of arrest are there?
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5
DEFINITION
Detention by merchants
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Can detain a shoplifter in a reasonable manner for not more than a reasonable length of time.
DEFINITION
The police may conduct a warrantless search of people under arrest and any area within their immediate control to prevent?
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Escape, Harm to the public, destruction or concealment of evidence of the crime.
DEFINITION
Search incident to arrest may be made only for ?
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Seizing fruits, instrumentalities, contraband and other evidence of the crime in order to prevent its destruction or concealment. And removing any weapons.
DEFINITION
Scope of search incident to arrest.
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Search should be performed contemporaneously (During the same period of time) in place and time with actual arrest.
DEFINITION
Grabbing Area is defined as?
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Area within their immediate control where a person could reasonably grab or gain possession of a weapon or destroy evidence. Containers are also included where such items could reasonably be located.
DEFINITION
Strip search is defined as?
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Last layer of clothing removed but may not be completely removed.
DEFINITION
Police would need what _______ to conduct a strip search
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Probable cause, that believed a person has concealed a weapon or evidence of the crime that would not be discovered during a normal standard search
DEFINITION
A visual body cavity search requires what?
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Probable cause - and no touching
DEFINITION
Manual body cavity search with some degree of touching requires?
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A Search warrant - with strong showing of particularized need supporting high degree of probable cause that contraband is hidden inside the cavity.
DEFINITION
Motor vehicle searches incident to arrest
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May be made only for the purposes of seizing fruits, instrumentalities, contraband and other evidence in order to prevent its destruction or concealment, and removing any weapons.
DEFINITION
Protective sweeps
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Limited, warrantless searches to conduct a cursory check of a premises for people only, not evidence.
DEFINITION
Automobile exception
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Motor vehicles make it easier to remove, destroy, or relocate evidence. If probable cause exist to believe evidence of a crime is inside a MV, and the vehicle is located on a public place it allows officers to search inside the MV where the evidence could reasonably be, including the trunk, without a warrant.
DEFINITION
Consent search
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A person allows officers to search places where the person consenting as a reasonable expectation of privacy.
DEFINITION
For consent to be valid
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Person must have the authority to consent and must do so voluntarily.
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Actual authority is defined as?
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Person lives in the home with shared access to the home or the person has a written contract that specifically empowers that person to allow officers to search.
DEFINITION
Apparent authority
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When a officer makes a faulty judgment about someone's actual authority over the home. Mistake must be reasonable.
DEFINITION
Plain view doctrine
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Allows police to seize evidence of a crime without a search warrant when officers are lawfully present in a place and clearly see items that are contraband or evidence of a crime out in the open.
DEFINITION
Plain view with special devices
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Binoculars and flashlights, aircrafts may be used if made from lawful navigable airspace using the unaided eye, Police K9 in public areas.
DEFINITION
Exigent circumstances
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A reasonable likelihood of danger to officers or third parties, imminent removal or destruction of evidence, or a risk of flight by a wanted person.
DEFINITION
To make entry into a dwelling police officers need what?
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Probable cause and exigent circumstances
DEFINITION
Emergency aid exception
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Police can enter a home if they believe a person inside is injured or is in imminent danger of physical harm.
DEFINITION
Community caretaker exception
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When the purpose of the police entry is not to gather evidence of criminal activity but rather, because of an emergency , to respond to an immediate need for assistance for the protection of life or property.
DEFINITION
Inventories
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Not investigative - to safeguard the owners property and protect police from accusations of theft. Officers must follow their department policy.
DEFINITION
Scope of inventory
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Taking notes of what is received and placing it in safe keeping.
DEFINITION
Person inventory
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Routine administrative step following arrest and preceding incarceration.
DEFINITION
Motor vehicle inventory
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Admin step not a search, minimize claims of theft and protect police and public from dangerous items. Also must read department policy.
DEFINITION
Civil liability
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Potential responsibility for payment of damages or other court-imposed sanctions from a lawsuit. Can be filed for violating a persons constitutional rights.
DEFINITION
Common lawsuits on police officers are?
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False arrest, use of force, malicious prosecution, failure to stop unlawful actions of other officers, officers interfering with someone's constitutional rights i.e videotaping or freedom of speech.
DEFINITION
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