Constitutional law

Equal protection clause

...

law enforcement authority for city police

1 mile pass the borders, city property, any crime committed within city

Due process

14 Amendment protection uses selective incorporation to apply federal power to states

Equal protection clause

14th amendment clause requires government apply laws equally to all

Execution of search warrant for vehicle and premises

Address and physical description do not have to list vehicles

Search warrant needs to be complete

Adequate description of crime committed specific items described Detailed address

Invocation of right to silence

After significant period of time. Can reinterrogate Suspect initiates

Requirements for conducting arrest with a warrant

Any time or place except a third person's home

Motor vehicle exception

Any vehicle in a public place can look anywhere evidence might be If you have probable cause

This article of the Constitution establishes the structure and functions of Congress

Article one

Seven articles of the U.S. Constitution

Article one establishes functions of Congress Article 2 establishes executive branch Article 3 judicial powers Article 4 States owe to each other Article 5 amend the Constitution Article 6 supreme law Article 7 ratification historical

This article of the Constitution has the qualifications for president

Article to

Search incident to arrest

Automatic right to search arrested person and lungeable area

Constitutional law

Basic fundamental law of land. Not a lot of change also interpretations of supreme law of land

Constitutional law

Basic law of the land supreme law of the land

Car Frisk

Can only search areas a weapon might readily be no trunk

invokes right to counsel

Cannot question until lawyer present or suspect initiates Or 14 day break in custody

Ninth amendment

Catchall unnamed rights

Diplomatic immunity

Check their ID card Notify department of state

Subject matter jurisdiction

City police arrests for any crime

This source of law is derived from the customs and practices of ancient England

Common law

Burning a flag

Considered symbolic protected First Amendment

Codified. common law

Conspiracy ,minvoluntary manslaughter larceny

Three sources of law

Constitutional law statutory law common-law

14th amendment

Do process life liberty and property Protects citizens against infringement by the state

Statutory law

Elected legislator Gen. assembly

Administrative inspections

Evidence can be recovered but not admissible

Eighth amendment

Excessive bail fines cruel and unusual punishment

Exclusionary rule

Excludes evidence obtained illegal

This rule makes evidence obtained by the government through an illegal search or seizure inadmissible

Exclusionary rule

Warrantless search

Exigent circumstances With consent

Self-incrimination

Fifth Amendment protection

Right to council

Fifth and sixth amendment

Bill of rights

First 10 amendments to the Constitution restrict government actions

Establishment clause

First amendment clause that prevents government establishing national church

Self-incrimination

Found in Fifth Amendment

Double Jeopardy

Found in Fifth Amendment protection

habeas corpus

Found in the body of constitution designed to protect means have the body Commands government officials to bring prisoner before judge to determine legality of the detention

First Amendment

Freedom of press and assembly and petition. Safety valve to express discontent

Selective incorporation

Good for federal is good for state. 14 th amendment

Time place and manner

Government can place restrictions on this type of speech that occurs in public

Four procedural safeguards to persons accused of crimes

Habeas corpus Right to a jury Bills of attainder Ex post facto laws

Miranda rights

Have to be in custody have to be interrogated 18 or older Does not apply to undercover officers

Nontestimonial identification evidence

Have to have somebody there in person Adult 16 and older

Exigent circumstances

If not immediate evidence will be destroyed

Plain view doctrine

Immediately apparent lawful viewing lawful access

Plain view doctrine

Immediately apparent lawful viewing lawful access

Arrest

In custody freedom of movement has been restrained Handcuffed and or in the car equals the arrest

Constitutional law

Judicial interpretations

Due process claus

Makes things applicable to state Contained in 14th amendment

Fifth amendment

Miranda process me speedily compelled self incrimination

Reasonable suspicion

More than a hunch Minimal level of objective justification

Execution of search warrant for person

Name race alias six

Execution of search warrant

Need territorial jurisdiction Knock and announce Read face of warrant Officers may detain in private residence other occupants

Incendiary

No protection under first amendment iminent violence

Voluntary contact

No requirements

North Carolina requirement for ID

Not needed unless driving vehicle

nto

Not valid for blood Blood requires search warrant Use If suspect not in custody

District Atty. warrants issue

Obscenity Nontestimonial identification order

Codified

Old law written into statutes

Common-law

Old laws and written into statutes source ancient England

Crime scene exigent circumstances

Once eliminated requires search warrant Or consent to stay

Crime scene search warrant

Once exigency gone you need a warrent

Sixth amendment rights

Once right to counsel is attached in or out of custody

Statutory procedures following arrest

One go to MO 2 Get mo order 3 Allow suspect to call 4 Allow medical if needed

Four criminal and civil consequences law-enforcement officers face

One criminal prosecution two suppression of evidence Three departmental discipline four civil liability

Test for seizure

One person submits to command 2 physically restrained 3 not free to terminate encounter Free to leave test

Obscenity search warrant concerns

Only DA can issue

Search of motor vehicle incident to arrest

Only if reasonable suspicion of crime arrested for

nto

Only judge can issue 72 hour notification

10th amendment

Power left over from Fed goes to states

Fourth amendment

Prevents unreasonable searches and seizures

a decision by the US Supreme Court made this 14th amendment a practical nullity

Privileges and immunities clause

Probable cause

Probably committed

arrest

Probably committed

Describe how First Amendment affects the law enforcement function

Protect speech press religion assembly petition

Bills of attainder

Punishment. Without a conviction through judicial proceedings

Third amendment

Reference quartering troops

First amendment

Religion Establishment clause government may not require or enforce religious beliefs

Fugitive warrant

Required from out-of-state criminal

Investigative stop

Requires reasonable suspicion

Investigative detention

Requires reasonable suspicion determine probable cause 20 minute time limit

Sixth amendment

Right to a speedy public trial with an impartial jury face accusers. Right to be informed right to counsel. notice

Second amendment

Right to bear arms

Free exercise clause

Right to worship snake handling

First Amendment

Speech belief Government can restrict obscenity fighting words Threats incendiaries beach time place and manner

First Amendment doesn't protect

Threat. fight words incendiary speech. obcenity

Frisk

To search for weapons reasonable suspicion Plain feel doctrine

Seventh amendment

Trial by jury

Juvenile nto

Under 16 Not required for fingerprints for pictures everything else is court order required

Deadly force non-deadly force

Use deadly with deadly not deadly with not deadly Use deadly to prevent escape & defend

Search warrant

Valid for 48 hours

To access private places you need

Warrant consent or exigent circumstances

Private citizen assistance

When requested citizennhas same power not liable not obligated

Statutory law

Written will of legislative body detailed Congress courts interpret ordinances

private citizen can detain when

felony breach of peace injury theft or destruction

Hot pursuits

if commited in Durham can go anywhere in North Carolina Can cross-border for felony Must not stop to do something else

Ex post facto

illegal laws that and make certain conduct illegal after-the-fact

Juvenile Miranda rights

less than 14 cannot waive rights

legal standard for arrest

probable cause