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
