Con Law test 2

The cases of Brower, Hodari and Mendenhall set the number of elements for any seizure at __________.

4

. In the case of _________________, the Court held that information from an informant, and not just personal observation by an officer, may establish the requisite suspicion to make a stop.

Adams v. Williams

The purpose of the _____________ is to prevent prohibited persons from obtaining handguns.

Brady Act

The importance of the __________________ case lies in recognizing that different state courts have ruled differently on the way that they treat anonymous tips with respect to forming reasonable suspicion.

Harris v. commonwealth

In _____________________, the Court held that "The requirement of prior notice of authority and purpose before forcing entry into a home is deeply rooted in our heritage, and should not be given grudging application."

Miller v. US

The 1991 case involving the beating of ________________ by the LAPD brought the issue of police brutality and racism in Los Angeles to the forefront.

Rodney king

In the case of ____________________, the Supreme Court allowed the border patrol to set up permanent checkpoints on public highways leading to or away from the Mexican border, ruling that these checkpoints are not a violation of the Fourth Amendment.

US v. United States v Martinez fuerre

The Supreme Court ruled, in 2014, that making a false statement in relation to the purchase of a firearm is still a violation of federal law in the case of ________________________.

abraaamsh v. us

Some activist groups argue that a(n) citizenry is the best defense against tyranny.

armed

A lawful arrest can be made by an officer for any crime committed in his or her presence, for any felony, if the officer has probable cause and a(n) ______________.

arrest warrant

Actions described in clear, distinct statements are referred to as __________________.

articulable facts

The_______________ method is most commonly used in the courts for determining the reasonableness of an action by considering the totality of circumstances in each case.

case by case

. _____________________ are laws based on English common law which designate a person's place of residence as a place in which the person enjoys protection from illegal trespassing and violent attack.

castle laws

Common law has held that anyone witnessing certain crimes may make a(n) _______ and then turn that individual over to authorities.

citizens arrest

The ______________________, found in Article 1, Section 8, Clause 3 of the U.S. Constitution, provides the legal foundation for much of the federal government's regulatory authority, including firearms.

commerce clause

. A _______________ is a court-enforced agreement with oversight provided by a federal judge.

consent decree

The _________________ represents the almost limitless variations of interactions between the public and the police, and illustrates how justification for police action increases as their reasons build for thinking criminal activity is afoot.

continuum of contacts

Until the 1960s, the Court used the ____________________ approach, viewing the Reasonableness Clause and the Warrant Clause as intertwined and firmly connected.

conventional 4th amendment approach

A ______________ is a request that a suit be dismissed because the facts do not sustain the claim against the defendant.

demurrer

A situation in which the police take someone in for questioning in a manner that is, in reality, an arrest, but without the requisite probable cause is called _______________.

detention to an amount an arrest

_______________ are statements by a court that do not deal with the main issue in the case or are an additional discussion by the court.

dictum

The Second Amendment protects an individual's right to possess a functional handgun in the home and to use it for traditionally lawful purposes, regardless of any connection to the militia, which was supported in the landmark case of ______________________.

district of Colombia v. Heller

Police may not enter a private home without the appropriate warrant to make a routine felony arrest unless ________ exist.

exigent circumstances

The term "__________________" explains the circumstances in which officers leave their jurisdiction and enter another to pursue and arrest a felon who committed the felony in the officers' jurisdiction and then fled across jurisdictional lines.

fresh pursuit

The ________________ doctrine pertains to evidence obtained as a result of a previous constitutionally invalid activity and must be excluded from trial.

fruit of poisonous tyce

The Supreme Court has recognized that routine border stops and searches may be carried out at a border and at its _______________; for example, an airport that receives nonstop flights from foreign countries.

functional equivalent

Instances in which police officers are not aware that they are violating Fourth Amendment principles may result in the use of the __________________ exception for the Court to allow the evidence.

good faith

In 1968, after the assassinations of President John F. Kennedy, the Rev. Martin Luther King, Jr., and Senator Robert Kennedy, the _________________ was passed.

gun control act

In instances in which the preponderance of evidence suggests the defendant's guilt and tainted evidence is not critical to proving the case against the defendant, the _____________applies.

harmless

During a _____________, in which an officer is immediately chasing an individual, the officer is allowed to forcibly enter constitutionally protected areas (such as a home) without a warrant.

hot pursuit

Foreign diplomats (including ambassadors, ministers, their assistants, and attachés), their families, and their servants have complete ___________from arrest in the United States.

immunity

In Presser v. Illinois (1886), the Court refused to _______ the Second Amendment into the Fourteenth Amendment.

incorporate

. The ________________________ is an exception to the exclusionary rule deeming evidence admissible, even if seized in violation of the Fourth Amendment, when it can be shown that the evidence would have been discovered through lawful means.

inevitable. discovery dictrine

Force used by an officer must be _______________ in order to fall under the Fourth Amendment's objective reasonableness test.

intentional

U.S. society is prone to suing, making it known as a _________________ society, and the police are an attractive target because they wield power and are public employees.

litigious

167. A __________________ is not judicially enforced but does have an appointed monitor who makes quarterly reports.

memorandum of agreement

The Second Amendment of the U.S. Constitution reads: "A well-regulated_______________ being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed."

militia

The length of an investigative detention should be measured in _________________.

minutes

If the police want to make an unannounced entrance because they fear evidence might be destroyed or officers might not be safe, they typically request a ___________________.

no-knock-warrant

In 1967, Congress passed the _______________________ Act, a portion of which made possession of firearms by convicted felons unlawful.

omnibus crime control and safe streets

Two opposing interpretations of the Second Amendment have clashed in past decades and have revolved around the phrasing of this amendment into two parts: the identifies the action to be taken or prohibited.

operate clause

Stopping a vehicle to search for evidence of a crime under the guise of a traffic stop is called a _______.

pretext stop

________________ exists when facts and circumstances are sufficient in themselves to warrant a person of reasonable caution to believe that an offense has been or is being committed.

probable cause

Individuals to whom, under the Gun Control Act, selling a firearm is forbidden are referred to as ________________.

prohibited persons

The Law Enforcement Officer's Safety Act allows _________ active and retired law enforcement officers" to carry concealed weapons anywhere in the U.S.

qualified

A ______________ is an examination of a person, place, or vehicle for contraband or evidence of a crime.

search

A _____________ is the taking of contraband, evidence of a crime, or a person into custody by law enforcement, which is regulated by the Fourth Amendment.

seizure

A stop is quite different from an arrest, but both are _______ regulated by the Fourth Amendment.

seizures

The shooting death of 17-year-old Trayvon Martin by George Zimmerman occurred in Florida, a state where shooting is justifiable as self-defense provided that the person feels "threatened" or no longer has an obligation to retreat based on __________________ laws.

stand your ground

____________rights proponents claim that the Second Amendment was adopted with the primary purpose of preserving the state militia.

state

A _________ is a brief detention of a person, based on specific and articulable facts, for the purpose of investigating suspicious activity.

stop

When a reasonable person believes he or she is not free to leave, a(n) _________ has occurred.

stop

An illegal transaction in which a buyer uses an intermediary to purchase a firearm from a licensed dealer and then sells the weapon to an individual who cannot legally buy guns is known as a __________________.

straw purchase

A set ending time for legislation that is not renewed, to prevent old law from remaining on the books, is known as the _________ .

sunset clause

In the _______________ principle, a legal assessment is made based on the sum total of layers of information and the synthesis of what the police have heard, what they know, and what they observe as trained officers.

totality of circumstances

One of the driving forces behind the Revolution was strong opposition to indiscriminate and baseless government searches and seizures, including ______________, which were used by revenue officers to search ships and other water vessels, as well as homes and businesses, for evidence of smuggled goods or goods on which taxes had not been paid.

writ of assistance