BLET #22 Arrest, Search & Seizure/Constitutional Law

4th
Which amendment to the US Constitution guarantees protection from unreasonable searches and seizures
Criminal or civil case brought against the officer, suppression of evidence recovered from the suspect, department discipline
What are the consequences to the officer if he violates a persons right during search and seizure?
1. Constitutional Law
2. Statutory Law
3. Common Law
What are the 3 sources of law?
The United States Constitution
The basic law of the land is what?
Constitutional Law
What is the supreme law of the land?
President
Congress
Courts
Public Officials
Some Governmental habits and customs
Constitutional Law also includes judicial interpretation affecting who/what?
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Statutes
Written laws enacted by the legislative branches of the state or federal government are called?
Statutory Law
____________ law declares, commands, of prohibits, something. It is the written will of the politically elected legislature
Ordinances
Written law of local government (cities & counties) are called ____________?
Case
Common law is frequently referred to as ________ law?
Common
_________ law derives is authority form customs and practices of ancient times, or from the judgements and decrees of the courts recognizing affirming, and enforcing such usages and customs
substantive law
procedural law
2 Types of law
Substantive law
____________ law defines the rights and duties of citizens
Substantive law
It is created by legislative or judicial action, it prohibits conduct such as robbery, larceny, assault
Procedural law
_________ law specifies the method whereby substantive law is enforced
Procedural law
laws restricting the circumstances under which the police may lawfully interrogate a suspect are what type of law?
1. Habeas Corpus
2. Jury
3. Bills of attainder
4. Ex post facto laws
Constitution grants 4 procedural safeguards to a person accused of crimes what are they?
1st amendment
_______ establishes rights that we consider basic in a free society
1. Religion
2. Speech
3. Press
4. Assembly
5. Petition
The 1st amendment rights are?
1. Obscenity
2. Fighting Words
3. Threats
4. Incendiary Speech
The following types of speech have no first amendment protection and thus barred by the government
Obscenity
______is a depiction of sexual conduct that taken as a whole, by the average person, applying contemporary community standards appeals to the prudent interest in sex, portrays sex in a patently offensive way and does not have serious literary artistic, political or scientific value
Class 1 felony
In NC the sale, creation or possession for sale of obscene materials is a what?
District Attorney or Assistant DA
Seizure of allegedly obscene material must be accomplished only with a search warrant by who?
Threats
________ are utterances calculated to intimidate, must be genuine must be capable of carrying it out
Incendiary Speech
___________ _____________ advocates the imminent violent use of force against the government
Self Incrimination
This right to silence attaches when a person in custody and is under interrogation
6th Amendment
Which amendment grants the right to a speedy and public trial and information about the nature and the cause of the accusation, to confront the witness against him?
7th Amendment
Which amendment preserves the right of trial by jury in civil cases?
8th Amendment
Which amendment protects people from excessive bail, excessive fines, and cruel and unusual punishment?
14th Amendment
Which amendment 3 phrases privileges and immunities, due process of law, and equal protection of the laws
1. Procedural Due Process
2. Substantive Due Process
2 Types of due process
Procedural Due Process
_________ guarantees that the government will not take a persons life, liberty, or property interest without notice and a meaningful opportunity to be heard
Substantive Due Process
____________ guarantees that the notice, hearing and result is fair
14th Amendment
This amendment forbids law enforcement offices from using physical coercion to extract a statement. It is also a due process violation for officers to make promises which they cannot keep in effort to obtain a statement
Due Process
1. Requires that a defendant receives adequate notice of the offense charged
2. Right to counsel, speedy and public trial, be free from the use of unlawfully seized evidence and unlawfully obtained confession
3. Entitled to a plea bargain
4. Guilt beyond a reasonable doubt
5. Sane or Competent
Seizure
A __________ occurs when a person submits t a command by an officer to stop or when a officer physically restrains a person
A temporary detention
Reasonable suspicion is needed for what?
True
Officers need no justification to approach a citizen True or False
To determine whether there is probable cause to believe that
1. a crime has or is being committed
2. the suspect has probably committed the crime
What is the purpose of an investigative stop?
Use of Force
___________is a “seizure” under the 14th amendment and thus, must be reasonable
Use of Force
The overriding test for all use of force, whether deadly or not, is whether the use of force was objectively reasonable under the circumstances and at the time the force was used
Deadly physical force authorized
1. To defend himself or a third person from what he reasonably believes to be the use or imminent use of deadly physical force
2. Suspect is trying to escape using a deadly weapon
3. indicates that he presents an imminent threat of death or serious physical injury to other unless apprehended with out delay
4. To prevent an escape for custody imposed result of a convection for a felony
True
True or False the presence of “no Trespassing” sign will not effect the admissibility of evidence seized from an open field in plain view
1. The officers are lawfully in a position from which they view an object
2. The incrimination character of the object is immediately apparent
3. The officers have a lawful right of access to the object.
What are the 3 basic requirements for a legitimate plain view seizure?
1. Probable cause to search
2. A likelihood that absent immediate action officers could be endangered or evidence could either be destroyed or removed from the jurisdiction
What are exigent circumstances?
1. Only a judicial official
2. Appellate and superior court judges may issue search warrants are valid anywhere in the state
3. District court judges in there district
4. Clerks and magistrates issue search warrant valid within their country
Who may issue search warrant?
48 hours
A search warrant must be executed within how many hours after it is issued or its void?
1. Offers have executed the warrant but have not discovered the named contraband
2. The contraband could reasonably be found on the person of the detainee.
A detained person not named on the warrant may be fully searched if:
District attorney or assistant district attorney
Only who can apply for a search warrant to search for and seize obscene materials
Suppression hearing
The legal proceeding which decides whether the police have followed the law in taking a written or oral statement
Inculpatory or exculpatory
Whenever a suspect gives a written or oral statement to law enforcement officers, the statement is either…
Exculpatory statement
——— statement is one which denies guilt
Inculpatory statement
_____ statement tends to establish guilt
Custody and interrogation
When are Miranda warnings required?
14
N.C.G.S. 7B-2101 provides that a juvenile who is less than ________ years old CANNOT waive her right to have a parent, guardian, custodian or attorney present during custodial interrogation.
14
A juvenile who is ________ years old or older can waive both her right to counsel and her statutory right to a parent, guardian, or custodian.
a knowing, voluntary, and intelligent waiver
Miranda rights are effectively waived by a…
Knowing
______ relates to whether the suspect has been properly informed of his rights and whether he understands those rights.
Voluntary
_____ relates to whether the waiver was obtained without force or coercion.
Intelligent
_______refers to the capacity and competency of the suspect to understand his rights and the effect of a waiver of those rights.
6th Amendment
________ amendment gives defendants a right to counsel at any critical stage of a prosecution at or after adversary judicial proceedings have begun.
Indelibly Attached
Sixth Amendment right to counsel is ________ _____.
uncharged crimes
The Sixth amendment right to counsel is offense-specific; it DOES NOT apply to _____________ crimes.
(1) Describes the basic organization of the state government,
including the legislative, judicial, executive, and
administrative branches;
(2) Establishes basic rights of citizens of the state; and
(3) Makes provisions for amendments and for legislative
enactments.
Each state also has its own constitution, generally modeled after
the United States Constitution. A typical state constitution:
a) A person has been “seized” when, under the circumstances, a reasonable person in his position would not feel free to walk or drive away from the law enforcement officer.
Florida v. Royer
.
The test for whether a person is seized is an objective one:
would a reasonable person in the suspect’s position feel
that the officer deprived his freedom of movement.
The Supreme Court ruled in_____________ that an individual may be stopped and frisked by law enforcement agents based on reasonable suspicion.
Terry V. Ohio
law enforcement officers need
no justification to speak to or look at anyone in a public place. In the area of voluntary encounters, officers have all of the rights of an ordinary citizen.
Terry V. Ohio
the United States Supreme Court stated: “Law enforcement officers do not violate the Fourth Amendment by merely approaching an individual on the street or in another public place, by asking him if he is willing to answer some questions, by putting questions to him if the person is willing to listen, or by offering in evidence in a criminal prosecution his voluntary answers to such questions.” Because these encounters are entirely voluntary, officers may not compel cooperation. The Court further stated, “The person approached, however, need not answer any question put to him; indeed, he may decline to listen to the questions at all and may go on his way.”
Florida V Royer
G.S. 15A-401
making a warrant-less arrest
G.S. 15A-404
a citizen detention
G.S. 15A-405
Assistance to enforcement officers to effect arrest or prevent escape