Constitutional Law MPTC

Constitutional Law MPTC 1st Amendment Establishes freedom of religion,speech,press,assembly, and petition. Definition of religion under the 1st amendment 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 of Speech under the 1st amendment Protected speech includes spoken and written words, the act of not speaking and symbolic conduct. What are the following types of speech not protected by the 1st amendment. Obscenity, fighting words, threats, incendiary speech. 2nd Amendment Establishes the right to keep and bear arms. Intended to keep and protect the individuals right to possess personal firearm for lawful purposes. 4th Amendment Prohibits unreasonable searches and seizures by the government. Definition of a Search Physical invasion or intrusion of privacy by police on people, homes or personal property to obtain info or gather evidence. Definition of a seizure When police take possession of property, make an arrest, or restrict a persons ability to move freely. 5th Amendment 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. 6th Amendment 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. 8th Amendment Protects people from excessive bail and fines and prohibits cruel and unusual punishment. 14th Amendment Provided the people of all states the right to "Due Process" and Equal Protection" under the law. Definition of Due Process Notice and opportunity to be heard fairly. Definition of Constitutional Law Basic law of the land Bill of Rights definition First 10 amendments to the Constitution US constitution definition Supreme Law of the land 7 articles 27 amendments Massachusetts constitution Definition The commonwealths document that describes how state government is structured and articulates the rights of all residents. Mass Constitution Article 12 (XII) Definition 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. Mass constitution Article 14 (XIV) 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. Statutory Law Written and enacted by legislative branches of state or federal governments. Declare, command, or prohibit something. Case Law Decisions by federal and mass courts, primarily the U.S. Supreme Court, the SJC, and Mass appeals court. Objective "Others" - What a reasonable person would do, act, or believe Subjective "Self" - What an individual person did or believed Reasonable Suspicion 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. Probable Cause Trustworthy facts and circumstances sufficient to convince a person of reasonable caution to believe that it is more likely than not. Probable Cause - in the case of a search. A specific item subject to seizure will be found in the place to be searched. Probable Cause - in the case of an arrest A crime has been committed and the person to be arrested has committed it. Collective Knowledge 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. Veracity Whether the source is reliable or believable Basis of Knowledge Is how the source or witness acquired the information Specific + Articulable facts Area of encounter, Reason for encounter, Officer Training experience, familiarity of defendant, Defendants nervousness or evasive conduct, High crime area Exclusionary Rule Makes any evidence obtained by police in a unreasonable search and seizure inadmissible in court. Fruit of the Poisonous Tree Any evidence directly derived from the illegal search or evidence found incidental to the unlawful search will, generally speaking, be suppressed. Exclusionary Rule Exceptions Attenuation/Purging the taint, Independent source, Defective warrant, Invalid arrest Attenuation/Purging the taint 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. Voluntary Encounters 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. Investigative stops/Threshold inquires/Terry stops Short duration warrantless seizures used to determine if probable cause exist, specifically if a crime has or will be committed Example of Investigative stops/Threshold inquires/ Terry stops 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. Investigative stop/Threshold inquire/Terry stop Limitations Degree of force, Duration, Scope, Location, Questioning, and inferences. Moto Vehicle exit orders are justified where: 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. Frisks Warrantless and limited searches of a persons outer clothing and other areas in his immediate control for weapons and not evidence. What is the legal standard needed to justify a frisk? Reasonable Suspicion What is the legal standard needed to justify a investigative search? Probable Cause Specific and articulable facts that would support a frisk include: 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 of Arrest Seizure that initiate criminal prosecution. Valid MASS warrant must include: Name of person to be arrested, Crime allegedly committed, A command that person named be brought before court, Signature of official. Fugitive Warrant To arrest a person based on a warrant from foreign states or jurisdictions. Jurisdiction