Constitutional Law MPTC
14th Amendment - ✅✅ -Provided the people of all states the right to "Due
Process" and Equal Protection" under the law.
1st Amendment - ✅✅ -Establishes freedom of
religion,speech,press,assembly, and petition.
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.
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.
A visual body cavity search requires what? - ✅✅-Probable cause - and no
touching
Actual authority is defined as? -✅✅ -Person lives in the home with shared
access to the home or the person has a written contract that specifically
empowers that person to allow officers to search.
After you make an arrest without a warrant, and the defendant is not brought
✅✅
to the court. The defendant must see a judicial officer to establish probable
cause exist within what time period? - -24 Hours
Anticipatory Search warrant - ✅✅ -A warrant that takes effect at a specific
future time and not on its issuance.
, Any person present - search warrant - ✅✅
-A search warrant can authorize
officers to search any person present: however officers must have probable
cause that any person present is reasonably involved in the identified criminal
activity.
Apparent authority - ✅✅-When a officer makes a faulty judgment about
someone's actual authority over the home. Mistake must be reasonable.
✅✅
Application for search warrant needs a detailed affidavit including: -
-Statement of probable cause showing property, articles and person to
be seized, Detail of premises, detail of property, articles, vehicles, or person to
be seized.
Areas not part of the Curtilage - ✅✅-Open fields, Abandoned property, Real
property, Garbage
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.
Automobile exception - ✅✅
-Motor vehicles make it easier to remove,
destroy, or relocate evidence. If probable cause exist to believe evidence of a
crime is inside a MV, and the vehicle is located on a public place it allows
officers to search inside the MV where the evidence could reasonably be,
including the trunk, without a warrant.
Basis of Knowledge - ✅✅-Is how the source or witness acquired the
information
Bill of Rights definition - ✅✅-First 10 amendments to the Constitution
Case Law - ✅✅ -Decisions by federal and mass courts, primarily the U.S.
Supreme Court, the SJC, and Mass appeals court.
Citizens Arrest - ✅✅-In MASS a private person may lawfully arrest someone
who has "In fact" committed a felony as long as they have probable cause.
14th Amendment - ✅✅ -Provided the people of all states the right to "Due
Process" and Equal Protection" under the law.
1st Amendment - ✅✅ -Establishes freedom of
religion,speech,press,assembly, and petition.
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.
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.
A visual body cavity search requires what? - ✅✅-Probable cause - and no
touching
Actual authority is defined as? -✅✅ -Person lives in the home with shared
access to the home or the person has a written contract that specifically
empowers that person to allow officers to search.
After you make an arrest without a warrant, and the defendant is not brought
✅✅
to the court. The defendant must see a judicial officer to establish probable
cause exist within what time period? - -24 Hours
Anticipatory Search warrant - ✅✅ -A warrant that takes effect at a specific
future time and not on its issuance.
, Any person present - search warrant - ✅✅
-A search warrant can authorize
officers to search any person present: however officers must have probable
cause that any person present is reasonably involved in the identified criminal
activity.
Apparent authority - ✅✅-When a officer makes a faulty judgment about
someone's actual authority over the home. Mistake must be reasonable.
✅✅
Application for search warrant needs a detailed affidavit including: -
-Statement of probable cause showing property, articles and person to
be seized, Detail of premises, detail of property, articles, vehicles, or person to
be seized.
Areas not part of the Curtilage - ✅✅-Open fields, Abandoned property, Real
property, Garbage
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.
Automobile exception - ✅✅
-Motor vehicles make it easier to remove,
destroy, or relocate evidence. If probable cause exist to believe evidence of a
crime is inside a MV, and the vehicle is located on a public place it allows
officers to search inside the MV where the evidence could reasonably be,
including the trunk, without a warrant.
Basis of Knowledge - ✅✅-Is how the source or witness acquired the
information
Bill of Rights definition - ✅✅-First 10 amendments to the Constitution
Case Law - ✅✅ -Decisions by federal and mass courts, primarily the U.S.
Supreme Court, the SJC, and Mass appeals court.
Citizens Arrest - ✅✅-In MASS a private person may lawfully arrest someone
who has "In fact" committed a felony as long as they have probable cause.
