Case Law
An officer who conducts a valid traffic stop and frisk and in the process feels a bulge he or she readily recognizes as contraband, may seize the contraband.
what is… minnesota v. Dickerson
The first 10 amendments to the U.S. Constitution?
What is… the Bill of Rights?
A fair probability or reasonable grounds to believe that someone committed a crime, based on the totality of circumstances.
What is… probable cause?
A court order that authorizes law enforcement to conduct a search and seizure.
What is… a search warrant?
First Anendment.
What is… protects the right to free speech, press, assembly, and religion?
Terry V. Ohio
What is… Allows police officers to interrogate and frisk suspicious individuals without probably cause for an arrest, providing that the officer can articulate reasonable suspicion for the stop and frisk?
Two main types of due process? (Bonus points if you define them)
What is…
- Substantive Due Process: the fair and consistent enforcement of the law.
- Procedural Due Process: procedures that must be followed to protect a person’s rights during a criminal justice process.
Four categories of intent. (Bonus points if you define them)
- General Intent: when a suspect intentionally commits an illegal act prohibited by law without considering the results of the illegal act.
- Specific Intent: the intent to commit a crime and the intent to deprive an owner of something permanently.
- Transferred Intent: when a crime is intended to harm one person and inadvertently causes another person to be hurt instead.
- Recklessness: imposes criminal liability on defendants when they did not intent for a behavior to cause the resulting harm.
Four requirements to obtain a search warrant.
What is…
- Authorized and signed by a neutral magistrate or judge
- Must be based on an affidavit that states sufficient facts to establish probable cause
- Bases of the information in the affidavit must come from reliable sources
- The affiant may be anyone but the person serving the warrant must have jurisdiction over the place chosen for the search.
Fourth Amendment.
What is… protects from unreasonable search and seizure?
Probable cause that the item is contraband; allowed to seize contraband.
What is… Sawyer V. State?
A breach of law and is used to broadly describe criminal or non-criminal acts that are punishable under Florida law.
What is… an offense?
Elements of negligence.
What is…
- a duty to act with care
- beach of the duty to act
- causation or proximate cause
- damages
Exceptions to the search warrant requirement.
What is…
- plain view
- mobile conveyance
- exigent circumstances
Eight Amendment.
What is… Protects against cruel and unusual punishment and prohibits the use of excessive bail or fines
Lawful custodial arrest, a full search of the person is not only an exception to the warrant requirement of the Fourth Amendment, but is also “reasonable” search under that amendment.
What is… U.S V. Robinson?
Life incarceration in a state correctional facility without the possibility of parole or probation, a fine of up to $15,000, or both.
What is… a life felony?
Two main categories of damages. (Bonus points if you define them)
What is…
- Compensatory Damages: monetary awards designed to compensate for the actual property damage, harm, or injury that the plaintiff suffers.
- Punitive Damages: penalties intended to punish the defendant for their act and to warn others from doing the same act.
Four additional search warrant exceptions require less than probable cause.
What is..
- consent searches
- inventory searches- administrative searches
- search incident to arrest
Sixth Amendment
What is… Establishes a right to a speedy trial, impartial jury, and assistance of counsel.
Draper V. US
What is… PC exists where facts and circumstances within officers knowledge and court recognizable sources of information are sufficient to warrant belief that an offense has been or is being committed?
Carries a maximum penalty of 30 years in a state correctional facility, a fine of up to $10,000, or both.
What is… a first-degree felony?
You may make a probably cause arrest without a warrant under the following circumstances.
What is…
- The person has committed a felony or misdemeanor or violated a county or municipal ordinance in the presence of the officer.
- The person committed a felony outside of the officers presence, but the officer has probably cause to believe that the person committed it.
- A warrant for arrest has been issued and is being held by another law enforcement officer or agency.
- The person has committed a misdemeanor that does not have to occur in your presence.
Three elements that compose a fourth amendment search.
What is…
- government
- intrusion- REP
Expands the application of the Bill of Rights to state and local governments
What is… the fourteenth amendment?