A
All claims that law enforcement officials have used excessive force -- deadly or not -- in the course of an arrest, investigatory stop, or other "seizure" of a free citizen are properly analyzed under the Fourth Amendment's "objective reasonableness" standard, rather than under a substantive due process standard.
Graham V Conner
"__________” ➢ Allows for the search of a vehicle. without a warrant as long as there is probable cause to believe that is probable cause to believe that the vehicle contains contraband or evidence of a crime.
Carroll Doctrine
Intent to hinder, delay, prevent the discovery, detection, apprehension, prosecution or punishment for the commission of a crime (to harbor, conceal, warn, provide with money/transport/disguise/destroy evidence/obstruct/)
Accessory to a crime
If possesses drug paraphernalia and knows/reasonably should know drug paraphernalia could be used under circumstances
Possession of Drug Paraphernalia
Drug Petty Offense
Age of consent
What case created the Plain view Doctrine?
Coolidge v. New Hampshire.
Plainview DOCTRINE
Child Abuse, Criminal Code age
Under 16
Two or more fight by agreement in public place, unless lawfully organized event. If they fight with deadly weapons - irrelevant if public or private place
Fighting by agreement - dueling
Petty Offense // Felony with a DW
Knowingly eludes or attempts to elude PO also operating a vehicle, operating recklessly
Vehicular Eluding
F5, F4 causing BI, F3 causing death
severely restricted the circumstances under which law enforcement officers may use deadly force to arrest a suspect.
Tennessee v. Garner
High potential for abuse, no current accepted medical use and lacks accepted safety for use under medical supervision; heroin/mescaline (hallucinogen or psychedelic drug)/MDMA (ecstacy)/GHB (rape drug)/ LSD (hallucinogen)
Schedule 1 definition
Without legal authority, removes body/remains from grave without consent of person with right to dispose of, or treats body/remains in manner which would outrage normal family sensibilities
Abuse of a corpse
Felony
Jimmy and his GF have been going through a rough patch in their relationship and Jimmy suspects his GF to be cheating on him. Jimmy confronts her and an argument pursues. During this argument, Jimmy slaps his GF in this face causing bleeding from the lip and bruising on the face. When the GF tries calling 911, Jimmy takes the phone from her and smashes it on the ground. The phone was worth $850.00 dollars.
What is/are the charge(s)?
DV- Assault 3 -Misdemeanor
DV- Criminal Mischief - Misdemeanor
DV- Obstruction of a telephone- Misdemeanor
Offers, confers, agrees to confer any monetary benefit upon a public servant with intent to influence their role, or, while a public servant, accepts/agrees to accept any monetary benefit
Bribery
Felony
Later known as the “stop and frisk” case,_____ represents a clash between Fourth Amendment protection from intrusive, harassing conduct by police when no crime has been committed, and the duty of an officer to investigate suspicious behavior and prevent crime
Terry V. Ohio
Knowingly or recklessly discharges firearm into any dwelling, building, or occupied structure, or into motor vehicle occupied by any person
Illegal Discharge of a firearm
Felony
On John's way home from work stops at the local loaf n' jug for a soda. When he gets inside, he realizes he doesn't have enough money for his soda. John sees that the cashier isn't watching him so he attempts to run out the door. In the process, the cashier sees him trying to steal and locks the doors. John then breaks out the glass on the doors and climbs out. The soda was 2 dollars and the glass doors were estimated to be about $3500.00 dollars.
What are you charging?
Theft- Petty Offense
Criminal Mischief - Felony
Unlawfully enters or remains in or on property of another
3rd Degree Criminal Trespass
Petty Offense
Possess tools adapted or used for forced entry and intends to use
Possession of Burglary Tools
Felony
Miranda v. Arizona
Right of every person, regardless of race, color, religion, disability, sexual orientation, to be secure and protected from fear, intimidation, harassment and physical harm. With intent to harass or intimidate another person because of that person's perceived race, color, religion, disability, etc knowingly causes BI, or by words/conduct places person in fear of lawless action directed at that person or person's property and actions are likely to cause BI or damage property.
Biased Motivated crimes
Knowing insufficient funds, draws check with intent to defraud
Fraud By Check
$2000 and over - Felony
Intent to cause disruption or impairment of public by utility or health or safety institution
1st Degree Criminal Tampering
Misdemeanor
Induces, aids, encourages child under 18 to violate federal or state law, municipal or county ordinance or court order
Contributing to the Delinquency of a minor