Amendments
The first 10 amendments of the Constitution are known as the _______
What is "The Bill of Rights"
_______ is judge-made law, or often referred to as "Case Law"
What is "Common Law"
"Selective Incorporation" or a double standard in the federal laws and state laws regarding individual rights, was eliminated by the _______ _______ clause in the 14th amendment
What is "Due Process" or "The Due Process Clause"
There are _______ types of jurisdiction
What are "5"
_______ and their _______ may arrest within their county, on property outside their county for which they own, and anywhere within the state for a felony committed in their county"
What are "Sheriffs" and "Sheriff's Deputies"
Non-testimonial identification orders must be requested by a ___________ and approved by a Judge. They cannot be issued by a ___________ or a ___________ provide evidence such as:
Line-ups
Tooth Impressions
Fingerprints
photographs
What is a "Prosecutor" and "Magistrate" or "Clerk"
There are _______ types of due process
What are "2"
An investigative stop, or a "___________ stop" is used to determine if there is probable cause that a crime has, or is being committed, based on the Officer's training and experience creating a "reasonable suspicion"
What is a "Terry Stop"
Arrest Warrants must be returned after ___________ days, but are still valid after that.
What is "180 days"
_______ speech is protected speech under the first amendment. it may contain spoken or written word, or the act of not speaking at all, such as burning the american flag
What is "Symbolic Speech"
There are _______ major articles of the US Constitution
What is 7
The _______ _______ establishes the rights of freedom of speech, religion, assembly and petition
What is the "First Amendment"
_______ is the basic law of the land
What is "Constitutional Law"
The _______ Clause states that the government may not require or enforce religious observations or building a National Church
What is the "Establishment Clause"
_______ jurisdiction refers to a "geographical area in which a law enforcement officer is empowered to act"
What is "Territorial"
City Police Officers may arrest within the city for which they serve, or _______ mile outside of the city limits. They may also arrest on city properties outside of the city limits.
What is "One"
A non-testimonial Identification order must be served at least ___________ hours before the procedure can be conducted
what is "72"
_______ due process guarantees that the government will not take a person's life, liberty or property without notice or the opportunity to be heard
What is "Procedural"
"___________ ___________" is more than a hunch, but less than probable cause
What is "Reasonable Suspicion"
A state electronic repository exists that holds criminal process and arrest warrants, but does not apply to ___________ warrants
What are "Search"
The following 5 types of speech have no First Amendment protection; they are _______ ,_______ , _______ ,_______ ,and _______
What are:
-Hate Speech,
-Obscenity
-Fighting Words
-Threats
-Incendiary Speech
_______ Establishes the structure and function of Congress
What is "Article I"
The _______ amendment states that Congress shall not infringe on the right of the people to bear arms
What is the "2nd"
_______ are written laws enacted by the legislative branch of government called "statutes"
What is "Statutory Law"
Citizens have the right to worship God, a Supreme being or hold any other belief with their conscience, or not any at all, but may prohibit criminal acts under the guise of religion because of the _______ _______ Clause
What is the "Free Exercise Clause"
_______ _______ jurisdiction refers to the types of crimes for which officers are entitled to arrest
What is "Subject Matter"
Local ABC Officers may arrest anywhere within the _______ or _______ for which they are employed, unless limited by a special legislative act.
What is "City" or "County"
Miranda attaches to a person that is _______ and _______ by law enforcement
What is "In Custody" and "Interrogated"
_______ due process guarantees that the notice, hearing and result are fair.
What is "Substantive"
An investigative stop has limitations, and the duration of time should not be more than ___________ minutes
What is "20 Minutes"
An officer that arrests a suspect without the actual warrant in hand but knows that one exists, may arrest the suspect but must serve the warrant ___________ ___________ ___________ ___________
What is "As Soon As Possible"
The First Amendment protects the right to free press and information, however the media and press have no more right to of access than that of civilians. Members of the press may not for example _______ access to a crime scene or_______ law enforcement efforts
What is "Demand" or "Disrupt"
_______ vests the judicial powers of the United states in the Supreme Court
What is "Article III"
The _______ amendment gives an accused individual the right to council and a speedy trial
What is "6th"
_______ law, defines the rights and duties of citizens
What is "Substantive Law"
"_______ _______ " means prohibiting speech before it is made
What is "Prior Restraint"
_______ _______ jurisdiction refers to having the same authority and jurisdiction of a requesting agency on a temporary basis
What is "Mutual Aid"
_______ police officers may only arrest on property owned or possessed by their employer
What are "Company"
A person has been "___________" when, under the circumstances, a reasonable person would not feel free to walk away or drive away from a law enforcement officer
What is "Seized"
When a juvenile is arrested, the principal of the school must be notified within ___________ days
What is "5"
Officers should avoid ___________ a suspect since they are not yet under arrest during an investigative stop
What is "Moving"
A ___________ ___________ is a document that charges a person with a criminal offense. It is issued only if a magistrate determines that probable cause exists that a crime was committed and that the defendant committed that offense.
What is a "Magistrate's Order"
The US Supreme Court created the "_______ Rule" to enforce the 4th amendment's prohibition of illegal search and seizure by making evidence obtained during an illegal search or seizure inadmissible in court
What is the "Exclusionary Rule"
_______ Establishes the Executive Branch of government
What is "Article II"
The 7th amendment preserves the right to "_______- _______- _______ "
What is "Trial by Jury"
_______ law specifies the method whereby substantive law is enforced
What is "Procedural Law"
The motor vehicle exception, or the "___________ ___________" allows officers to seize and search a vehicle as long as it is in plain view and in a ___________ ___________ for which the officer has the right to be there
What is the "Carroll Doctrine" and "Public Place"
_______ _______ is a type of jurisdiction protection that can not be enforced upon foreign diplomats, however they may be issued traffic citations
What is "Diplomatic Immunity"
_______ police officers have territorial jurisdiction on college, university, UNC system institutions, and community colleges
What are "Campus"
A person is "___________ ___________" when their freedom of movement has been significantly deprived, or the officer has verbally expressed it.
What is "Under Arrest"
When an officer makes an arrest of a disabled person, semi-conscious person, or person unable to describe their condition, an officer needs to look for a: ___________ ___________ ___________. If found, the officer MUST make a reasonable effort to provide appropriate medical care
What is a "Medical Alert Bracelet" or "Medical Alert Necklace"
During an investigative stop, or a "Terry Stop", officers may ___________ a suspect if they feel their safety is in danger
What is "Frisk"
A ___________ ___________ charges a crime and orders the accused to appear in court on a designated time and date
What is a "Criminal Summons"
Miranda states that a person has the right to: _______ _______ , to prevent self-incrimination and the right to _______ before answering any questions by law enforcement
_______ Contains the "Supremacy Clause" which states that the Constitutional Laws are the "Supreme Law of the Land"
What is "Article VI" or, Article 6
The 10th amendment establishes the powers not granted to the federal government be granted to the states. These include the powers of marriage, education, voting and "_______ _______ "
What are "Police Powers"
_______ is a Latin phrase, meaning "Of the Body"
What is "Habeas Corpus"
Regardless of the offense leading to the arrest of a suspect, the officer has the automatic right to search the suspect and their "___________ ___________" incident to the arrest. This area does not extend to the interior of a vehicle.
What is "Lunge-able Area"
This type of jurisdiction is used when a fugitive commits a misdemeanor or felony crime in another state and flees to North Carolina. Officers must obtain a fugitive warrant from a North Carolina judicial official.
Officers may arrest without a fugitive warrant if the crime is punishable by more than 1 year in prison
What are "Crimes Committed in Other States"
A ___________ ___________ may detain another person if they have probable cause to believe a suspect committed in their presence; a felony, a breach of peace, an offence involving physical injury to a person, or an offence involving theft or destruction of property
What is a "Private Person"
Voluntary encounters , also known as ___________ ___________, are short and voluntary
What are "Consensual Encounters"
If an officer arrests a deaf person, that officer must immediately find and provide a ___________ ___________ before questioning or reading of their Miranda rights
What is a "Qualified Interpreter"
The 4th amendment only protects a "___________ ___________" of privacy. thus, something left open, abandoned or in "___________ ___________"; courts have found no objectivity in these circumstances
What is a "Reasonable Expectation" and "Plain View"
A ___________ ___________ ___________ process is issued by a judicial official that orders law enforcement to take a named person into custody
What is an "Order for Arrest"
The Supreme Court defined "_______ _______ " as "a system of rights based on moral principles so deeply embedded in the traditions and feeling of our people as to be deemed fundamental to a civilized society"
What is "Due Process"
_______ Defines the duties that states owe each other
What is "Article IV" or Article 4
The _______ amendment prohibits illegal searches and seizures
What is the "4th"
The Constitution grants _______ procedural safeguards to persons accused of crimes
What is "4"
An officer MAY search the entire passenger compartment of a vehicle if, First, the occupant being arrested is ___________ and within reaching distance of the passenger compartment. Second, the officer may search other areas of the vehicle such as the glove box or trunk if the officer believes that there is evidence directly pertaining to the crime for which they are being arrested.
What is "Unsecured"
There are 4 types of limited subject matter jurisdiction agencies which include: _______ ,_______ ,_______ and _______
What are:
-Highway Patrol
-DMV Officers, agencts and Inspectors
-Wildlife Enforcement Officers
-Probation and Parole
Under North Carolina Law, officers must ___________ and ___________ before entering a residence, even though doing so may increase the chance of evidence being destroyed
What is "Knock" and "Announce"
Officers need ___________ ___________ to stop, or "seize" a person and detain them
What is "Reasonable Suspicion"
Any use of force, including non-deadly force, by an officer will indicate that a suspect is ___________ under the 4th amendment an thus must be ___________
What is "Seized" and "Reasonable"
People have a reasonable expectation for privacy for their home, and the ___________ of their house
What is "Curtilage"
A ___________ is a directive that is issued by a law enforcement officer, that a person appears in court to answer for a misdemeanor or infraction charge or charges
What is a "Citation"
First amendment rights, especially the right to assembly, are not absolute. The are subject to reasonable _______ ,_______ , and _______
What are "time, place and manner"
_______ Provides the procedures to amend the Constitution
What is "Article V" or Article 5
The _______ amendment prevents the quartering of troops in a private home
What is "3rd"
Article III, section 2 requires that all criminal cases, except impeachment, be tried by _______
What is "Jury"
An officer may search or, "frisk" an individual ONLY if the officer has an "articulate-able, reasonable suspicion" and a ___________ ___________ ___________.
What is a "Fear for Safety"
_______ and_______ pursuit may allow an officer to pursue a suspect anywhere in NC and make the arrest.
What is "Immediate" and "Continuous"
The use of deadly force is authorized and must be proved to be "___________ ___________ " based on the officer's belief that deadly force was needed, and the officer's belief must be "___________". meaning based on the facts and the circumstances, a threat of death or serious bodily harm appear to be present and imminent
What is "Reasonably Necessary" and "Reasonable"
A ___________ can occur when an officer (1) applies physical force to a suspect, or (2) Issues a show of authority ( Command a suspect to stop, turns on blue lights, and the suspect submits to the show of authority)
What is a "Seizure"
A private person detaining a suspect must ___________ ___________ law enforcement
What is "Immediately Notify"
Plain view may be enhanced by the assistance of special devices such as ___________ or a ___________ to clarify an object. However, Officers can not use a device to create "plain view" such as a high powered telescope or night vision goggles
What are a "Flashlight" or "Binoculars"
An officer may print a copy of a warrant from NC's electronic repository known as ___________
What is "NCAWARE"
___________ ___________ MUST be made when a foreign national is arrested, and is on the list provided by the Department of State requiring such notice governed by the Vienna Convention
What is "Consular Notification"
_______ Contains the requirements for the original ratification of the constitution
What is "Article VII" or Article 7
The _______ amendment specifies the rights of persons accused of crimes
What is the "5th"
A _______ is a special act act of the legislature inflicting punishment on a person without a conviction through judicial proceedings
What are "Bills of Attainder"
A "___________ ___________" may be conducted inside a vehicle if an officer has reasonable suspicion that an occupant is armed, or may gain access to a weapon. These areas must be of size and shape to contain such weapons
What is a "Car Frisk"
To maintain the power to arrest an individual anywhere in NC, an Immediate and Continuous pursuit is authorized so long as the officer does not _______ or _______
What is "Stop" or "Do Something Else"
Without consent or ___________ ___________, the arresting officer must have an arrest warrant in their possession and probable cause to believe the defendant is inside
What are "Exigent Circumstances"
"___________ ___________" means that a crime has been committed, and the suspect has probably committed it
What is "Probable Cause"
Officers can not rely on the consent of a school principal to search a student's locker. Only a ___________ ___________ may search a student's locker, and law enforcement is not considered a ___________ ___________.
What is a "School Official"
A person must have "___________" of a home, property or area to legally give consent to a search or entrance.
However if two people have equal ___________, then both must agree to the search or admittance of a law enforcement officer.
What is "Control"
If a juvenile is arrested, a ___________ ___________ will be issued by a juvenile court Councillor. This is the equivalent of an adult receiving a magistrate's order
What is a "Juvenile Petition"
Only Judicial Officials may issue a search warrant.
Appellate or Superior Court Judges may issue a warrant valid anywhere in their ___________
District Court Judges may issue anywhere in their ___________
Clerks and Magistrates may issue anywhere in their ___________
What are "State", "District" and "County"
"_______ _______ " is a provision in the 5th amendment that states you can not be punished for the same crime twice
What is "Double Jeopardy"
"_______ and_______ punishments are prohibited by the 8th amendment
What are "Cruel" and "Unusual"
_______ _______ _______ laws are illegal because they attempt to make certain conduct illegal after the fact
What are "Ex Post Facto"
In order to receive or obtain an "___________" search warrant, the officers must convince the court that the events currently taking place will lead to probable cause for the search warrant in the immediate future
What is an "Anticipatory"
An officer does not need to keep the offender "_______ _______" at all times during an Immediate Pursuit
What is "In Sight"
If a law enforcement officer asks a private person to assist them, that person now has equal ___________ and is under the same protections as the officer, such as worker's compensation and immunity from criminal or civil prosecution
What is "Authority"
"___________" is the release of all information and all files pertaining to a case to the prosecutor's office. Failure to do so willingly will be a class H felony
What is "Discovery"
A manager of a store can give consent to search a store or the entire property of the store, except for areas where they have relinquished control, such as a ___________ ___________ or a ___________ ___________.
What is an "Employee Locker" or "Employee Desk"
Even if a homeowner consents to a search of their home, they can not give permission to an area where another person has ___________ ___________. This would include a guest room with a guest occupying the room, or an older child's room and their personal possessions. A homeowner may also give ___________ ___________ to only certain areas or rooms of the home, and/or for a limited time.
The parents may allow the search of a young child's room, but the older the child, the less clear the parent's authority to allow the search.
What is "Exclusive Privacy" and "Limited Consent"
Searches conducted by consent and without a search warrant, must be contained to the scope of the search for which a reasonable person would expect officers to search. For example, general consent to search a vehicle does not extend to dismantling a car. Similarly, a search of a person does not extend to conducting a ___________ ___________
What is a "Strip Search"
Search and Seizure of "___________ ___________" requires a search warrant. This warrant can only be requested by the District Attorney (DA) or the Assistant District Attorney (ADA)
What are "Obscene Materials"
"_______ -_______ " preserves the common law rule that a State can not compel a person to furnish statements against one's self
What is "Self-Incrimination"