Elements of Crime
What is motive?
This is the level or proof necessary for a criminal conviction.
What is beyond a reasonable doubt?
This is the name for a search a person has said yes to. (Warrantless)
What is a consent search?
A limited pat down or stop and frisk is only legal if officers are checking for this.
What is a weapon?
This is the area where we have the greatest protection against warrantless searches.
What is in our homes?
This is a homicide where there was malice, but no premeditation.
What is second-degree murder?
This is the level or proof needed for an arrest or a search warrant.
What is probable cause?
What is the "grab area?"
Or
What is the room the person is in?
This amendment was violated by NYPD when they searched bags and/or searched people with no reasonable suspicion.
What is the 4th Amendment?
This word is not in the Constitution, but it is widely understood to be protected by the 4th Amendment.
What is privacy?
This is when it is illegal to NOT do something, such as paying taxes or caring for one's child.
What is a crime of omission?
This is the level of proof needed for a school search, questioning, or a frisk / patdown.
What is reasonable suspicion?
This is the name for the precdent saying police may seize anything they can see through a window or out in the open.
What is "in plain view?"
This amendment was violated when the NYPD frisked young men of color much more often than other groups, despite lower levels of contraband.
What is the 14th Amendment?
The Supreme Court ruled that a suspect must be fleeing AND must pose a risk of serious injury or death for a police officer to use this.
What is deadly force?
This is a crime for which no mens rea (intent) is necessary for prosecution.
What is a strict liability offense?
What is preponderance of the evidence?
Airport screening and border crossings are both examples of this kind of search.
What is a suspicionless search?
(Does not require any evidence about an individual person.)
This is the court case that first made stop and frisk legal with reasonable suspicion.
What is Terry v. Ohio?
This precedent means that evidence obtained during an illegal search or illegal interrogation cannot be used in court.
What is the exclusionary rule?
This is a crime committed in preparation for another crime, such as conspiracy, solicitation, or attempt.
What is an inchoate crime?
This is the level of proof needed for termination of parental rights.
What is clear and convincing evidence?
This is the name for the precdent saying police may follow a fleeing suspect into a building without a warrant.
What is "in hot pursuit?"
This is the mayor who argued the higher stop rate for Black men was due to higher crime rates.
Who is Mayor Bloomberg?
(The NYPD's own data demonstrated that this statement was false.)
Many towns and cities are implementing these to respond to emergency calls that are related to mental health or other non-criminal situations.
What are crisis response teams?