Con Law
What is the difference between a search and seizure?
Search = Physical invasions or instructions of privacy by police on people, homes, or personal property to obtain information or gather evidence
Seizure = Police take possession of property, make an arrest, or restrict a person’s ability to move freely
What is the main difference between relevane and reliability of evidence?
Relevance is how well it relates to the crime. Reliability is how trusted the evidence can, often based on chain of custody.
What 3 elements are required for all MV offenses?
Being operated
On a public roadway
What court case established the objective reasonableness standard for use of force?
Graham Vs Connor
What dollar amount makes larceny a felony?
What is reasonable suspicion and what is probable cause?
Reasonable Suspicion = Belief based on “specific and articulable facts”, which when taken together would convince a person of reasonable caution to believe that a person has committed, is committing, or is about to commit a crime
Probable Cause = Trustworthy facts and circumstances sufficient to convince a person of reasonable caution to believe it more likely than not a crime has been committed, is being committed, or about to be committed, and person arrested has committed the crime
What is exculpatory evidence and what must always be done with it?
What is the one license restriction which does not invalidate the license? Individual can NOT be charged with unlicensed operation.
JOL passenger restriction.
What court case allowed for the limited stop of an individual and what is the required threshold of criminality?
Terry V Ohio. Reasonable Suspicion.
What are the 3 elements of unarmed burglary?
Breaks and enters a dwelling house at night;
With intent to commit a felony; and
Is not armed with a dangerous weapon and does not assault a lawful occupant
Imminent risk of removal or destruction of evidence
Imminent risk of flight by wanted person
The principal party is the person who commits a crime. What is the difference in responsibility of criminal activity between an abetor and an accessory?
Abetors knowingly or intentionally participate in a crime in a meaningful way OR had the intent required for that offense (charged the same as the principal)
Accessories help before or after, and are not required to be present. They just play a significant role in assisting principle parties such as supplying their car guns or serving as a hideout.
What are 3 of the 4 types of citations?
Written warning
CMVI (Civil Motor Vehicle Infraction) (preponderance of evidence standard of proof)
Criminal (clerk magistrate finds probable cause, then a complaint is issued)
Arrest (no clerk’s hearing, and the offender is arraigned)
What court case expanded 5th ammendment rights to protection of self-incrimination, and is now a required step in PRINCIPLES?
Miranda rights.
What are the 3 elements of larceny?
That the suspect took and carried away property;
That the property was owned or possessed by someone other than the suspect; and
That the suspect did so with the intent to deprive that person of the property permanently
When frisking a person search for weapons and weapons only. When conducting a search incident to arrest, we can only search for items which fall into what 3 categories?
Any items which could be used for escape. Any items which could cause harm. Any evidence of the crime which they were arrested for.
What is an example of each type of evidence?
Direct, Physical, Testimonial, Circumstantial
Direct = Personal knowledge or observations. Ex. Video surveillance
Physical = Tangible evidence that can be touched. Ex. Firearm
Testimonial = Statements made. Ex. "He stabbed her."
Circumstantial = Evidence based off inference and not personal knowledge. Ex. suspects fingerprint found at the scene, but could be argued they they were there another time
What are the 8 MV powers of arrest?
ULIARS
Neg or reck Op + Death
Neg or reck Op + SBI
Established in Carroll v US (1925), the Carroll doctrine allows officers to conduct a warrantless search of a motor vehicle. What threshold of belief is required. What must officers believe they will find?
Probable cause to believe evidence of a crime is present.
What are the 4 aggravating factors which increase some crimes to felony level?
Person 60+, disabled, pregnant, child (under 14)
What are the 5 police powers of arrest?
Arrest Warrant
Felony
Misdemeanor, committed in view w/ breach of peace (A&B or Disorderly conduct)
Misdemeanor, committed in view w/ no breach of peace (larceny)
Past Misdemeanor, not in view but with PC (DV, Larceny, Shoplifting) - Summons
What are the statutes of limitations for 3 of the 4 crimes below.
Murder, Sexual assault of a child, Armed Robbery, and Rape
Murder = NO time limit
Sexual Assault involving children = NO time limit, 27 years limitation
Armed Robbery = 10 years
Rape = 15 years
What are the time restrictions for a JOL, and what are the time restrictions for learners permit (under 18)?
JOL = 12:30 AM - 5 AM. Between 1 AM - 4 AM infraction can be the initial stop for the encounter.
Learner's Permit = 12 AM - 5 AM
Established in US v. Dunn (1987) What is curtilage and what are 2 of the 4 Dunn factors used to determine what is and isn't curtilage.
Immediate area surrounding a dwelling where inviduals have reasonable expectation of privacy in their homes.
Distance or proximity from item to dwelling
Is item in a separate enclosure
What is the item or area used for
What steps were taken to restrict public access
What are the 5 elements of breaking and entering?
Breaking - exerting physical force, however slight, to remove an obstruction that bars entry. ”constructive” breaking does not require physical breaking
Entering - any part of the offender’s body or any weapon or tool which is intended to be used to commit a felony, physically enters the premises
Dwelling - tenements, hotels, models, and any place where people are domiciles or may sleep.
Nighttime - Begins 1 hour after sunset and ends 1 hour before sunrise the next day.
Intent - All breaking and entering requires an intent to either commit a felony or a misdemeanor