Authority and Jurisdiction
Jurisdiction
Authority of law
enforcement at different levels/geographic locations--Different agencies enforce laws at
federal, state, and local levels
The statute of Title 42 United States Code § 1983 concerns _________________.
civil rights
The first ten Amendments to the United States Constitution are known as the _____________.
Bill of Rights
A voluntary encounter between police and citizen is defined as a _________________.
Consensual encounter
In this New Mexico case, the court rejected the federal rule from California v. Greenwood and held that residents do retain a reasonable expectation of privacy in their garbage, meaning officers generally need a warrant to search trash bags placed for collection.
State V. Granillo
Federalism
Division of power
between national and state
governments
The ___________ Amendment to the U.S. Constitution prohibits compulsory self-incrimination.
5th Amendment
The right to privacy
Was created by the Supreme Court in Mapp v Ohio
_______________ was a case in which the United States Supreme Court approved brief “stop-and-frisk” seizures to search for weapons.
Terry v. Ohio
In this New Mexico case, the court ruled that consent to search obtained during an unlawful detention is invalid, emphasizing that voluntariness must be evaluated under the totality of the circumstances, including whether the suspect was illegally held.
State v. Leyva
Stare Decisis
To stand by things decided:
Creates consistency: Courts don’t reinvent the law every time; they rely on prior rulings.
Promotes fairness: Similar cases should be treated similarly.
Provides predictability: People and institutions can understand what the law requires.
Unconstitutionally seized evidence can be used as a rebuttal to the testimony of the defendant. This practice is known as _________________.
impeachment
The ____________ Amendment contains the right to a speedy trial.
Sixth Amendment
The case of __________________ changed the procedures for questioning suspects.
Miranda v. Arizona
In this New Mexico case, the court held that officers may enter a home without a warrant when they reasonably believe someone inside needs immediate assistance, but the scope of the entry must be strictly limited to addressing the emergency.
State V. Ryon
Mala in se
Inherently evil acts (e.g., murder, assault)
The _____________ states that unconstitutionally seized evidence will not be admitted at a state trial.
Exclusionary rule
The right to remain silent originates from
The fifth amendment clause that prohibits a person from being compelled to be a witness against themselves
This exception allows officers to seize evidence that is immediately recognizable as contraband while lawfully present in an area.
Plain View Doctrine
The exclusionary rule was extended to all courts in ________________.
Mapp v. Ohio
Mala prohibita
Prohibited by law but not inherently evil
(e.g., traffic violations
The doctrine of ______________________ states that a master (or police agency) is liable for the actions of the servant (or individual police officer).
respondeat superior
No excessive bail
No excessive fines
No cruel and unusual punishment
Eighth Amendment
What is Article II, Section 10 of the New Mexico Constitution
This provision of the New Mexico Constitution provides greater privacy protection than its federal counterpart, requiring that warrantless searches be justified under stricter standards than those applied under the Fourth Amendment.
In this 1914 Supreme Court case, federal agents’ warrantless seizure of papers from a home led the Court to create the exclusionary rule for federal prosecutions.
Weeks v. US