Freedom of Speech
What is symbolic speech?
Nonverbal, non-written forms of communication.
What's the meaning for probable cause?
That which requires law enforcement to have a reasonable belief that a crime has been committed or that evidence of a crime exists in a specific location.
What does it mean to exercise the First Amendment?
To practice or express their rights as citizens through freedom of speech, press, religion, and assembly.
What is an investigatory stop or detention?
A brief detention by police based on reasonable suspicion of criminal activity.
What is a search?
A search is the process where law enforcement officers examine a person, place, or object to find evidence of a crime.
Is obscenity protected speech?
No, it is not protected speech.
What is reasonable suspicion?
That which allows law enforcement officers to briefly detain and question individuals with specific, articulable reasons to suspect criminal activity.
What does the Second Amendment entail?
The right of the people to keep and bear arms shall not be infringed.
What are the three types of police encounters with the citizens?
Voluntary encounter, investigatory stop, and arrest.
What is a warrant and the three factors you need to secure a search warrant besides probable cause?
A court order authorizing police to search for evidence of a crime. A warrant requires a statement that a crime was committed, specific items associated with the crime, and an explanation that those items will be found in the search area.
What is considered a true threat?
A statement meant to intimidate or scare individuals into believing they will face serious harm from the speaker or their representative.
What is the expectation of privacy?
Freedom from unreasonable government intrusion into personal lives, such as homes, bodies, and communications.
What's does the Fourth Amendment constitute?
Protects people from unreasonable searches and seizures by the government.
What are the two ways an officer will have seized a person or gained their compliance?
Show of legal authority and physical restraint.
What four activities are not treated as searches under the 4th Amendment?
Searches and seizures conducted by non-governmental/private people, abandoned property, the investigation of matters exposed to public view (plain view), and K9 Narcotics sniffs.
What is the meaning behind inciting?
Provoking or stirring up someone to commit a criminal act, or the criminal act itself.
What does the motion to suppress mean?
A request to a judge to not allow certain evidence to be used in a trial.
What's does the Fifth Amendment constitute?
Protects individuals from being forced to testify against themselves in criminal cases.
How does the US Supreme Court determine if the officer’s actions were “reasonable” under the 4th Amendment?
Reasonable man test plus the totality of circumstances.
What are the three exigent circumstances that allow the police to make a warrantless entry into a residence?
Hot pursuit, threat to evidence, and imminent danger.
What is NOT protected speech?
Prompt illegal action speech is not First Amendment-protected. You can't immediately incite crime. Fearful threats are also unprotected.
What is inevitable discovery?
If the prosecution can prove that the evidence would have been discovered legally, illegally obtained evidence is admissible in court.
What does the Sixth Amendment offer us?
The right to have an attorney and a fair trial, which is essential for ensuring justice.
What are the five police behaviors that constitute a seizure?
Arrest, traffic stop, detained/handcuffed, deadly force, show of force (or verbal command).
What are the five exceptions to the Exclusionary Rule?
Inevitable discovery, Good Faith, a valid warrant entry method, discrediting defendant's testimony, and civil and administrative hearings present evidence.