Freedom of Speech
Derogatory or abusive remarks spoken to another person in a face-to-face encounter
What is fighting words?
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed
What is the 2nd Amendment?
Occurs when police commit a meaningful interference with a person's possessory interest in property
What is a seizure?
What is investigative stop or Terry Frisk?
A pretrial identification procedure in which a group of photographs is shown to the victim or a witness to determine whether an identification can be made
What is photographic identification?
Speech that is crude, coarse, or profane
What is vulgar speech?
No person shall be held to answer for a capital, or infamous crime, unless on a presentment or indictment of a Grand Jury
What is the 5th Amendment?
Searches and seizures performed by private parties, abandoned property, plain view, and canine inspections.
What is a nonsearch investigative activity?
A stop made for a traffic violation in which the officer's real motive is to check a hunch about unrelated criminal activity
What is a pretextual traffic stop?
Writ issued by a federal judge directing the person who has custody of a prisoner to produce the person in court so that the court can decide whether the prisoner is being unlawfully held
What is habeas corpus?
As a result of Young v. America and other cases, there are now three categories of speech
What is fully protected, unprotected, and speech that is limited?
In Suit's at common law, where the value in controversy shall exceed twenty dollars, the right to a trail by jury shall be preserved
What is the 7th Amendment?
Fruits of a crime, instrumentalities of. its commission, contraband, and other evidence of its commission
What is four categories of objects police may seize for use as evidence?
Police words or conduct that would induce a reasonable person to believe he or she was not free to leave
What is show of legal authority?
Physical evidence derived from body characteristics that are routinely displayed to the public, such as one's physical appearance, voice, handwriting, and fingerprints
What is appearance evidence?
The right to gather information, maintain ideas and beliefs, communicate ideas and beliefs to others, engage in symbolic speech
What is the First Amendment concept of speech?
A warrant that authorizes police to search for evidence that is not currently at the specified location, but is expected to be there at the time of the search
What is anticipatory search warrant?
What is fresh pursuit?
Factors that permit the sentencer to show mercy and withhold the death penalty for a crime for which the death penalty is authorized
What is mitigating circumstances?
Speech advocating violence or other unlawful action forfeits First Amendment protection only if the speech is directed toward inciting lawless action
What is incitement to immediate unlawful action?
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States or to the people
What is the 10th Amendment?
Evidence that links a suspect to a crime, clothing worn during the crime
What is mere evidence?
An unconstitutional seizure can ruin a person's reputation, destroy admissibility of evidence, and lead to a civil suit
What is consequences of an unconstitutional seizure?
The test used in federal courts and a majority of state courts to determine when prosecutions brought under different sections of the penal code represent the same offense
What is "same elements" test?