General
body of law dealing with the private rights of individuals, as distinguished from criminal law
What is Civil Law
Landmark case that created the exclusionary rule
What is Weeks v US
Differs from arrests in that they are shorter in duration and do not require probable cause
What is an investigatory stop
It depends.
What is the correct answer
A particularized suspicion, based on all the circumstances that a particular individual, the one detained, is breaking, or has broken, the law
What is reasonable suspicion
a legal concept that establishes procedures to insure an individual's rights and liberties in all legal proceedings found in 5th and 14th amendments
What is Due process
Landmark Supreme Court case, which applied the exclusionary rule to the states.
Mapp v Ohio
When an office takes a person into custody and holds him to answer for a criminal charge
What is an Arrest
This group of persons have diminished Fourth Amendment rights
Probationers and Parolees
Area immediately surrounding home
What is curtilage
Sufficient reason, based on existing facts that a crime has been committed or that property is evidence of a crime, a required element for a legal search and seizure
What is Probable cause
Landmark case where Court found an expectation of privacy in penumbra of Bill of Rights
What is Griswold v Conn
Of the following it is NOT necessary to obtain an arrest warrant - a neutral magistrate, an affidavit, name of person, criminal history.
What is criminal history
The general rule for search and seizure
What is get a warrant?
In regard to searches, the Supreme Court has declared the legality of the search should depend on this, under all circumstances, of the search.
What is reasonableness
a legal document authorizing a law enforcement official to take some action issued by a magistrate
What is Warrant
Landmark case credited for creating "stop and frisk" based on reasonable suspicion
Terry v Ohio
The New Mexico equivalent of the Fourth Amendment.
What is Article II Section 10
A type of search designed to “allow the officer to conduct an investigation without fear of violence.”
What is a pat down search?
The three branches of government
What are executive, legislative and judicial
"The right of people to be secure in their persons, houses, paper, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized."
What is The Fourth Amendment
The US Supreme Court case which established for the purposes of the Fourth Amendment, a seizure requires either physical force or submission to an assertion of authority.
What is California v. Hodari D
Officers must obtain it voluntarily but need not warn of the right to refuse
What is consent
They are powerful investigative tools that police use to gather evidence against suspects and the Supreme Court has decided that they do not violate the Fourth Amendment but New Mexico does not permit
What are Pretextual stops
New Mexico case which clarified an officer making a valid investigatory stop may ask questions unrelated to the reason for the stop as long as the officer has independent reasonable suspicion of officer safety, or consensual encounter
What is State v Leyva