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1st Amendment - ✔✔Freedom of Religion, Speech, Press, Assembly, and Petition
4th Amendment - ✔✔Freedom from unreasonable searches and seizures by the government
5th Amendment - ✔✔The Right to Remain Silent/Double Jeopardy, right to due process
8th Amendment - ✔✔No excessive bail, or cruel and unusual punishment
Civil Liability - ✔✔Potential responsibility for payment of damages or other court-imposed sanction in a lawsuit. (You can be sued for violating a persons constitutional rights).
Jurisdiction - ✔✔The specific geographical area where a police officer can arrest or serve (provided that they are in uniform or displaying a badge of office).
Reasonable Suspicion - ✔✔Specific articulable facts which, when taken together, would convince a reasonable person to believe that a suspect is involved in a crime.
Probable Cause - ✔✔Facts and circumstances sufficient to convince a reasonable person to believe that:
A) A crime has been committed and that the person to be arrested committed it.
B) A specific item subject to seizure will be found
MPTC Final
Seizure - ✔✔When police take possession of property, make an arrest, or restrict a persons ability to move freely.
Search - ✔✔The physical invasion or intrusions of privacy by police on people, homes or personal property to obtain information or gather evidence.
Frisk - ✔✔A warrantless and limited search of a persons outer garments and area of control by police to discover weapons.
Arrest Warrant Requirements - ✔✔1. Name of person to be arrested
- The crime allegedly committed by person named
- A command that the person named in the warrant be brought before the court
- Signature of the official issuing the warrant.
Arrest without a warrant - ✔✔A) for a felony in the officer's presence or with probable cause
B) A crime committed in the officer's presence that amounts to a breach of the peace.
C) Certain misdemeanors committed in the past when arrest is authorized by statute.
D) Certain misdemeanors committed in an officer's presence
Search incident to arrest - ✔✔A search of a person and their area of control after arrest looking for fruits, instrumentalities, and evidence of the crime for which they have been arrested.
Physical Evidence - ✔✔Tangible items/object that may be direct or circumstantial evidence
Testimonial Evidence - ✔✔Includes statements made by, victims, witnesses, suspects and police.
Circumstantial Evidence - ✔✔Evidence that relies on an inference to connect to a conclusion of fact.
Exculpatory Evidence - ✔✔Evidence or statement that tend to clear, justify or excuse a defendant from fault.
Relevant Evidence - ✔✔Evidence tending to make a fact a more or less probable than it would be without the evidence.
Reliable Evidence - ✔✔Evidence that has not been tampered with and is in substantially the same condition as originally seized by police when presented to the court.
