Exam (elaborations)
Constitutional Law MPTC 2024
- Course
- Institution
Constitutional Law MPTC 2024
[Show more]
Seller
Follow
EXAMQA
Reviews received
Content preview
Constitutional Law MPTC14th Amendment - ✅✅ -Provided the people of all states the right to "Due
Process" and Equal Protection" under the law.
1st Amendment - ✅✅ -Establishes freedom of
religion,speech,press,assembly, and petition.
2nd Amendment - ✅✅ -Establishes the right to keep and bear arms.
Intended to keep and protect the individuals right to possess personal firearm
for lawful purposes.
4th Amendment - ✅✅-Prohibits unreasonable searches and seizures by the
government.
5th Amendment - ✅✅ -Prohibits citizens from being punished for the same
offense twice (Double Jeopardy) from being compelled to testify against
themselves (Self-Incrimination) provides the right to indictment for certain
types of offenses by a grand jury and guarantees due process of law.
6th Amendment - ✅✅ -Requires all persons charged with a crime be
informed of charges against them. People charged with a crime have a right to
council and right to a speedy trial by impartial jury.
8th Amendment - ✅✅ -Protects people from excessive bail and fines and
prohibits cruel and unusual punishment.
A visual body cavity search requires what? - ✅✅-Probable cause - and no
touching
Actual authority is defined as? -✅✅ -Person lives in the home with shared
access to the home or the person has a written contract that specifically
empowers that person to allow officers to search.
After you make an arrest without a warrant, and the defendant is not brought
✅✅
to the court. The defendant must see a judicial officer to establish probable
cause exist within what time period? - -24 Hours
Anticipatory Search warrant - ✅✅ -A warrant that takes effect at a specific
future time and not on its issuance.
, Any person present - search warrant - ✅✅
-A search warrant can authorize
officers to search any person present: however officers must have probable
cause that any person present is reasonably involved in the identified criminal
activity.
Apparent authority - ✅✅-When a officer makes a faulty judgment about
someone's actual authority over the home. Mistake must be reasonable.
✅✅
Application for search warrant needs a detailed affidavit including: -
-Statement of probable cause showing property, articles and person to
be seized, Detail of premises, detail of property, articles, vehicles, or person to
be seized.
Areas not part of the Curtilage - ✅✅-Open fields, Abandoned property, Real
property, Garbage
Attenuation/Purging the taint - ✅✅ -When unlawful police action leads
indirectly to discovery of evidence or subsequent events reduce the impact of
the unlawful action the court may decide that the evidence was so removed
from the misconduct that it will not be suppressed.
Automobile exception - ✅✅
-Motor vehicles make it easier to remove,
destroy, or relocate evidence. If probable cause exist to believe evidence of a
crime is inside a MV, and the vehicle is located on a public place it allows
officers to search inside the MV where the evidence could reasonably be,
including the trunk, without a warrant.
Basis of Knowledge - ✅✅-Is how the source or witness acquired the
information
Bill of Rights definition - ✅✅-First 10 amendments to the Constitution
Case Law - ✅✅ -Decisions by federal and mass courts, primarily the U.S.
Supreme Court, the SJC, and Mass appeals court.
Citizens Arrest - ✅✅-In MASS a private person may lawfully arrest someone
who has "In fact" committed a felony as long as they have probable cause.
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller EXAMQA. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $7.99. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
75632 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now