10/6/24, 2:38 AM
LMPT 2305 Exam 1
Jeremiah
Terms in this set (101)
-LEO's must understand Constitutional Law
How does the Constitution apply to LEO
-LEO's protect the rights of others from infringement by other people
behavior
-LEO's protect the people's rights from infringement by the govt
-Articles 1-3 form the law making, enforcement and judicial bodies of the govt
What are the components of the
-Amendments 1-10 outline the rights of the people interacting with the criminal
Constitution that form the criminal justice
justice system. (Search and seizure, trial and bail rights, questioning rights,
system?
sentencing, and incrimination)
Amendments 1-10 are known as... The Bill of Rights
What is the purpose of the Bill of Rights To define the rights and protections of freedoms entitled to US Citizens
First Amendment Rights Freedom of speech, press, religion, and assembly. Generally defined as expression
Fourth Amendment Rights Protection from unreasonable searches and seizures
The right to a grand jury indictment, protection from double jeopardy, right against
Fifth Amendment Rights
self incrimination, due process of law, "takings"
Right to an attorney, right to a speedy and public trial, right to be told charges
Sixth Amendment Rights against you, right to confront (and cross-examine) witnesses, and right to call
witnesses in your favor
Right to be free from excessive bail/fines, property forfeiture, and cruel and unusual
Eighth Amendment Rights
punishment
Forms of expression Speech, written words, gestures, and symbolic acts
-Fighting words
-True Threats
Types of unprotected speech
-Creating clear and present danger
-Obscenity
Personally abusive epithets (descriptive phrases) which when addressed to a
Fighting Words
ORDINARY citizen are likely to provoke violent reaction
A present intent to hurt a citizen now or in the future. Does not include phrases
True Threats
dependent on a condition
Material containing a dominant theme that appeals to prurient interests to the
Obscenity
average person
When is expression protected under the When it does not fall under fighting words, true threats, advocating imminent lawless
First Amendment? action, clear and present danger, or obscenity
Two Prong Test
-Is the speech or expression meant to incite present lawless actions?
Imminent Lawless Actions
-Is it likely to be effective immediately or in the future?
Not punishable if dependent on a condition
What forum are citizens the most protected Public Forums
in exercising their First Amendment Rights?
How can the government regulate By permit restricting the time, place, and manner of expression. MUST BE CONTENT
expression in public forums? NEUTRAL
Clear and Present Danger Bomb threats or inciting panic
1/7
, 10/6/24, 2:38 AM
The powers of the three branches of govt Co-Equal
are...
-Public Forums (Streets, sidewalks, parks, etc.)
Three types of forum for expressions -Non-Public Forums (Military bases or other areas under govt control)
-Private Property/Forums
Unclear direction of when to use said instruments by the Constitution and Supreme
Legal issues with the use of intermediate
Court. Case law can be conflicting in various circuit courts. Justified use is based on
weapons
situational reasonableness
-Protection against civil suits that entitles LEOs to avoid standing trial or facing civil
litigation.
-Protects against reasonable mistakes made by LEO's within the terms of the
Constitution
What are the elements of qualified
immunity?
Two Prong Test
-Was there a constitutional tort?
-Was the conduct in violation of a statutory/constitutional right that a reasonable
officer would have known?
Articulatable and replicable facts of the incident determine reasonableness based
Legal Standards outlined in Graham v.
on the totality of circumstances at the time of the use of force by an objectively
Connor
reasonable officer
SIRF
-Severity of the crime
The "Graham Factors" -Immediacy of the threat to officer safety or the safety of others
-Resisting arrest presently
-Flee (attempt by a suspect to evade arrest)
If there is probable cause to believe that the suspect has committed a crime
When is deadly force objectively
involving infliction or threatened infliction of serious physical harm and deadly force
reasonable?
is necessary to prevent escape and if feasible a warning has been given.
What is the purpose of intermediate To gain control and seize a suspect. NOT to punish
weapons?
-Unwelcome sexual advances
-Requests for sexual favors
What are the elements of sexual -Verbal or physical conduct that influences employment decisions
harassment? -Conduct that unreasonably interferes with an individual's terms, conditions, or
privileges of employment
-Creates an intimidating, hostile, or offensive work environment
2/7
LMPT 2305 Exam 1
Jeremiah
Terms in this set (101)
-LEO's must understand Constitutional Law
How does the Constitution apply to LEO
-LEO's protect the rights of others from infringement by other people
behavior
-LEO's protect the people's rights from infringement by the govt
-Articles 1-3 form the law making, enforcement and judicial bodies of the govt
What are the components of the
-Amendments 1-10 outline the rights of the people interacting with the criminal
Constitution that form the criminal justice
justice system. (Search and seizure, trial and bail rights, questioning rights,
system?
sentencing, and incrimination)
Amendments 1-10 are known as... The Bill of Rights
What is the purpose of the Bill of Rights To define the rights and protections of freedoms entitled to US Citizens
First Amendment Rights Freedom of speech, press, religion, and assembly. Generally defined as expression
Fourth Amendment Rights Protection from unreasonable searches and seizures
The right to a grand jury indictment, protection from double jeopardy, right against
Fifth Amendment Rights
self incrimination, due process of law, "takings"
Right to an attorney, right to a speedy and public trial, right to be told charges
Sixth Amendment Rights against you, right to confront (and cross-examine) witnesses, and right to call
witnesses in your favor
Right to be free from excessive bail/fines, property forfeiture, and cruel and unusual
Eighth Amendment Rights
punishment
Forms of expression Speech, written words, gestures, and symbolic acts
-Fighting words
-True Threats
Types of unprotected speech
-Creating clear and present danger
-Obscenity
Personally abusive epithets (descriptive phrases) which when addressed to a
Fighting Words
ORDINARY citizen are likely to provoke violent reaction
A present intent to hurt a citizen now or in the future. Does not include phrases
True Threats
dependent on a condition
Material containing a dominant theme that appeals to prurient interests to the
Obscenity
average person
When is expression protected under the When it does not fall under fighting words, true threats, advocating imminent lawless
First Amendment? action, clear and present danger, or obscenity
Two Prong Test
-Is the speech or expression meant to incite present lawless actions?
Imminent Lawless Actions
-Is it likely to be effective immediately or in the future?
Not punishable if dependent on a condition
What forum are citizens the most protected Public Forums
in exercising their First Amendment Rights?
How can the government regulate By permit restricting the time, place, and manner of expression. MUST BE CONTENT
expression in public forums? NEUTRAL
Clear and Present Danger Bomb threats or inciting panic
1/7
, 10/6/24, 2:38 AM
The powers of the three branches of govt Co-Equal
are...
-Public Forums (Streets, sidewalks, parks, etc.)
Three types of forum for expressions -Non-Public Forums (Military bases or other areas under govt control)
-Private Property/Forums
Unclear direction of when to use said instruments by the Constitution and Supreme
Legal issues with the use of intermediate
Court. Case law can be conflicting in various circuit courts. Justified use is based on
weapons
situational reasonableness
-Protection against civil suits that entitles LEOs to avoid standing trial or facing civil
litigation.
-Protects against reasonable mistakes made by LEO's within the terms of the
Constitution
What are the elements of qualified
immunity?
Two Prong Test
-Was there a constitutional tort?
-Was the conduct in violation of a statutory/constitutional right that a reasonable
officer would have known?
Articulatable and replicable facts of the incident determine reasonableness based
Legal Standards outlined in Graham v.
on the totality of circumstances at the time of the use of force by an objectively
Connor
reasonable officer
SIRF
-Severity of the crime
The "Graham Factors" -Immediacy of the threat to officer safety or the safety of others
-Resisting arrest presently
-Flee (attempt by a suspect to evade arrest)
If there is probable cause to believe that the suspect has committed a crime
When is deadly force objectively
involving infliction or threatened infliction of serious physical harm and deadly force
reasonable?
is necessary to prevent escape and if feasible a warning has been given.
What is the purpose of intermediate To gain control and seize a suspect. NOT to punish
weapons?
-Unwelcome sexual advances
-Requests for sexual favors
What are the elements of sexual -Verbal or physical conduct that influences employment decisions
harassment? -Conduct that unreasonably interferes with an individual's terms, conditions, or
privileges of employment
-Creates an intimidating, hostile, or offensive work environment
2/7
