5. right remain silent, grand jury indictment, due process of law, double jeopardy
6. due process- speedy trial, jury, counsel, venue
7. Civil Suits (exceed $20.00)
8. cruel/unusual punishment and excessive bail
9. That which is not in the constitution does not mean you don't have the right
10. That which is not delegated to the constitution is reserved for the states
What does the 4th amendment state? ANSWER The right of the people to be secure in
their persons, houses, papers, 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 persons or things to be seized.
What is a brief encounter?- ANSWER "hey can I talk to you?"
Suspect free to leave
What is a brief detention?- ANSWER "hey stop"
Suspect no longer free to leave. need RS and is a brief detention to rule in or rule out
any criminality.
,What is reasonable suspicion? -ANSWER when you can articulate specific facts, taken
together with rational inferences from those facts, that would lead a reasonable LEO to
think a crime is being committed, was committed, or had been committed
What is a Terry frisk? - ANSWER A pat down of the body and outer clothing for weapons
that is justified by an officer's belief that a suspect is armed and dangerous, designed to
find weapons
probable cause - ANSWER exists where the facts and circumstances within a LEOs
knowledge and of which they had reasonable, trustworthy information are sufficient in
themselves to warrant a person of reasonable caution in the belief thay an offense has
been, is about to, or is being committed
bench mark is the average citizen, can arrest here and request SW
What is a seizure? - ANSWER when a reasonable person feels they are not free to leave
(blue lights is a seizure in TN)
what is the scope of a seizure? - ANSWER 1. purpose
2. physical intrusion on liberty
3. length of time
how is reasonable expectation of privacy judged? - ANSWER Katz Test
1. person exhibited an actual expectation of privacy
2. one society is prepared to accept as reasonable
what is the exception to the 4th Amendment Search Warrant? - ANS 1. consent
2. exigent circumstances
3. plain view
4. incident to arrest
5. frisk (terry search)
, 6. open fields
7. protective sweep
*PC is not an exception to a search warrant
what is the exclusionary rule? - ANS evidence obtained illegally cannot be used against
a person in court
what are exceptions to the exclusionary rule? - ANS 1. good faith exception
2. inevitable discovery rule
Miranda applies when ________. ANSWER 1. custody
2. interrogation
3. agent of the government
Miranda does NOT apply when ________. ANSWER 1. not in custody
2. person volunteers info
3. general scene questions
4. most traffic stops
5. routine booking questions
6. if questioning is done by private persons (no police guidance)
7. public safety rule (where's the gun)
8. rescue doctrine
9. inevitable discovery
what case established the standard for use of force? -ANSWER Graham v. Connor
-objective reasonable standard based on information the officer had at the time, severity
of the crime, danger to officer, risk of flight
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