RBC #1 Exam Questions And Answers| Already
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First Amendment
(Basic rights and freedoms)
LD 2 - Answer✔Freedom of religion,
freedom of speech,
freedom of press,
freedom of assembly,
right to petition the government for a redress of grievances.
- All individuals must be allowed to worship, or not worship as they so choose.
- All individuals have the right to freedom of expression of their ideas
- Individuals who feel they have been wronged have the right to petition the government to
rectify the circumstances
First Amendment Provisions
LD 2 - Answer✔The right to free speech must be reasonable:
- shout "Fire!"in crowded auditorium
- screaming to disturb the peace
- disturb an orderly assembly like a church or court
- incite a riot
- urge others to commit a crime
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- false report of an explosive
4th Amendment provisions
LD 2 - Answer✔Does not give absolute right to privacy nor prohibits all searches
officers may search incident to arrest for weapons or contraband then seize items for evidence
persons home is not refuge for criminals
fresh or immediate pursuit = officers may follow a criminal who has taken refuge in a house or
building without a warrant
Fourth Amendment
LD 2 - Answer✔Freedom from unreasonable search and seizure
- Unreasonable search and seizures are not allowed
- Search and arrest warrants must show probable cause and most specifically identify items or
individuals to be searched or seized
Fifth Amendment
LD 2 - Answer✔Freedom from being tried twice for the same crime, freedom from self
incrimination
- Protection against a second prosecution after acquittal or conviction (double jeopardy)
- Protection against self incrimination
- individuals must be given due process before life, liberty or property taken away
Sixth Amendment
LD 2 - Answer✔When accused of a crime:
- Right to be told of charges when arrested,
- right to a speedy trial,
- Right to a public trial by an impartial jury, - Right to confront witnesses,
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- Right to counsel
Individuals who have been accused of a crime have the right to :
- A speedy and public trial by a jury,
- Be informed of the accusations against them
- Confront their accusers
- Subpoena witnesses for their defense
- Have legal counsel
Eighth Amendment
LD 2 - Answer✔Freedom from excessive bail,
freedom from cruel and unusual punishments
- Excessive bails and fines are not allowed
- Punishment must be reasonable based on the crime
Any violation of the 6th amendment may result in:
(LD 2) - Answer✔exclusion of evidence
dismissal of the case
criminal liability of the officer
Fourteenth Amendment
LD 2 - Answer✔Basic rights of a defendant in a judicial proceeding, the requisites for trial (due
process), right to equal protection of the laws
Equal justice under the law to all persons
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No state may:
- Limit privileges or immunities or US citizens
- Deny due process of the law to any person
- Deny equal protection of the law to any person
Civil Rights statutes - Answer✔U.S. Code, Title 42, Section 1983:
Peace officers are subject to this statute and can be held personally liable if, while acting under
the color of law, they deprive or deny someone a legal right to which the person was entitled.
However, under this section, so long as an officer was acting within the scope of their duties
and they reasonably believed their actions did not violate any federal statutory or
constitutional rights, they may request qualified immunity. Qualified immunity protects the
individual officer from being liable for damages resulting in actual constitutional violations.
U.S. Code, Title 18, Section 241:
This law makes it a federal crime, punishable by a fine or imprisonment up to 10 years, or both:
Peace officers can be prosecuted criminally if they conspire with other persons to deprive
individuals of their legal rights and be incarcerated.
U.S. Code, Title 18, Section 242:
This law makes it a federal crime, punishable by a fine or imprisonment up to one year, or both:
Peace officers can be prosecuted criminally if they apply a law unevenly because of a person's
color, race, or the fact that the person is an alien.
Consensual Contact - Answer✔· reasonable person to believe they are free to leave or
otherwise not cooperate.
· Officer has legal right to be there
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