Exam (elaborations)
MPTC Constitutional Law– Questions With Solutions
MPTC Constitutional Law– Questions With Solutions
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MPTC Constitutional Law– Questions With Solutions1st Amendment ✔️Ans - Freedom of Religion, Speech, Press, Assembly,
and Petition
not protected: obscenity, fighting words, threats, incendiary speech
2nd Amendment ✔️Ans - Establishes the right to keep and bear arms. It
was intended to protect the individual's right to possess personal firearms
for lawful purpose
4th Amendment ✔️Ans - Prohibits unreasonable searches and seizures
by the government.
5th Amendment ✔️Ans - The Right to Remain Silent/Double Jeopardy,
right to due process
6th Amendment ✔️Ans - The right to a Speedy Trial by jury,
representation by an attorney for an accused person.
informed of charges against them.
8th Amendment ✔️Ans - Protects the people from cruel and unusual
punishment and excessive bail or fines
14th Amendment ✔️Ans - due process and equal protection.
Mass article 12 ✔️Ans - No subject shall be held to answer for any crimes
or offense until charge is described to him. shall not furnish evidence
against them self. Art 12= 5th Am
Mass Article 14 ✔️Ans - Every subject has a right from all unreasonable
searches & seizures of his persons, houses papers and possessions. Art 14=
4th am
Search ✔️Ans - are physical invasions or intrusions of privacy by police
on people, homes or personal property to obtain info or gather evidence
, Seizure ✔️Ans - When police take possession of property, make an arrest
or restrict a person's ability to move freely
Reasonable Suspicion ✔️Ans - "Specific and Articulable facts" which,
when taken together, would convince a person of reasonable caution to
believe that a person has committed a crime, is committing, or is about to
commit a crime. Terry v. Ohio
Probable Cause ✔️Ans - TRUSTWORTHY FACTS & CIRCUMSTANCES . a
specific item subject to seizure will be found in a specific place. a crime has
been committed and the person to be arrested has committed it. Beck v.
Ohio
Voluntary Encounters ✔️Ans - an officer need only approach a citizen
and engage in conversation, including asking questions to get information.
Search Warrants ✔️Ans - Written documents issued by judges that
empowers ofc to search, w/o consent and by force if needed, a defined
place for people or evidence of a crime
Search Warrant Standards ✔️Ans - A. property stolen, embezzled,
obtained by false pretense, or otherwise taken in commission crime
B. property intended or used to commit a crime
C. property that is unlawful to possess or controlled for unlawful purpose
D. dead body
E. body of living person named in outstanding warrant
Search without a warrant ✔️Ans - 1. Plain view
2. Stop and frisk
3. Emergencies
4. Automobiles (Carrol)
5. Lawful arrest
6. Consent
7. No expectation of privacy
Terry Stop/ Threshold Inquiry/ Investigative Stop definition ✔️Ans -
Short warrantless seizures used to determine if PC exists, specifically if a
crime has; or will be committed
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