Exam (elaborations)
Constitutional Law MPTC
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Constitutional Law MPTC
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Constitutional Law MPTC14th amendment - ✅✅ -Provides the people of all states the right to "due
process" and " "equal protection" under the law"
1st admendment - ✅✅ -Establishes freedom of religion, speech, press,
assembly, and petitions
S.P.A.R
2nd amendment - ✅✅-Right to keep and bear arms
4th amendment - ✅✅-Prohibits unreasonable searches or seizures by the
government (Police)
5th amendment - ✅✅ -Prohibits citizens from being prosecuted for the same
offense twice ( double jeopardy) and from being compelled to testify against
themselves
( self-incrimination)
6th amendment - ✅✅ -Requires all person charged with a crime to be
informed of charges against them.
People charge its with a crime have the right to counsel and speedy trial by
impartial jury.
People charged with a crime also have a right to compel witness to appear
and testify on their behalf
8th amendment - ✅✅ -Protects people from excessive bail or fines and
prohibits cruel and unusual punishment
A person is seized by the police when, - ✅✅ -1. A person's belief of not being
free to leave is not automatically a seizure under the 4th Amendment unless
there are objective facts
that make such belief reasonable.
,2. An officer's belief that a person is not free to leave is not automatically a
seizure under the 4th Amendment unless the officer says or does something
that would make a reasonable person believe he was not free to leave.
3. The more intrusive the seizure, the more proof police need of criminal
activity. For example, to arrest a person for a crime, police need probable
cause whereas reasonable suspicion is needed to detain a person temporarily
to investigate a possible crime.
A valid arrest warrant must include the following - ✅✅-Name of person and
aliases
Crime allegedly committed by person named.
A command that person in the warrant be brought before court.
Signature of official issuing the warrant.
Can check in WMS
Abandoned property - ✅✅ -The courts do not recognize a reasonable
expectation of privacy interest in abandoned property. However, owners who
abandon property involuntarily may still retain a reasonable expectation to
privacy. The suspect did not abandon the bag he was carrying after throwing it
onto the hood of his car when approached by police.
Smith v. Ohio, 494 U.S. 541 (1990)
The suspect did not surrender his expectation of privacy when he threw his
briefcase out a window and into the fenced-in yard of his home when police
converged on his home. Commonwealth v. Straw, 422 Mass. 756 (1996)
Anonymous tip - ✅✅ -Can provide police with reasonable suspicion to stop a
motor vehicle so long as the tip provides specific details that are consistent
with an eyewitnesses account and those details are further corroborated by
police
Anticipatory warrent - ✅✅ -An anticipatory search warrant must possess
probable cause showing evidence of a crime will be located at a specific place
and time. The affidavit must define a "triggering event" for when the warrant
can be legally executed. Commonwealth v. Staines, 441 Mass. 521 (2004)
, Anticipatory warrants are typically used for seizures of contraband in transit.
Any person present warrant - ✅✅ -Officers must have probable cause that
"any person present" during the execution of a search warrant is reasonably
involved in the identified criminal activity.
Commonwealth v. Smith, 370 Mass. 335 (1976)
The following details need to be in the search warrant application:
a) What is the size of place to be searched?
b) Do persons at the place to be searched
rotate, shift or change frequently (e.g.,
place where drugs are sold)?
c) Is evidence to be seized small enough to be
concealed on a person?
Application for search warrant - ✅✅ -M.G.L. 276 §2A and §2B require police
officers to appear
personally before an authorized court official to issue search warrants in
criminal cases and complete a detailed affidavit with supporting information to
include the following:
• Statement of probable cause showing property, articles, and persons to be
seized will be found at place listed on search warrant.
• Detailed descriptions of all premises to be searched.
• Detailed descriptions of property, articles, vehicles, or persons to be seized.
Descriptions of property, persons, and premises must be specific and detailed,
enough so that anyone unfamiliar with the investigation would know where to
go, who to arrest, and what to seize.
• Explanation for any special circumstances as required.
Arrest -✅✅ -Are seizures that initiate criminal prosecution. Arrest are the
most intrusive type of seizures under the 4th amendment because they
involve forcible restraint that deprives a person of liberty and freedom of
movement. Therefore the higher standard of probable cause is required for all
arrest.
Arrest with a warrent -✅✅ -Are court written orders that command police to
take into custody and bring to court the person name on the warrant.
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