Term
| What is the purpose of the preamble of the constitution? |
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Definition
| States both the purpose of the constitution and specifies that it is the people who are the source of the documents authority. |
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Term
| Article VI, Section 2 of the US Constitution is known as the _________ clause; and it means what? |
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Definition
| Supremecy Clause and declares that the constitution is the "supreme law of the land" as the highest form of law in the land. |
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Term
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Definition
| The law set forth by judges in published judicial decisions. |
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Term
| What is administrative law? |
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Definition
| Rules and regulations promulgated by a governmental agency that is empowered through statutory law to make such rules. |
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Term
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Definition
| The power of the courts to invalidate acts of the legislative or executive branches upon a judicial determination that such acts violate a provision of the US Constitution |
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Term
| What is the Bill of Rights? |
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Definition
| The original 10 amendments to the US Const., applied to the individual states through the 14th amendment. |
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Term
| What does "Total incorporation" mean in regards to the Bill of Rights? |
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Definition
| That the individual state made the entire federal Bill of Rights applicable to the citizens of that state. |
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Term
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Definition
| Generally, the constitutionally guaranteed rights of a person by the virtue of the person's status as a member of civil society, except those rights involving participation in the establishment, support, or management of the govt. |
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Term
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Definition
| a writ, issued by the court, commanding a person detaining or confing another person to bring the body of the person detained before a judicial officer and to show just cause whether the detention is legal. |
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Term
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Definition
| special act of legislature declaring that an individual or group is guilty of a crime and imposing a punishment. Article 1 sections 9 & 10 restrain congress from passing bills of attainder, stating that only the courts have the power to find a person or group guilty of a crime and imposing punishment. |
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Term
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Definition
| A written order or writ issued by a judicial officer or other authorized person commanding a law enforcement officer to perform some act incident to the admission of justice. |
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Term
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Definition
| The fair probability that someone is involved in criminal activity, or that contraband or evidence of a crime will be found in a particular place; Level of proof required to justify the issuance of an arrest warrant or search warrant; all arrests made without a warrant; and searches made without a warrant. |
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Term
| When does probable cause exist? |
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Definition
| When the facts and circumstances within a persons knowledge and of which he or she has reasonable trustworthy information are sufficient in themselves to justify a person or reasonable caution and prudence in believing that something is true. |
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Term
| Recite the 4th amendment of the us constitution: |
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Definition
| 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. |
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Term
| What is the focus of the 4th amendment? |
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Definition
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Term
| Recite the 5th Amendment of the US Constitution: |
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Definition
| No person shall be held to answer for any capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. |
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Term
| The 5th amendment and Wyoming State Constitution Article 1, Section 11 guarantee what? |
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Definition
| the right not to incriminate oneself |
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Term
| Recite the 6th amendment of the US Constitution: |
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Definition
| In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense. |
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Term
| Recite the 8th amendment of the US Constitution: |
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Definition
| Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. |
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Term
| What is the focus of the 8th amendment? |
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Definition
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Term
| Recite the portion of the 14th amendment of the US Constitution relevent to LEO's: |
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Definition
| No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. |
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Term
| What is the focus of the 14th amendment? |
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Definition
Street level: free, unseized people
Detention: Pretrial detainees. |
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Term
| How was the bill of rights incorporated into state law? |
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Definition
| Through the 14th amendment. Ref. Palko V. Conneticut & Benton V. Maryland. |
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Term
| Under what amendment does Double Jeopardy attach? |
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Definition
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Term
| Define: Collateral estopple doctrine. |
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Definition
| An issue of ultimate fact that has once been determined by a valid and final judgement cannot again be litigated between the same parties in any future lawsuit. |
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Term
| Define: Due Process of Law. |
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Definition
| The legal notion, guaranteed by the 5th and 14th amendments, that laws and legal procedures will conform to the rules and principals established in our system of justice for the enforcement and protection of individual rights. |
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Term
| What is exculpatory evidence? |
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Definition
| Evidence that may be favorable to the defendant at the trial either by tending to cast doubt on the defendants guilt or by tending to mitigate the defendant's culpability, therefore potentialy reducing the defendant's sentence. |
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Term
| What is a subpoena ducas tecum? |
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Definition
| A subpoena, usually issued by a court officer, commanding the person to whom it is directed to attend a trial, hearing, or deposition for the purpose of testifying at the proceeding or bringing a named document or object. |
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Term
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Definition
| The prospective jurors for a trial. |
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Term
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Definition
| The actual selection of jurors from the qualified venire panel. |
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Term
| What is the purpose of the voire dire? |
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Definition
| To weed out those members of the venire who would not be fair and impartial jurors. |
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Term
| What is a principal challenge in regards to voire dire? |
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Definition
| The removal of a potential juror because of some relationship to one of the "principals" or participants in the case. |
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Term
| What is "fact-partial challenge" as it regards to voire dire? |
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Definition
| the removal of a potential juror because the dispute presents issuses on which the potential juror is biased, prejudiced, or pre-disposed to a particular outcome because of their belief system, experiences, or media exposure to the case. |
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Term
| What is a "preemptory challenge" in regards to voire dire? |
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Definition
| when a party seeks to strike a venire person whithout good cause to do so. |
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Term
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Definition
| a conclusion or deduction which the law requires the trier-of-fact to make in the absence of evidence to the contrary. The criminal trial starts with two presumptions; the presumption of sanity and the presumption of innocence. |
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Term
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Definition
| they are conclusions or deductions the trier-of-fact may reasonably make based on the facts which have been established by the evidence. |
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Term
| Recite the First Amendment |
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Definition
| Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. |
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Term
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Definition
Facts of the Case: Rochin swallowed drug capsules to dispose of evidence. The police pummeled him and jumped on his stomach in a vain effort to make him throw up. They took him to a hospital where a doctor was instructed by the police officers to administer an emetic by forceably passing a tube into Rochin's stomach. He vomited the capules and was convicted on the basis of the evidence produced from his vomit.
Conclusion: The Court reversed the conviction. The police violated Rochin's right to due process of law. Due process was an admittedly vague concept, but it prohibited "conduct that shocks the conscience." This nebulous approach was mocked in a concurring opinion by Justice Black |
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Term
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Definition
Facts of the Case: Schmerber had been arrested for drunk driving while receiving treatment for injuries in a hospital. During his treatment, a police officer ordered a doctor to take a blood sample which indicated that Schmerber had been drunk while driving. The blood test was introduced as evidence in court and Schmerber was convicted.
Question: Did the blood test violate the Fifth Amendment guarantee against self-incrimination?
Conclusion: No. Justice Brennan argued for a unanimous Court that the protection against self-incrimination applied specifically to compelled communications or testimony. Since the results of the blood test were neither "testimony nor evidence relating to some communicative act or writing by the petitioner, it was not inadmissible on privilege grounds." |
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Term
| When does jeopardy attach? |
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Definition
1 - Jury trial – when the jury is sworn in
2 - Non-jury trial – when the first witness is sworn in
*except in mistrial |
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Term
| Explain the exclusionary Rule |
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Definition
| Any evidence obtained by police using methods that violate a persons constitutional rights must be excluded from use in a criminal prosecution against that person. |
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Term
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Definition
| Supreme Court applied the exclusionary rule to the individual states via the 14th amendment |
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Term
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Definition
| Supreme Court ruled that the exclusionary rule became the principal and would be applied to all cases where a constitutional right was violated. - no longer discretionary |
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Term
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Definition
| Applied the 5th amendment privelege against self-incrimination to the individual states via the 14th amendment as a matter of principle. |
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Term
| Gideon Vs. Wainright (1963) |
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Definition
| Applied the 6th amendment right to appointed counsel to all of the individual states. |
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Term
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Definition
| When state courts apply state constitution to matters of law giving citizens more rights, and giving LEO's more guidance, less room for error. |
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Term
| Define "Derivative evidence" |
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Definition
| secondary evidence - tainted evidence that is directly derived from an unconstitutional search or seizure "fruit of the poisonous tree" |
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Term
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Definition
| If evidence is obtained in a way that is not sufficiently connected between the primary illegality and the evidence is said to be weakened and the evidence is admissible. |
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Term
| Define "Inevitible discovery" |
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Definition
| evidence that would ultimatly or inevitably have been discovered by lawful means. |
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Term
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Definition
| Supreme court adopts inevitable discovery |
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Term
| Unites States Vs. Leon (1984) |
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Definition
| Supreme Court adopted the good-faith exception to the exclusionary rule. |
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Term
| Illinois Vs. Krull (1987) |
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Definition
| Extended the good-faith exception to the exclusionary rule to officers acting in objectively reasonable reliance on a statute that had authorized warrantless administrative searches but was later held to violate the 4th amendment. |
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Term
| Rakas Vs. Illinois (1978) |
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Definition
| Supreme court held that passengers in a vehicle that was stopped, and searched, had no legitimate expectation of privacy in the areas searched. |
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Term
| Katz Vs. United States (1967) |
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Definition
| Supreme court held that a person's status as an over night guest in a home is alone enough to show that the person had an expectation of privacy that society is prepared to recognize as reasonable. Also established that a persons right to privacy does not necessarily pertain to a place, but to anywhere the person has a "reasnoable expectation to privacy". |
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Term
| When does a "search" occur? |
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Definition
| When an expectation of privacy that society is prepared to consider reasonable is infringed. |
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Term
| When does a "seizure" occur? |
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Definition
| When there is some meaningful interference with an individual's possessory interests in that property. |
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Term
| Define probable cause as it pertains to search: |
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Definition
| The facts and circumstances within their [the officers] knowledge and of which they had reasonably trustworthy information [are] sufficient in themselves to warrant a man of reasonable caution in the belief that seizable property would be found in a particular place or on a particular person. |
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Term
| Define probable cause as it pertains to arrest: |
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Definition
| PC exists when the facts and circumstances within the officer's knowledge and of which they had reasonably trustworthy information are sufficient in themselves to warrant a man of reasonable caution in the belief that an offense has been or is being committed by the person to be arrested. |
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Term
| What are the 6 key points of the 6th amendment? |
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Definition
- Speedy Trial
- Jury trial
- Notification of charges
- Confront witnesses against him / cross examine witnesses against him
- Have ability to obtain witnesses in his favor
- Assistance of Counsel |
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Term
| Independent Source Doctrine |
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Definition
| Allows the admission of tainted evidence if that evidence was also obtained through the source wholly independent of the primary constitutional violation. |
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Term
| When can an officer make a misdemeanor arrest? |
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Definition
The officer has probable cause to believe that a misdemeanor has been committed, that the person to be arrested has committed it and that the person, unless immediately arrested:
(A) Will not be apprehended;
(B) May cause injury to himself or others or damage to property; or
(C) May destroy or conceal evidence of the commission of the misdemeanor. |
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Term
What rules were established by
Tennesse Vs. Garner? |
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Definition
1)Defense of their own life
2)Threat of serious physical harm to officers or others
3)To prevent escape of fleeing suspect if there is PC to believe that the suspect has committed a crime involving the infliction or threatened infliction of serious physical harm |
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Term
| Does length of time affect probale cause when applying for a search warrant? |
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Definition
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Term
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Definition
| A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed. |
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Term
| Illinois Vs. Gates (1983) |
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Definition
Facts of the Case:
The Bloomingdale, Illinois Police Department received an anonymous tip that Lance and Susan Gates were selling drugs out of their home. After observing the Gates's drug smuggling operation in action, police obtained a warrant and upon searching the suspects' car and home uncovered large quantities of marijuana, other contraband, and weapons.
Question:
Did the search of the Gates's home violate the Fourth and Fourteenth Amendments?
Conclusion:
The Court found no constitutional violation and argued that the lower court misapplied the test for probable cause which the Court had announced in Spinelli v. United States (1969). Justice Rehnquist argued that an informant's veracity, reliability, and basis of knowledge are important in determining probable cause, but that those issues are intertwined and should not be rigidly applied. He argued that the "totality-of-the-circumstances" approach to probable cause was the correct one to glean from Spinelli, and that the law enforcement officials who obtained a warrant abided by it in this case.
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Term
| Segura Vs. United States (1984) |
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Definition
LEO illegally entered an apartment, secured it, and remained for about 19 hours until a search warrant arrived. Supreme Court alowed admission of evidence discovered during the service of the search warrant (but not during the initial entry). Court found an independant source for the evidence discovered under the search warrant that was separate from the illegal entry which was known to the officers well before the entry.
Est. Independent Source Doctrine |
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Term
| Wyoming Vs. Houghton (1999) |
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Definition
Facts of the Case:
After pulling Sandra Haughton's friend over during a routine traffic stop, a Wyoming Highway Patrol officer noticed a needle in the driver's shirt pocket. Upon learning that the needle was used for drugs, the officer searched the car and Haughton's purse, where he found more drug paraphernalia. Haughton challenged her subsequent arrest on drug charges, alleging that the officer's search of her purse was unconstitutional. On appeal from an adverse appeals court ruling, overturning a favorable trial court decision, the Supreme Court granted Wyoming certiorari.
In a 6-to-3 decision the Court held that so long as there is probable cause to search a stopped vehicle, all subsequent searches of its contents are legal as well. The Court added that such searches are especially warranted if aimed at looking into objects or personal belongings capable of concealing items that are the object of the search. |
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Term
| May police officers, with probable cause to search a car, inspect personal items belonging to its passengers without violating the Fourth Amendment's protection against unreasonable searches? |
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Definition
| Yes, Wyoming Vs. Houghton (1999) |
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Term
| What are the key terms of the 5th amendment? |
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Definition
1) No person shall be held to answer for any capital, or otherwise infamous crime, unless on a presentment or indictment
2) Double Jeopardy
3) cannot be a witness against himself
4) nor be deprived of life, liberty, or property, without due process of law
5) nor shall private property be taken for public use, without just compensation. |
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