Constitutional Law MPTC
1st Amendment
Establishes freedom of religion,speech,press,assembly, and petition.
Definition of religion under the 1st amendment
Citizens have the right to worship a god or supreme being (Or not to hold such beliefs).
The government can not require or force observations or compel citizens to follow any
particular religion.
Definition of Speech under the 1st amendment
Protected speech includes spoken and written words, the act of not speaking and
symbolic conduct.
What are the following types of speech not protected by the 1st amendment.
Obscenity, fighting words, threats, incendiary speech.
2nd Amendment
Establishes the right to keep and bear arms. Intended to keep and protect the
individuals right to possess personal firearm for lawful purposes.
4th Amendment
Prohibits unreasonable searches and seizures by the government.
Definition of a Search
Physical invasion or intrusion of privacy by police on people, homes or personal
property to obtain info or gather evidence.
Definition of a seizure
When police take possession of property, make an arrest, or restrict a persons ability to
move freely.
5th Amendment
Prohibits citizens from being punished for the same offense twice (Double Jeopardy)
from being compelled to testify against themselves (Self-Incrimination) provides the
right to indictment for certain types of offenses by a grand jury and guarantees due
process of law.
6th Amendment
Requires all persons charged with a crime be informed of charges against them. People
charged with a crime have a right to council and right to a speedy trial by impartial jury.
8th Amendment
Protects people from excessive bail and fines and prohibits cruel and unusual
punishment.
14th Amendment
Provided the people of all states the right to "Due Process" and Equal Protection" under
the law.
Definition of Due Process
Notice and opportunity to be heard fairly.
Definition of Constitutional Law
Basic law of the land
Bill of Rights definition
First 10 amendments to the Constitution
US constitution definition
Supreme Law of the land 7 articles 27 amendments
, Massachusetts constitution Definition
The commonwealths document that describes how state government is structured and
articulates the rights of all residents.
Mass Constitution Article 12 (XII) Definition
No Subject shall be held to answer for any crimes or offense, until the same is fully and
plainly, substantially and formally, described to him; or be compelled to accuse, or
furnish evidence against him. And no subject shall be arrested, imprisoned, despoiled,
or deprived of his property, immunities, or privileges, put out of the protection of the law,
exiled, or deprived of his life, liberty, or estate , but by the judgement of his peers, or the
law of the land.
Mass constitution Article 14 (XIV)
Every subject has a right to be secure from all unreasonable searches, and seizures, of
his person, his house, his papers, and all his possessions.
Statutory Law
Written and enacted by legislative branches of state or federal governments. Declare,
command, or prohibit something.
Case Law
Decisions by federal and mass courts, primarily the U.S. Supreme Court, the SJC, and
Mass appeals court.
Objective
"Others" - What a reasonable person would do, act, or believe
Subjective
"Self" - What an individual person did or believed
Reasonable Suspicion
Must be based on specific and articulable facts which, when taken together, would
convince a person of reasonable caution to believe that a person has committed, is
committing, or is about to commit a crime.
Probable Cause
Trustworthy facts and circumstances sufficient to convince a person of reasonable
caution to believe that it is more likely than not.
Probable Cause - in the case of a search.
A specific item subject to seizure will be found in the place to be searched.
Probable Cause - in the case of an arrest
A crime has been committed and the person to be arrested has committed it.
Collective Knowledge
Knowledge of one is the knowledge of all. Information held by one may be used to
establish reasonable suspicion or probable cause even if not witnessed firsthand by or
communicated to the officer making the stop, search, or arrest.
Veracity
Whether the source is reliable or believable
Basis of Knowledge
Is how the source or witness acquired the information
Specific + Articulable facts
Area of encounter, Reason for encounter, Officer Training experience, familiarity of
defendant, Defendants nervousness or evasive conduct, High crime area
Exclusionary Rule
1st Amendment
Establishes freedom of religion,speech,press,assembly, and petition.
Definition of religion under the 1st amendment
Citizens have the right to worship a god or supreme being (Or not to hold such beliefs).
The government can not require or force observations or compel citizens to follow any
particular religion.
Definition of Speech under the 1st amendment
Protected speech includes spoken and written words, the act of not speaking and
symbolic conduct.
What are the following types of speech not protected by the 1st amendment.
Obscenity, fighting words, threats, incendiary speech.
2nd Amendment
Establishes the right to keep and bear arms. Intended to keep and protect the
individuals right to possess personal firearm for lawful purposes.
4th Amendment
Prohibits unreasonable searches and seizures by the government.
Definition of a Search
Physical invasion or intrusion of privacy by police on people, homes or personal
property to obtain info or gather evidence.
Definition of a seizure
When police take possession of property, make an arrest, or restrict a persons ability to
move freely.
5th Amendment
Prohibits citizens from being punished for the same offense twice (Double Jeopardy)
from being compelled to testify against themselves (Self-Incrimination) provides the
right to indictment for certain types of offenses by a grand jury and guarantees due
process of law.
6th Amendment
Requires all persons charged with a crime be informed of charges against them. People
charged with a crime have a right to council and right to a speedy trial by impartial jury.
8th Amendment
Protects people from excessive bail and fines and prohibits cruel and unusual
punishment.
14th Amendment
Provided the people of all states the right to "Due Process" and Equal Protection" under
the law.
Definition of Due Process
Notice and opportunity to be heard fairly.
Definition of Constitutional Law
Basic law of the land
Bill of Rights definition
First 10 amendments to the Constitution
US constitution definition
Supreme Law of the land 7 articles 27 amendments
, Massachusetts constitution Definition
The commonwealths document that describes how state government is structured and
articulates the rights of all residents.
Mass Constitution Article 12 (XII) Definition
No Subject shall be held to answer for any crimes or offense, until the same is fully and
plainly, substantially and formally, described to him; or be compelled to accuse, or
furnish evidence against him. And no subject shall be arrested, imprisoned, despoiled,
or deprived of his property, immunities, or privileges, put out of the protection of the law,
exiled, or deprived of his life, liberty, or estate , but by the judgement of his peers, or the
law of the land.
Mass constitution Article 14 (XIV)
Every subject has a right to be secure from all unreasonable searches, and seizures, of
his person, his house, his papers, and all his possessions.
Statutory Law
Written and enacted by legislative branches of state or federal governments. Declare,
command, or prohibit something.
Case Law
Decisions by federal and mass courts, primarily the U.S. Supreme Court, the SJC, and
Mass appeals court.
Objective
"Others" - What a reasonable person would do, act, or believe
Subjective
"Self" - What an individual person did or believed
Reasonable Suspicion
Must be based on specific and articulable facts which, when taken together, would
convince a person of reasonable caution to believe that a person has committed, is
committing, or is about to commit a crime.
Probable Cause
Trustworthy facts and circumstances sufficient to convince a person of reasonable
caution to believe that it is more likely than not.
Probable Cause - in the case of a search.
A specific item subject to seizure will be found in the place to be searched.
Probable Cause - in the case of an arrest
A crime has been committed and the person to be arrested has committed it.
Collective Knowledge
Knowledge of one is the knowledge of all. Information held by one may be used to
establish reasonable suspicion or probable cause even if not witnessed firsthand by or
communicated to the officer making the stop, search, or arrest.
Veracity
Whether the source is reliable or believable
Basis of Knowledge
Is how the source or witness acquired the information
Specific + Articulable facts
Area of encounter, Reason for encounter, Officer Training experience, familiarity of
defendant, Defendants nervousness or evasive conduct, High crime area
Exclusionary Rule
