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Constitutional Law MPTC

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Specific + Articulable facts - answer-Area of encounter, Reason for encounter, Officer Training experience, familiarity of defendant, Defendants nervousness or evasive conduct, High crime area Exclusionary Rule - answer-Makes any evidence obtained by police in a unreasonable search and seizure inadmissible in court. Fruit of the Poisonous Tree - answer-Any evidence directly derived from the illegal search or evidence found incidental to the unlawful search will, generally speaking, be suppressed. Exclusionary Rule Exceptions - answer-Attenuation/Purging the taint, Independent source, Defective warrant, Invalid arrest Attenuation/Purging the taint - answer-When unlawful police action leads indirectly to discovery of evidence or subsequent events reduce the impact of the unlawful action the court may decide that the evidence was so removed from the misconduct that it will not be suppressed. Voluntary Encounters - answer-Police do not need any legal justification to approach, talk with, or ask questions of any citizens in a public place, so long as the citizen is willing to listen and voluntarily answer. Investigative stops/Threshold inquires/Terry stops - answer-Short duration warrantless seizures used to determine if probable cause exist, specifically if a crime has or will be committed

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Constitutional Law MPTC examination
1st Amendment - answer-Establishes freedom of religion,speech,press,assembly, and
petition.

Definition of religion under the 1st amendment - answer-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 - answer-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. - answer-
Obscenity, fighting words, threats, incendiary speech.

2nd Amendment - answer-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 - answer-Prohibits unreasonable searches and seizures by the
government.

Definition of a Search - answer-Physical invasion or intrusion of privacy by police on
people, homes or personal property to obtain info or gather evidence.

Definition of a seizure - answer-When police take possession of property, make an arrest,
or restrict a persons ability to move freely.

5th Amendment - answer-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 - answer-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 - answer-Protects people from excessive bail and fines and prohibits
cruel and unusual punishment.

14th Amendment - answer-Provided the people of all states the right to "Due Process"
and Equal Protection" under the law.

Definition of Due Process - answer-Notice and opportunity to be heard fairly.

Definition of Constitutional Law - answer-Basic law of the land

Bill of Rights definition - answer-First 10 amendments to the Constitution

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