KLETC TEST 1 STUDY GUIDE
QUESTIONS AND ANSWERS
Define what the Constitution is: - ans-✔✔The United States Constitution embodies the
fundamental principles of our government. Our Constitution, adopted by sovereign
power, is amendable by that power only. All laws, executive actions, and judicial
decisions must conform to the Constitution.
Where does the constitution come from? - ans-✔✔The Constitution was written in the
18th century. The Bill of Rights, or first Ten Amendment to the Constitution, was not
adopted until 1791. The Bill of Rights contains the vast bulk of fundamental rights, which
for the basis for much of our case and statutory law.
How is the Constitution relevant to LE? - ans-✔✔As Law Enforcement officers, you are
sworn to uphold the Constitution. Understanding constitutional privileges is crucial to
avoid civil liability. Also, to assure evidence is admissible in criminal matters.
Article 1 - ans-✔✔The Legislative Branch
Article 2 - ans-✔✔The Executive Branch
Article 3 - ans-✔✔The Judicial Branch
Article 4 - ans-✔✔Relations Between The States (Full faith and credit clause).
Article 5 - ans-✔✔The Amendment Process
Article 6 - ans-✔✔General Provisions, Supremacy of the Constitution (Supremacy
Clause)
Article 7 - ans-✔✔Ratification Process
Define the Bill of rights and why it applies to the states - ans-✔✔It was not until the
1960's that the US Supreme Court became heavily involved involved in interpreting how
the Bill of Rights applied to the actions of LE Officers.
,The Bill of Rights encompasses much of what you will have to face as LE officers.
Issues involving search and seizure, confessions, use of force and the First
Amendment, are just a few practice applications of the Bill of Rights.
First Amendment - ans-✔✔Freedom of Speech, religion, press, petition and assembly
Freedom of Religion—Establishment Clause—Three Prong Test - ans-✔✔1. Does the
law, or other government action, have a bona fide secular or civic purpose?
2. Does the primary effect neither advance or inhibit religion (is it neutral)?
3. Does the law avoid excessive governmental entanglement with religion?
Test for free exercise challenges: - ans-✔✔Individual claiming infringement: Is the
individual motivated by a sincere religious belief? and Is there a substantial infringement
upon those beliefs?
Governments interest in making the restrictions: Is the Government acting in
furtherance of a "compelling state interest?" and Has the government pursued that
interest in a matter that is least restrictive or least burdensome to religion?
Fighting Words - ans-✔✔"Fighting words" are those words that by their very utterance
inflict injury or tend to incite an immediate breach of peace. Fighting words are so
abusive they are likely to incite immediate physical retaliation or fight. Angry words
alone do not constitute fighting words.
Fighting words, offensive, and threatening speech are unprotected by the Constitution.
Fourth Amendment - ans-✔✔Search and Seizure
Fifth Amendment - ans-✔✔Self Incrimination, Double Jeopardy, Due Process
Sixth Amendment - ans-✔✔Rights of the accused in a criminal manner:
-speedy and public trial
-right to jury trial
-rights of confrontation and compulsion
-right to counsel
-jurisdiction
-right to an attorney
-informed of nature of charges
Eight Amendment - ans-✔✔Cruel and unusual punishment and excessive bail and
fines.
Fourteenth Amendment - ans-✔✔Right to Due process
Notice and Hearing
Notice of removing life, liberty, or property (including death penalty and welfare)
, Identify the Role of the US Supreme Court as the interpreter of the Constitution - ans-
✔✔The United States Supreme Court has the power to determine the constitutionality
and therefore, the validity of the acts of the other branches of government. Therefore,
the United States Supreme Court is the final arbiter of constitutional interpretation in this
country.
LE Encounters - ans-✔✔Voluntary Encounters
Investigative Stops
Arrests
Safety check/ Welfare check
Seizure—Restricting someones liberty by: - ans-✔✔Physical force
Show or authority
Some factors of Seizures - ans-✔✔physical contact by the officer
presence of more than one officer
display of weapon
use of commanding tone of voice
activation of sirens or flashers
attempt to control their ability to flee
Is a notice to appear or citation and arrest? - ans-✔✔NO, because you are not taking a
person into custody.
Standards of Proof - ans-✔✔Absolute Proof
Beyond a reasonable doubt
Probable cause=reasonable belief
Reasonable suspicion
Gut hunch (The suspect may not be seized)
Reasonable Suspicion - ans-✔✔Facts based on training, education, and experience
that lead you to suspect a crime has, is, or is about to be committed.
Factors of Reasonable Suspicion - ans-✔✔Time
Location
Clothing
Demeanor/Body language/Behavior
Smell
Why a higher ethical standing for LEO's - ans-✔✔Protectors of society
Power and authority
Enforcers of the law(s)
Role models
Oath of office
Power and authority sources of the law - ans-✔✔1. US Constitution
QUESTIONS AND ANSWERS
Define what the Constitution is: - ans-✔✔The United States Constitution embodies the
fundamental principles of our government. Our Constitution, adopted by sovereign
power, is amendable by that power only. All laws, executive actions, and judicial
decisions must conform to the Constitution.
Where does the constitution come from? - ans-✔✔The Constitution was written in the
18th century. The Bill of Rights, or first Ten Amendment to the Constitution, was not
adopted until 1791. The Bill of Rights contains the vast bulk of fundamental rights, which
for the basis for much of our case and statutory law.
How is the Constitution relevant to LE? - ans-✔✔As Law Enforcement officers, you are
sworn to uphold the Constitution. Understanding constitutional privileges is crucial to
avoid civil liability. Also, to assure evidence is admissible in criminal matters.
Article 1 - ans-✔✔The Legislative Branch
Article 2 - ans-✔✔The Executive Branch
Article 3 - ans-✔✔The Judicial Branch
Article 4 - ans-✔✔Relations Between The States (Full faith and credit clause).
Article 5 - ans-✔✔The Amendment Process
Article 6 - ans-✔✔General Provisions, Supremacy of the Constitution (Supremacy
Clause)
Article 7 - ans-✔✔Ratification Process
Define the Bill of rights and why it applies to the states - ans-✔✔It was not until the
1960's that the US Supreme Court became heavily involved involved in interpreting how
the Bill of Rights applied to the actions of LE Officers.
,The Bill of Rights encompasses much of what you will have to face as LE officers.
Issues involving search and seizure, confessions, use of force and the First
Amendment, are just a few practice applications of the Bill of Rights.
First Amendment - ans-✔✔Freedom of Speech, religion, press, petition and assembly
Freedom of Religion—Establishment Clause—Three Prong Test - ans-✔✔1. Does the
law, or other government action, have a bona fide secular or civic purpose?
2. Does the primary effect neither advance or inhibit religion (is it neutral)?
3. Does the law avoid excessive governmental entanglement with religion?
Test for free exercise challenges: - ans-✔✔Individual claiming infringement: Is the
individual motivated by a sincere religious belief? and Is there a substantial infringement
upon those beliefs?
Governments interest in making the restrictions: Is the Government acting in
furtherance of a "compelling state interest?" and Has the government pursued that
interest in a matter that is least restrictive or least burdensome to religion?
Fighting Words - ans-✔✔"Fighting words" are those words that by their very utterance
inflict injury or tend to incite an immediate breach of peace. Fighting words are so
abusive they are likely to incite immediate physical retaliation or fight. Angry words
alone do not constitute fighting words.
Fighting words, offensive, and threatening speech are unprotected by the Constitution.
Fourth Amendment - ans-✔✔Search and Seizure
Fifth Amendment - ans-✔✔Self Incrimination, Double Jeopardy, Due Process
Sixth Amendment - ans-✔✔Rights of the accused in a criminal manner:
-speedy and public trial
-right to jury trial
-rights of confrontation and compulsion
-right to counsel
-jurisdiction
-right to an attorney
-informed of nature of charges
Eight Amendment - ans-✔✔Cruel and unusual punishment and excessive bail and
fines.
Fourteenth Amendment - ans-✔✔Right to Due process
Notice and Hearing
Notice of removing life, liberty, or property (including death penalty and welfare)
, Identify the Role of the US Supreme Court as the interpreter of the Constitution - ans-
✔✔The United States Supreme Court has the power to determine the constitutionality
and therefore, the validity of the acts of the other branches of government. Therefore,
the United States Supreme Court is the final arbiter of constitutional interpretation in this
country.
LE Encounters - ans-✔✔Voluntary Encounters
Investigative Stops
Arrests
Safety check/ Welfare check
Seizure—Restricting someones liberty by: - ans-✔✔Physical force
Show or authority
Some factors of Seizures - ans-✔✔physical contact by the officer
presence of more than one officer
display of weapon
use of commanding tone of voice
activation of sirens or flashers
attempt to control their ability to flee
Is a notice to appear or citation and arrest? - ans-✔✔NO, because you are not taking a
person into custody.
Standards of Proof - ans-✔✔Absolute Proof
Beyond a reasonable doubt
Probable cause=reasonable belief
Reasonable suspicion
Gut hunch (The suspect may not be seized)
Reasonable Suspicion - ans-✔✔Facts based on training, education, and experience
that lead you to suspect a crime has, is, or is about to be committed.
Factors of Reasonable Suspicion - ans-✔✔Time
Location
Clothing
Demeanor/Body language/Behavior
Smell
Why a higher ethical standing for LEO's - ans-✔✔Protectors of society
Power and authority
Enforcers of the law(s)
Role models
Oath of office
Power and authority sources of the law - ans-✔✔1. US Constitution
