NC BLET Arrest, Search and Seizure UPDATED ACTUAL Questions and CORRECT Answers

NC BLET Arrest, Search and Seizure
UPDATED ACTUAL Questions and
CORRECT Answers
Three Sources of Law - CORRECT ANSWER- Constitutional Law
Statutory Law
Common Law


Constitutional Law - CORRECT ANSWER- The supreme law of the land. All other laws
must comply with the basic constitutional provisions.


Statutory Law - CORRECT ANSWER- Declares, commands, or Prohibits something.
The written will of the politically elected legislature.


Common Law - CORRECT ANSWER- Judge Made Law
Tradition based "Case Law"


Types of Law - CORRECT ANSWER- Substantive Law
Procedural Law


United States Constitution - CORRECT ANSWER- Divided into Seven Major Articles.


US Constitution Article VI/Supremacy Clause - CORRECT ANSWER- The Constitution,
laws, and treaties of the United States are the supreme law of the land. Judges of every state
are bound by the US Constitution regardless of contrary state law. This article also requires
all legislative, executive, and judicial officers of both the states and the United States to take
an oath to support the Constitution.


The Four Procedural Safeguards - CORRECT ANSWER- Habeas Corpus
Jury
Bills of Attainder
Ex Post Facto Laws

,Bill of Rights - CORRECT ANSWER- First Ten Amendments to the U.S. Constitution


Due Process Clause - CORRECT ANSWER- (Historical) Applied most of the safeguards in
the bill of rights to the States.


First Amendment - CORRECT ANSWER- Freedom of Religion-Government may not
require or enforce religious observations. Free exercise but criminal acts may be
excluded(example- use of Peyote during religious ceremony)
Freedom of Speech-Freedom of expression(Time place manner), -Symbolic Speech(Burning
the American Flag)
Freedom of the Press- Protects the right to gather and receive information
Freedom of Assembly and Petition- Citizens may PEACEABLY assemble and petition the
government for a redress of grievances.


Restrictions on Free Speech - CORRECT ANSWER- Panic exciting speech (Shouting FIRE
in a movie theater)


Types of Speech with No First Amendment Protection - CORRECT ANSWER- Obscenity
Fighting words
Threats
Incendiary Speech


The Second Amendment - CORRECT ANSWER- States that Congress shall not infringe on
the right of the people to bear arms.


Third Amendment - CORRECT ANSWER- (Historical) Prevents the quartering of troops in
private residences.


Fourth Amendment - CORRECT ANSWER- Prohibits unreasonable searches and seizures by
the government.


Exclusionary Rule - CORRECT ANSWER- Any evidence obtained by the government
through an illegal (unreasonable) search and seizure is inadmissible in court.

, Fifth Amendment - CORRECT ANSWER- Protects from-
Double Jeopardy
Self-Incrimination(Persons may waive this right after they are notified of their
rights((Miranda)).
Due Process-Applies to the federal government only in this amendment.


Sixth Amendment - CORRECT ANSWER- Gives an accused certain fundamental rights in
criminal prosecutions. Grants the rights to a speedy and public trial, right to an impartial jury,
right to face ones accusers, right to be informed of the nature and cause of the accusation and
right to legal process to compel the appearance of witnesses. GRANTS THE ACCUSED
RIGHT TO COUNSEL


Sixth Amendment grants the right to___________? - CORRECT ANSWER- Counsel


Seventh Amendment - CORRECT ANSWER- Preserves the right of trial by jury in civil
cases. Provides for a trial by 12 people.


Eighth Amendment - CORRECT ANSWER- Protects from excessive bail
Protects from Cruel and Unusual Punishment


Ninth Amendment - CORRECT ANSWER- Additional rights not listed in the first eight
amendments.


Tenth Amendment - CORRECT ANSWER- Reserves the powers not granted to the United
States Government to the states or the people.


Fourteenth Amendment - CORRECT ANSWER- Due process of the Law
Equal Protection of the laws(government only)


Two types of Due Process - CORRECT ANSWER- Procedural Due Process
Substantive Due Process