Lynnfield MPTC Constitutional Law
Study Guide
1st Amendment
Freedom of Religion, Speech, Press, Assembly, and Petition
Does the first amendment protect an individual's right to audio and video record the
police in performance of their duties in public places?
Yes (Glik v. Cunniffe, 2011)
What types of speech are NOT protected under the first amendment?
Obscenity, fighting words, threats, incendiary speech.
What are fighting words?
words that "by their very utterance inflict injury or tend to incite an immediate
breach of peace"
What are threats?
Utterances intended to intimidate citizens. Threats must be "true threats" and not
just expressive speech.
what is Incendiary speech ?
advocates the imminent violent use of force against the government.
2nd Amendment
Establishes the right to keep and bear arms (Columbia v. Heller, 2008)
4th Amendment
Freedom from unreasonable searches and seizures
What is a search under the 4th amendment?
physical invasions or intrusions of privacy by police on people, homes, or personal
property to obtain information or gather evidence.
What is a seizure under the 4th amendment?
When police take possession of property, make and arrest, or restrict a person's
ability to move freely.
, 5th Amendment
protects citizens from being punished for the same offense twice (double
jeopardy); from being compelled to testify against themselves (self-incrimination)
and guarantees due process of law.
6th Amendment
Requires all persons charged with a crime be informed of the charges against
them. People charged with a crime have a right to counsel and speedy public trial
by an impartial jury. Also have a right to confront witnesses against them and
compel witnesses to testify on their behalf.
8th Amendment
protects against excessive bail or fines and prohibits cruel and unusual
punishment.
14th Amendment
Declares that all persons born in the U.S. are citizens and are guaranteed equal
protection of the laws
Article XII
No subject should be compelled to accuse or furnish evidence against him or
herself.
Article XIV
Every subject has a right to be secure from all unreasonable searches, and seizures
of his person, his houses, his papers, and all his possessions.
Reasonable Suspicion
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. (Terry v. Ohio)
Probable Cause
trustworthy facts and circumstances sufficient to convince a person of reasonable
caution to believe that it is more likely than not that in the case of a search, a
specific item subject to seizure will be found in the place to be searched. In the
case of an arrest, a crime has been committed and the person to be arrested has
committed it.
Information known to police: None/hunch/rumor. Permissible action?
Voluntary encounter
Study Guide
1st Amendment
Freedom of Religion, Speech, Press, Assembly, and Petition
Does the first amendment protect an individual's right to audio and video record the
police in performance of their duties in public places?
Yes (Glik v. Cunniffe, 2011)
What types of speech are NOT protected under the first amendment?
Obscenity, fighting words, threats, incendiary speech.
What are fighting words?
words that "by their very utterance inflict injury or tend to incite an immediate
breach of peace"
What are threats?
Utterances intended to intimidate citizens. Threats must be "true threats" and not
just expressive speech.
what is Incendiary speech ?
advocates the imminent violent use of force against the government.
2nd Amendment
Establishes the right to keep and bear arms (Columbia v. Heller, 2008)
4th Amendment
Freedom from unreasonable searches and seizures
What is a search under the 4th amendment?
physical invasions or intrusions of privacy by police on people, homes, or personal
property to obtain information or gather evidence.
What is a seizure under the 4th amendment?
When police take possession of property, make and arrest, or restrict a person's
ability to move freely.
, 5th Amendment
protects citizens from being punished for the same offense twice (double
jeopardy); from being compelled to testify against themselves (self-incrimination)
and guarantees due process of law.
6th Amendment
Requires all persons charged with a crime be informed of the charges against
them. People charged with a crime have a right to counsel and speedy public trial
by an impartial jury. Also have a right to confront witnesses against them and
compel witnesses to testify on their behalf.
8th Amendment
protects against excessive bail or fines and prohibits cruel and unusual
punishment.
14th Amendment
Declares that all persons born in the U.S. are citizens and are guaranteed equal
protection of the laws
Article XII
No subject should be compelled to accuse or furnish evidence against him or
herself.
Article XIV
Every subject has a right to be secure from all unreasonable searches, and seizures
of his person, his houses, his papers, and all his possessions.
Reasonable Suspicion
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. (Terry v. Ohio)
Probable Cause
trustworthy facts and circumstances sufficient to convince a person of reasonable
caution to believe that it is more likely than not that in the case of a search, a
specific item subject to seizure will be found in the place to be searched. In the
case of an arrest, a crime has been committed and the person to be arrested has
committed it.
Information known to police: None/hunch/rumor. Permissible action?
Voluntary encounter
