Lynnfield MPTC Constitutional Law Study Guide
1st Amendment Right Ans - 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? Right Ans
- Yes (Glik v. Cunniffe, 2011)
What types of speech are NOT protected under the first amendment? Right
Ans - Obscenity, fighting words, threats, incendiary speech.
What are fighting words? Right Ans - words that "by their very utterance
inflict injury or tend to incite an immediate breach of peace"
What are threats? Right Ans - Utterances intended to intimidate citizens.
Threats must be "true threats" and not just expressive speech.
what is Incendiary speech ? Right Ans - advocates the imminent violent use
of force against the government.
2nd Amendment Right Ans - Establishes the right to keep and bear arms
(Columbia v. Heller, 2008)
4th Amendment Right Ans - Freedom from unreasonable searches and
seizures
What is a search under the 4th amendment? Right Ans - 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? Right Ans - When police take
possession of property, make and arrest, or restrict a person's ability to move
freely.
5th Amendment Right Ans - 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 Right Ans - 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 Right Ans - protects against excessive bail or fines and
prohibits cruel and unusual punishment.
14th Amendment Right Ans - Declares that all persons born in the U.S. are
citizens and are guaranteed equal protection of the laws
Article XII Right Ans - No subject should be compelled to accuse or furnish
evidence against him or herself.
Article XIV Right Ans - 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 Right Ans - 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 Right Ans - 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?
Right Ans - Voluntary encounter
Information known to police: Reasonable suspicion. Permissible action?
Right Ans - Investigatory / Terry Stop
Information known to Police: Reasonable suspicion + reasonable fear for
officer safety. Permissible action? Right Ans - Exit order
1st Amendment Right Ans - 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? Right Ans
- Yes (Glik v. Cunniffe, 2011)
What types of speech are NOT protected under the first amendment? Right
Ans - Obscenity, fighting words, threats, incendiary speech.
What are fighting words? Right Ans - words that "by their very utterance
inflict injury or tend to incite an immediate breach of peace"
What are threats? Right Ans - Utterances intended to intimidate citizens.
Threats must be "true threats" and not just expressive speech.
what is Incendiary speech ? Right Ans - advocates the imminent violent use
of force against the government.
2nd Amendment Right Ans - Establishes the right to keep and bear arms
(Columbia v. Heller, 2008)
4th Amendment Right Ans - Freedom from unreasonable searches and
seizures
What is a search under the 4th amendment? Right Ans - 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? Right Ans - When police take
possession of property, make and arrest, or restrict a person's ability to move
freely.
5th Amendment Right Ans - 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 Right Ans - 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 Right Ans - protects against excessive bail or fines and
prohibits cruel and unusual punishment.
14th Amendment Right Ans - Declares that all persons born in the U.S. are
citizens and are guaranteed equal protection of the laws
Article XII Right Ans - No subject should be compelled to accuse or furnish
evidence against him or herself.
Article XIV Right Ans - 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 Right Ans - 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 Right Ans - 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?
Right Ans - Voluntary encounter
Information known to police: Reasonable suspicion. Permissible action?
Right Ans - Investigatory / Terry Stop
Information known to Police: Reasonable suspicion + reasonable fear for
officer safety. Permissible action? Right Ans - Exit order
