NC BLET Constitutional Law questions and answers

What are the 3 sources of law? Constitutional, Statutory, Common Common Law Judge-made, Referred to as Case Law, brought over by England, a lot of common law has been codified in state statutes Statutory Law Written laws. Declares, commands, or prohibits something. Specific. Constitutional Law Basic law of the land. Supreme law of the land. Protects the individual from the government. Only government officials can violate someones rights What are the 2 types of law? Substantive law, Procedural law Substantive Law Rights and duties of citizens. Created by legislative and judicial action. Procedural Law Whereby substantive law is enforced. Article VI Supreme law of the land. Supremacy Clause. Contrary to the state, judges have to abide by the US Constitution. Habeas corpus "have the body" Filed by the prisoner, to the judge, to see the legality of the detention. What are the 4 procedural safeguards for a person accused of a crime? Habeas Corpus, Jury, Bills of attainder, ex post facto laws Jury all criminal cases except impeachment be tried by a jury Bill of attainder special act of the legislature inflicting punishment on a person without a conviction through judicial proceedings. Ex post Facto Cannot go back and charge someone when a new law comes out for someone who did the crime before it became illegal. Bill of rights First 10 amendments 14th Amendment State Due Process. 1st Amendment Freedom of Speech, Religion, Press, Assembly, petition. Not absolute depending on Reasonable: Time, Place, Manner. What would be the Criminal and Civil consequences law enforcement officers may face for violating a citizen's constitutional rights? Arrested, Fired, Sued 2nd Amendment Right to bare arms. 3rd Amendment No quartering troops 4th Amendment Unreasonable search and seizure. Mapp v Ohio Exclusionary Rule, Makes any illegally obtained evidence through an illegal search or seizure inadmissible in court. 5th Amendment Double Jeopardy, Self- incrimination, Federal Due Process 6th Amendment Right to a speedy and public trial. Right to counsel. Attaches once the charge has been filed. 8th Amendment Protects from excessive bail Procedural Due Process will not take a persons life, liberty or property interest without notice and a meaningful opportunity to be heard. "Trial" Substantive Due Process Guarantees that the notice, hearing, and results are fair What does due process require to be fair? A right to counsel, right to a speedy and public trial, right to be free from the use of unlawfully seized evidence and unlawfully obtained confessions. What court case deals with the frisk of a person? Terry v Ohio What court case deals with the exclusionary rule? Mapp v Ohio What court case deals with telling the rights of a person for silence, counsel before the interrogation of a person? Miranda v Arizona What court case deals with prohibiting random vehicle stops? Delaware v. Proust Territorial Jurisdiction Geographical area in which a law enforcement officer is empowered to act State Wide Jurisdiction Highway patrol, DMV, SBI, ALE, Wildlife, Probation and Parole Local wide Jurisdiction Sheriffs and Deputies, City police, ABC, Company police, campus police Subject matter types of crimes for which officers are authorized to arrest What officers can arrest someone for any crime? ALE, SBI, Sheriffs and deputies, city police, local abc, company police, campus police What officers have a limited subject matter? HP (chapter 20 crimes), DMV, wildlife, probation and parole Mutual Aid Agreement document giving jurisdiction while working outside regular jurisdiction. Fugitive Warrant A warrant for someone who has committed a misdemeanor or felony in another state Foreign Diplomats highest degree of immunity, are not allowed to be arrested, charged, or subpoenaed as a witness Forth Amendment requires searches and seizures to be _________. Reasonable At what point is a person seized? When they do not feel as if they are free to leave the presence of the officer. Also, feels they cannot terminate the encounter with an officer. If in a chase with a person, when does it become a seizure? Until the suspect stops or is stopped. Any property that a suspect throws down along the chase is admissible in court. When is a person under arrest? When their freedom of movement is taken away or when they are told they are under arrest. Reasonable Suspicion More than a hunch, but less than PC Probable Cause having knowledge that a crime has been committed, enough for an arrest What do you have to have to make an arrest? PC What do you need to detain an individual for an interview? RS Do officers need suspicion to go up to people in public and talk to them? No When does a seizure occur? Applies physical force, shows an amount of authority(commands them to stop, etc) What is it when looking at all of the factors in a case rather than just one factor when determining whether or not a seizure what legally justified? Totality of the Circumstances