NC BLET Arrest, Search and Seizure, Questions and answers, 100% Accurate, rated A+ Three Sources of

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NC BLET Arrest, Search and Seizure, Questions and answers, 100% Accurate, rated A+ Three Sources of Law - ✔✔-Constitutional Law Statutory Law Common Law Constitutional Law - ✔✔-The sup... reme law of the land. All other laws must comply with the basic constitutional provisions. Statutory Law - ✔✔-Declares, commands, or Prohibits something. The written will of the politically elected legislature. Common Law - ✔✔-Judge Made Law Tradition based "Case Law" Types of Law - ✔✔-Substantive Law Procedural Law United States Constitution - ✔✔-Divided into Seven Major Articles. US Constitution Article VI/Supremacy Clause - ✔✔-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 - ✔✔-Habeas Corpus Jury Bills of Attainder Ex Post Facto Laws Bill of Rights - ✔✔-First Ten Amendments to the U.S. Constitution Due Process Clause - ✔✔-(Historical) Applied most of the safeguards in the bill of rights to the States. First Amendment - ✔✔-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 - ✔✔-Panic exciting speech (Shouting FIRE in a movie theater) Types of Speech with No First Amendment Protection - ✔✔-Obscenity Fighting words Threats Incendiary Speech The Second Amendment - ✔✔-States that Congress shall not infringe on the right of the people to bear arms. Third Amendment - ✔✔-(Historical) Prevents the quartering of troops in private residences. Fourth Amendment - ✔✔-Prohibits unreasonable searches and seizures by the government. Exclusionary Rule - ✔✔-Any evidence obtained by the government through an illegal (unreasonable) search and seizure is inadmissible in court. Fifth Amendment - ✔✔-Protects fromDouble 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 - ✔✔-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___________? - ✔✔-Counsel Seventh Amendment - ✔✔-Preserves the right of trial by jury in civil cases. Provides for a trial by 12 people. Eighth Amendment - ✔✔-Protects from excessive bail Protects from Cruel and Unusual Punishment Ninth Amendment - ✔✔-Additional rights not listed in the first eight amendments. Tenth Amendment - ✔✔-Reserves the powers not granted to the United States Government to the states or the people. Fourteenth Amendment - ✔✔-Due process of the Law Equal Protection of the laws(government only) Two types of Due Process - ✔✔-Procedural Due Process Substantive Due Process Procedural Due Process - ✔✔-Guarantees that the government will not take a persons life, liberty, or property interest without notice and a meaningful opportunity to be heard. Substantive Due Process - ✔✔-Guarantees that the notice,hearing, and result are fair Due Process guarantees ________,____________, and _____________? - ✔✔-A right to counsel A right to speedy and public trial A right to be free from the use of unlawfully seized evidence and unlawfully obtained confessions. Two types of Jurisdiction - ✔✔-Territorial Subject Matter Statewide Jurisdiction - ✔✔-Has North Carolina in the name North Carolina State Highway Patrol North Carolina Wildlife enforcement North Carolina Division of Motor Vehicles etc. Local Jurisdiction - ✔✔-Sheriffs and their Deputies-May arrest in the county, on county property outside the county, and anywhere in the state for felony committed in the county. City Police Officers-May arrest in the city in which they serve, in the area within one mile of city limits, and on city property outside the city. Company and Campus Police Jurisdiction - ✔✔-May arrest on property owned by their employer May arrest anywhere on campus and property owned by the college/university as well as portions of public roads passing through or immediately adjoining their property. Immediate and Continuous Pursuit - ✔✔-Officer must continue the pursuit and not stop to do something else. Officers may pursue and arrest outside North Carolina only-In Georgia, Virginia, South Carolina, and Tennessee. For a suspected Felony committed in North Carolina Subject Matter Jurisdiction - ✔✔-Refers to the types of crimes for which officers are authorized to arrest. Limited Subject Matter Jurisdiction - ✔✔-Highway Patrol DMV Officers Wildlife Enforcement Officers Probation and Parole Officers Mutual Aid Agreements - ✔✔-Several statutes allow the head of one law enforcement agency to provide temporary assistance to another agency upon its written request. Crimes committed in other states - ✔✔-NC Law Enforcement Officers may arrest a person who flees to NC after the person has committed a misdemeanor or felony in another state if the officers obtain a fugitive warrant. Foreign Diplomats - ✔✔-Generally granted diplomatic immunity A person has been "seized" when...? - ✔✔-Under the circumstances a reasonable person in their position would not feel free to walk or drive away from the Law Enforcement Official. A person is arrested when..... - ✔✔-When they submit to an arresting officer OR When their freedom of movement has been significantly deprived (functional Equivalent) The more intrusive the government conduct, the more ____________ __ _________________ _____________ is required in order for it to be deemed reasonable? - ✔✔-Proof of Criminal Activity Voluntary Encounter - ✔✔-Police encounter where a reasonable person would feel free to walk away Person is under no obligation to answer questions or identify theirself A seizure occurs when.... - ✔✔-A Law Enforcement Officer applies physical force to a suspect Issues a command(STOP) and the subject complies Or when a reasonable person would not feel free to ignore the police presence and go about their own business Reasons an Officer may conduct a seizure.. - ✔✔-Officers observation in light of his training and experience Information received from other officers/civilians Time of day or night Whether it is in a high crime area Proximity to crime Whether suspect is a stranger to the area Reaction to officer; including flight Officers knowledge of suspects prior criminal activity or record Flight from scene of crime Actions matching a profile of criminal behavior Investigative Stop - ✔✔-The purpose of an investigative stop is to determine if there is probable cause to believe that A crime has or is being committe [Show More]

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