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25 Cards in this Set

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  • Back
IN001.2.G.1. Identify the key aspects of the First Amendment.
The First Amendment protects freedom of speech, press, peaceful assembly, and religion (IN001.2.G.1.).
IN001.2.G.2. Identify the key aspects of the Second Amendment.
The Second Amendment guarantees the right to bear arms (IN001.2.G.2.).
IN001.2.G.3. Identify the key aspects of the Fourth Amendment.
The Fourth Amendment prohibits unreasonable search and seizure and generally requires a warrant signed by an independent magistrate (judge)
IN001.2.G.4. Identify the key aspects of the Fifth Amendment.
The Fifth Amendment is best known for prohibiting compelled self-incrimination. It also requires grand jury indictment for capital crimes and prohibits double jeopardy and deprivation of life, liberty, or property without due process of law (IN001.2.G.4.).
IN001.2.G.5. Identify the key aspects of the Sixth Amendment.
The Sixth Amendment guarantees the right to a speedy and public trial, counsel, an impartial jury, to be informed of the nature of the charges, and to confront witnesses (IN001.2.G.5.).
IN001.2.G.6. Identify the key aspects of the Eighth Amendment.
The Eighth Amendment prohibits excessive bails and fines and cruel and unusual punishment (IN001.2.G.6.).
IN001.3.B. Identify the key aspects of the Fourteenth Amendment.
The Fourteenth Amendment expanded the application of the Bill of Rights to state and local governments as well. This was done by the due process clause of the Fourteenth Amendment: No state shall make or enforce any law which shall abridge the privileges and immunities of citizens of the United States; nor shall any State deprive any person of life, liberty or property, without due process of law; nor deny any person within its jurisdiction of the equal protection of the laws. the due process clauses of the Fifth and Fourteenth Amendments require the government to be fair when taking away someone’s life, liberty, or property.
IN023.2.B. Define offense.
The term offense broadly describes acts that are punishable under Florida law (IN023.2.B.).
IN023.2.B.2. Define felony.
A felony is any crime committed for which the maximum penalty is death or incarceration in a state correctional facility for more than one year.
IN023.2.B.3. Define misdemeanor.
Misdemeanors are divided based on the maximum penalty and/or fine associated with the offense. A first-degree misdemeanor carries a maximum penalty of one year in a county jail, a fine of $1,000, or both. Battery is a first-degree misdemeanor. A second-degree misdemeanor carries a maximum penalty of 60 days in a county jail, a fine of $500, or both. An example of a second degree misdemeanor is criminal mischief involving property damage totaling less than $200.
IN023.2.B.4. Define noncriminal violation.
An offense for which the only penalty may be a fine, forfeiture, or other civil penalty is a noncriminal violation, AKA a civil infraction
IN023.2.B.5. Identify municipal/county ordinance violation.
Municipalities or counties may enact ordinances or local regulations for the protection and well being of its citizens and property
IN027.1.A. Describe the constitutional guarantees related to search and seizure.
The purpose of the Fourth Amendment is to protect people from governmental intrusion in areas where they have a reasonable expectation of privacy. It prohibits searches and seizures unless they are conducted with probable cause and under reasonable circumstances. (IN027.1.A.)
IN027.1.A.1. Define search.
A search occurs when the government intrudes into a place where a person has a reasonable expectation of privacy (IN027.1.A.1.).
IN027.1.A.2. Define seizure.
A seizure occurs when the government affects a person’s right to have or control his or her property, usually by physically taking it.
IN027.1.A.3. Define search warrant.
A search warrant is a court order that authorizes law enforcement to conduct a search and seizure (IN027.1.A.3.).
IN027.1.H. Define the exclusionary rule.
The Supreme Court has ruled that evidence obtained by the government in violation of the Constitution cannot be used as evidence in court. This is known as the exclusionary rule. Its purpose is to discourage officers from violating citizens’ constitutional rights during criminal investigations.
IN027.1.G. Define the Good Faith Doctrine.
The Good Faith Doctrine applies to an officer’s actions in conducting a search pursuant to a search warrant. If officers execute a search warrant they believe to be valid and a court later determines the warrant to have a legal error, any seized evidence may still be admitted. (IN027.1.G.)
IN027.1.D. Define the proper scope of a search.
The scope of constitutional searches is limited to the items being searched. Once the items are found, the search must stop. An officer who conducts a probable cause search of a vehicle for a stolen gun and finds the gun in the glove box must stop searching unless there is probable cause to search for other specific items. The nature of the search should be based on the item the officer expects to find.
IN027.2.C.2. Define consensual encounter.
A consensual encounter occurs when an officer comes into voluntary contact with a citizen under circumstances in which a reasonable person would feel free to disregard the police and go about his or her business. It involves no coercion, no detention, and therefore is no Fourth Amendment seizure
IN027.2.C.1. Define mere suspicion.
Mere suspicion is sometimes described as a hunch or gut feeling based on law enforcement training and knowledge (IN027.2.C.1.).
IN027.2.B.1. Define reasonable suspicion.
Reasonable suspicion is the standard of justification needed to support a legal Terry stop or investigative detention. Reasonable suspicion is sometimes called “articulable suspicion” or “founded suspicion.” All three terms simply mean that an officer can articulate, or put into words, facts that support a suspicion that the person stopped was involved in a law violation. The facts and circumstances must support the suspicion that a person committed a crime, is committing a crime, or is about to commit a crime (IN027.2.B.1.).
IN027.1.E.5. Define pretext stop.
Such stops are sometimes called pretext stops because the officer stops the vehicle due to equipment violation but really wants to look inside the vehicle for evidence of other, more serious criminal activity. Pretext stops were formerly considered a violation of the Fourth Amendment. However, the U.S. Supreme Court, in Whren v. U.S., 517 U.S. 806 (1996), said that the courts are not required to consider an officer’s motive for stopping a vehicle as long as the officer had an objective basis for the stop. Because of Whren, pretext stops do not violate the Fourth Amendment. Thus, a detective who suspects that a vehicle contains drugs can stop the driver for failing to signal for a turn. This stop is valid even if the detective is not assigned to traffic patrol and does not normally stop drivers who fail to signal for turns. (IN027.1.E.5.)
IN027.2.A. Define probable cause.
The standard of justification required to make an arrest or conduct a search is probable cause. Because probable cause justifies greater invasions into a person’s privacy, it is a stricter standard than reasonable suspicion. Probable cause is a fair probability or reasonable grounds to believe that a crime was committed, based on the totality of circumstances (IN027.2.A.).
IN027.2.A.1. Identify the totality of circumstances test.
The difference between reasonable suspicion and probable cause is the amount and quality of information available to the officer concerning the commission of a crime by a particular suspect or that evidence of a crime is present in a place to be searched. In deciding whether the reasonable suspicion or probable cause standards have been met, courts review all factors known to the officer at the time of the incident. This is known as the totality of circumstances test. (IN027.2.A.1.)