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NC BLET Arrest, Search and Seizure
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NC BLET Arrest, Search and Seizure
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NC BLETARREST,
SEARCH AND
SEIZURE
Three Sources of Law - answer- Constitutional Law
Statutory Law
Common Law
Constitutional Law - answer- The supreme law of the land. All other laws must comply
with the basic constitutional provisions.
Statutory Law - answer- Declares, commands, or Prohibits something.
The written will of the politically elected legislature.
Common Law - answer- Judge Made Law
Tradition based "Case Law"
Types of Law - answer- Substantive Law
Procedural Law
United States Constitution - answer- Divided into Seven Major Articles.
US Constitution Article VI/Supremacy Clause - answer- 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 - answer- Habeas Corpus
,Jury
Bills of Attainder
Ex Post Facto Laws
Bill of Rights - answer- First Ten Amendments to the U.S. Constitution
Due Process Clause - answer- (Historical) Applied most of the safeguards in the bill of
rights to the States.
First Amendment - answer- 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 - answer- Panic exciting speech (Shouting FIRE in a movie
theater)
Types of Speech with No First Amendment Protection - answer- Obscenity
Fighting words
Threats
Incendiary Speech
The Second Amendment - answer- States that Congress shall not infringe on the right
of the people to bear arms.
Third Amendment - answer- (Historical) Prevents the quartering of troops in private
residences.
Fourth Amendment - answer- Prohibits unreasonable searches and seizures by the
government.
Exclusionary Rule - answer- Any evidence obtained by the government through an
illegal (unreasonable) search and seizure is inadmissible in court.
Fifth Amendment - answer- Protects from-
Double 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 - answer- 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___________? - answer- Counsel
Seventh Amendment - answer- Preserves the right of trial by jury in civil cases.
Provides for a trial by 12 people.
Warrants-Probable Cause Affidavit - answer- Officers Background-Agency, background,
years in Law Enforcement, Years in current assignment, certification and special
training, education, knowledge of particular offense
Sources of Information-Personal Observation, Hearsay Statement(other officers,
citizens, etc.)-Should contain information as to why this information is credible
Warrants-Presentation to Judicial Official - answer- The judicial Official must make an
independent judgement that there is probable cause. The search warrant must advise
the judicial official of facts sufficient to establish probable cause to believe the items
sought will be located in the place to be searched, not merely an officers conclusions.
Search Warrants-Execution - answer- G.S. 15A-247
States that a search warrant must be executed within 48 hours or it is void.
Search Warrants-Execution-Entering Premises - answer- Must give appropiate notice of
his identity and purpose to the person to be searched, or the person in apparent control
of the premises to be searched.
Search Warrants-Service - answer- Officers may secure the premises and occupants
after making entry. If no-one is present at the address they do not have to read the
warrant aloud to an empty house however they must leave a copy affixed to the
premises or vehicle to be searched.
Search Warrants-Scope of the Search - answer- Officers may search anywhere on the
premises, including outbuildings and containers in which the items may be contained.
Search Warrants-Public Places - answer- Officers may only detain and frisk people
named in the warrant.
Search Warrants-Private Places - answer- Officers may detain anyone on the premises.
They may only search people not named on the warrant if they have already searched
the entire premises and not found the items and the items could reasonably be
concealed on the unnamed individuals.
Search Warrants-Return of the executed warrants - answer- Once executed the officer
must without unnecessary delay return the warrant to the clerk of issuing court along
with an inventory of items seized.
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