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Constitutional Law MPTC Exam with 110 questions and answers 10th amendment - ANSW..Reserves power not grant d to the federal government to the states or the poeple $17.99   Add to cart

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Constitutional Law MPTC Exam with 110 questions and answers 10th amendment - ANSW..Reserves power not grant d to the federal government to the states or the poeple

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Constitutional Law MPTC Exam with 110 questions and answers 10th amendment - ANSW..Reserves power not grant d to the federal government to the states or the poeple

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  • August 14, 2024
  • 16
  • 2024/2025
  • Exam (elaborations)
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Bestnursesteve
Constitutional Law MPTC Exam 2024-2025 with
110 questions and answers



10th amendment - ✔✔ANSW✔✔..Reserves power not grant d to the federal
government to the states or the poeple

14th amendment - ✔✔ANSW✔✔..Provide the people of all states the right to "due
process" and " equal protection under the law"

1st admendment - ✔✔ANSW✔✔..Establishes freedom of
religion,speech,press,assembly,petitions

2nd amendment - ✔✔ANSW✔✔..Right to keep and bear arms

3rd amendment - ✔✔ANSW✔✔..Prohibits soldiers from being quartered in any house

4th amendment - ✔✔ANSW✔✔..Prohibits unreasonableness searches or seizures by
the goverment

5th amendment - ✔✔ANSW✔✔..Prohibits citizens from being prosecuted for the same
offense two ( double jeopardy) and from being compelled to testify against themselves
( self-incrimination)

6th amendment - ✔✔ANSW✔✔..Requires all person charged with a crime to be
informed of charges against them.

People charge its with a crime have the right to counsel and speedy trial by impartial
jury.

People charged with a crime also have a right to compel witness to appear and testify
on their behalf

7th amendment - ✔✔ANSW✔✔..Provides the right to a jury trial in civil cases

8th amendment - ✔✔ANSW✔✔..Protects people from excessive bail or fines and
prohibits fuel and unusual punishment

,9th amending - ✔✔ANSW✔✔..Right retained by the people not specifically identified in
the constitution

A person is seized by the police when, - ✔✔ANSW✔✔..A person's belief of not being
free to leave is not automatically a
seizure under the 4th Amendment unless there are objective facts
that make such belief reasonable.
2. An officer's belief that a person is not free to leave is not
automatically a seizure under the 4th Amendment unless the officer
says or does something that would make a reasonable person
believe he was not free to leave.
3. The more intrusive the seizure, the more proof police need of
criminal activity. For example, to arrest a person for a crime, police
need probable cause whereas reasonable suspicion is needed to
detain a person temporarily to investigate a possible crime.

A valid arrest warrant must include the following - ✔✔ANSW✔✔..Name of person
Crime allegedly committed by person named
A command that person. Are in warrent be brought before court
Signature of official issueing warrent

Can check in WMS

A warrant is executed when the person named in the warrent is arrested and brought
before the court - ✔✔ANSW✔✔..1. Served by an official authorized
2.vaild for execution in any jurisdiction within commonwealth
3.police doe not have to physical possess warrent at time of arrest
4.police may enter premise listed on the warrent
5.arrest warrants do no authorized police to search areas that could not reasonably hide
a person
6.only enter other place with consent
7. Should confine wms

Abandoned property - ✔✔ANSW✔✔..The courts do not recognize a reasonable
expectation of privacy interest in abandoned property.
However, owners who abandon property involuntarily may still retain a reasonable
expectation to privacy. The suspect did not abandon the bag he was carrying after
throwing it onto the hood of his car when approached by police. Smith v. Ohio, 494 U.S.
541 (1990)
The suspect did not surrender his expectation of privacy when he threw his briefcase
out a window and into the fenced-in yard of his home when police converged on his
home. Commonwealth v. Straw, 422 Mass. 756 (1996)

Anonymous tip - ✔✔ANSW✔✔..Can provide police with reasonable suspicion to stop a
motor vehicle so long as the tip provides specific details that are consistent with an
eyewitnesses account and those details are further corroborated by polic

, Anticipatory warrent - ✔✔ANSW✔✔..An anticipatory search warrant must possess
probable cause showing evidence of a crime will be
located at a specific place and time. The affidavit
must define a "triggering event" for when the warrant
can be legally executed. Commonwealth v. Staines,
441 Mass. 521 (2004)
Anticipatory warrants are typically used for seizures of
contraband in transit.

Any person present warrant - ✔✔ANSW✔✔..Officers must have probable cause that
"any person
present" during the execution of a search warrant is
reasonably involved in the identified criminal activity.
Commonwealth v. Smith, 370 Mass. 335 (1976)
The following details need to be in the search warrant
application:
(a) What is the size of place to be searched?
(b) Do persons at the place to be searched
rotate, shift or change frequently (e.g.,
place where drugs are sold)?
(c) Is evidence to be seized small enough to be
concealed on a person?

Application for search warrant - ✔✔ANSW✔✔..M.G.L. 276 §2A and §2B require police
officers to appear
personally before an authorized court official to issue search
warrants in criminal cases and complete a detailed affidavit with
supporting information to include the following:
• Statement of probable cause showing property, articles, and
persons to be seized will be found at place listed on search
warrant.
• Detailed descriptions of all premises to be searched.
• Detailed descriptions of property, articles, vehicles, or persons
to be seized.
Descriptions of property, persons, and premises must be
specific and detailed, enough so that anyone unfamiliar with the
investigation would know where to go, who to arrest, and what
to seize.
• Explanation for any special circumstances as required.

Arrest - ✔✔ANSW✔✔..Are seizures that imitate criminal prosecution. Arrest are the
most intrusive type of seizures under the 4th amendment because they involve forcible
restraint that deprives a person of liberty and freedom of mov movement. Therefore the
higher standard of probable cause is required for all arrest

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