MCCCD Program Description

Constitutional Law

Course: AJS210

First Term: 1995 Fall

Lecture 3 Credit(s) 3 Period(s) 3 Load
Subject Type: Occupational
Load Formula: S

Description: An examination of the U.S. Constitution as it relates to the law enforcement function. Includes statutory law and judicial decisions governing the areas of arrest, search and seizure, interrogations and confessions, self-incrimination and other constitutional guarantees. Required in AJS curriculum

MCCCD Official Course Competencies
1. Describe the historical influences leading up to the drafting of the U.S. Constitution. (I) 2. Describe the general provisions of the Bill of Rights. (I) 3. Describe the rights protected under the First Amendment. (II) 4. Describe the rights protected under the Fourth Amendment. (III) 5. Describe the degrees of proof in gathering evidence. (III) 6. Describe police authority to conduct a legal search and seizure. (III) 7. Describe the historical application of the exclusionary rule. (III) 8. Describe the rights protected by the Fifth Amendment. (IV) 9. Describe the elements of due process of law. (IV) 10. Describe the rights protected by the Sixth Amendment. (V) 11. Describe the rights protected by the Eighth Amendment. (VI)
MCCCD Official Course Competencies must be coordinated with the content outline so that each major point in the outline serves one or more competencies. MCCCD faculty retains authority in determining the pedagogical approach, methodology, content sequencing, and assessment metrics for student work. Please see individual course syllabi for additional information, including specific course requirements.

MCCCD Official Course Outline
I. Historical development of the U.S. Constitution A. Colonial grievances B. Articles of Confederation C. Structure and general principles of the U.S. Constitution D. General provisions of the Bill of Rights E. Constitutional Amendments: One through Ten II. First Amendment rights A. Free expression B. Limitations of free expressions C. Freedom of the press D. Rights and limitations on freedom of assembly III. Fourth Amendment rights A. Arrest authority of police 1. Elements of an arrest 2. Powers of arrest 3. Arrest without a warrant B. Degrees of proof in gathering evidence 1. Mere suspicion 2. Reasonable suspicion 3. Probable cause 4. Preponderance of evidence 5. Beyond a reasonable doubt C. Search and seizure authority 1. Items seizable 2. Exigent circumstances 3. Incident to arrest 4. Vehicles 5. Stop and frisk 6. Consent 7. Warrants 8. Wiretapping 9. Exclusionary rule IV. Fifth Amendment rights A. Due process of law 1. Definition 2. Key elements B. Right to remain silent 1. Self-incrimination 2. Claiming the privilege 3. Miranda vs Arizona V. Sixth Amendment: right to counsel A. Historical development 1. Powell vs Alabama 2. Gideon vs Wainwright 3. Miranda vs Arizona 4. Ayeringer vs Hamlin B. Claiming and waiving the right C. Fair and speedy trial D. Double jeopardy VI. Eighth Amendment: cruel and unusual punishment A. Death penalty B. Prison conditions

MCCCD Governing Board Approval Date: 4/25/1995

All information published is subject to change without notice. Every effort has been made to ensure the accuracy of information presented, but based on the dynamic nature of the curricular process, course and program information is subject to change in order to reflect the most current information available.