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Level 2 > Con Law* > Flashcards

Con Law* Flashcards

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1
Q

Miranda Rights

A
  1. You have the right to remain silent
  2. Anything you say can be used against you
  3. You have a right to consult with an attorney and have them present during questioning
  4. If you cannot afford one and you want one, a lawyer will be provided to you by the Commonwealth at no cost.
  5. You may stop questioning at any time.
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2
Q

What is the fifth Miranda Warning that is not required but recommended?

A

You may stop questioning at any time

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3
Q

What happens if you fail to give Miranda Warnings?

A

Any statements made by the suspect are inadmissible in court.

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4
Q

What are the two things you need to give Miranda Warnings?

A

Custody + Interrogation

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5
Q

1st Amendment

What does it protect?

A

Speech
Press
Assembly
Religion

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6
Q

Types of speech

Under the 1st Amendment

A

Oral or written
Symbolic speech
Content may be rarely regulated
- offensive/ crude/ vulgar
- peaceful beg

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7
Q

Speech not protected

Under the 1st Amendment

A

Fighting words
Speech plus

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8
Q

Assembly is regulated by…

A

Time, place and manner

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9
Q

Unlawful assembly

A

5 or more armed
10 or more armed or unarmed

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10
Q

Define: Disorderly Person

A

Person causing public inconvenience annoyance and alarm, engage fighting/threatening behavior for no legitamate purpose

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11
Q

Reasonable suspicion

A

Specific and articulable facts; have information about unlawful design

Less than PC but more hunch

Detain, pat frisk

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12
Q

Voluntary Encounter

A

Not seizure under 4th amendment police do not need level of proof. Police cannot compel corporation or seize a person w/o legal justification

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13
Q

Threshold inquiry

A

Brief detention
RS unlawful design
Reasonable amount of time

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14
Q

When does a seizure occur?

A

Intent to stop and question signal to submit to authority

Verbal command to stop
- Flashing blue lights
- Retaining a citizens ID
- # of officers on scene
- Blocking a citizens path of travel
- Using an authoritative tone

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15
Q

Frisk

A

Pat down of the outer layer of clothing
Areas in suspects immediate control

May never be conducted to find evidence must have RS based on specific and articulable facts that the person is armed and dangerous

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16
Q

Frisk factors

A

Failing to obey commands
Acknowledging possession of a weapon
Individuals provided with police transport

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17
Q

Exclusionary rule

A

Evidence siezed unlawfully
Inadmissible in court
Fruit of the poisonous tree

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18
Q

Sources of information:
Aguilar- Spinelli test

A

2 Prong test to verify witness credibility
- Basis of knowledge
- Veracity (Reliability)

19
Q

Traffic Stops (regarding passengers)

A

May not detain a passenger based solely on drivers civil MV infraction

May not routinely request a passengers ID

20
Q

Use of K9

A

Not allowed in routine traffic stops
Need to have RS
K9 alert - gives PC

21
Q

Arrest

A

-Need PC
-The most intrusive seizure under the fourth amendment

22
Q

Arrest warrants

A

-PC is established in court already
-judge issued to arrest
-in order to execute an arrest warrant, you need reasonable suspicion that a person is in their home in order to arrest them on the arrest warrant. If they are in someone else’s house, you need an additional search warrant.
-Commomwealth v. Gentile (the case that dictated going into peoples houses with an arrest warrant)

23
Q

Fugitive warrants

A

Need to verify if it’s extraditable
If the jurisdiction is willing to extradite you will add the charge of “fugitive from justice”

24
Q

What 3 things do you need for something to amount to an arrest? (ICC)

A

Intent
Communication
Control

25
Q

What 3 things do you need for something to amount to a Lawful Arrest? (PAJ)

A

Probable cause
Arrestable offense
Jurisdiction

26
Q

MV search incident to arrest

A

Passenger compartment
- any container opened or closed
- not the trunk
- weapons that can be used to avoid arrest or escape
- evidence of crime for which the arrest is made if any (gov by size of object)

Locked items may not be opened

27
Q

MV inventory Search

A

Lawful custody of MV
Written dept guidelines

Passenger compartment
Open or closed containers
Glove box
Console
Trunk

Locked items may not be opened

28
Q

MV Exception Search

A

PC and public way

Scope: entire vehicle any container locked or unlocked

Intensity: governed by size of object

29
Q

Plain view
What are the 3 requirements? (LIS)

A

Lawful presence
Inadvertence
Seizable evidence

30
Q

Exit orders

A

Reasons you can take a person out of a MV in a routine traffic stop:
1. Officers safety
2. RS of a crime
3. Police function
4. Community caretaking function

31
Q

Curtilage

A

The area around the dwelling that is normally associated with domestic use. You need a search warrant in order to search this area.
-Ex: Garage, sheds, driveway

32
Q

Scope and intensity

A

Scope - area to be searched

Intensity - where you can search within scope. Size determines how hard you look

33
Q

Execution of search warrants

A

7 days - time starts day after warrant obtained
Nighttime: 10pm-6am (must have prior judicial authorization)
Must be in hand at time of service
Search any person present

34
Q

Strip search

A

You need probable cause an authorization from a duty supervisor

35
Q

Protective sweep

A

limited, warrantless search for people only

36
Q

Body Cavity Search

A

You need a high degree of probable cause, a search warrant, signed by the judge only, and this is executed by a medical professional

37
Q

Waiver of Miranda must be these 3 things: (VIK)

A

Voluntary
Intelligent
Knowingly

38
Q

Pretextual Stops

A

When you have a hunch someone may have committed a crime, you can follow them in their MV, and stop them if they commit a traffic violation.
-Authorization test: traffic stop may only be reasonable so long as police do what is legally permitted

39
Q

Exception to Miranda

A

-If public safety is at stake, officers can briefly question a suspect without Miranda (public safety exception)
-Miranda is generally not required for general traffic stops, such as oui investigations

40
Q

6th amendment/ Article 12

A

-Right to counsel
-attaches automatically at and after: arraignment & indictment by a grand jury

41
Q

Confrontation clause

A

Defendant has the right to confront all witnesses against him

42
Q

Entrapment

A

Inducement by a government agent of an innocent person to commit a crime

43
Q

Identification Procedures

A
  1. Obtain a detailed description of the suspect
  2. Witness instructions- read them from the card (bring witness to suspect if possible after instructions are read)
  3. Bring back/show up - done generally 2 hours after a crime.
44
Q

Probable Cause

A

Trustworthy facts and inferences sufficient to convince a reasonable person more likely than not committed a crime

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