Con Law* Flashcards
Miranda Rights
- You have the right to remain silent
- Anything you say can be used against you
- You have a right to consult with an attorney and have them present during questioning
- If you cannot afford one and you want one, a lawyer will be provided to you by the Commonwealth at no cost.
- You may stop questioning at any time.
What is the fifth Miranda Warning that is not required but recommended?
You may stop questioning at any time
What happens if you fail to give Miranda Warnings?
Any statements made by the suspect are inadmissible in court.
What are the two things you need to give Miranda Warnings?
Custody + Interrogation
1st Amendment
What does it protect?
Speech
Press
Assembly
Religion
Types of speech
Under the 1st Amendment
Oral or written
Symbolic speech
Content may be rarely regulated
- offensive/ crude/ vulgar
- peaceful beg
Speech not protected
Under the 1st Amendment
Fighting words
Speech plus
Assembly is regulated by…
Time, place and manner
Unlawful assembly
5 or more armed
10 or more armed or unarmed
Define: Disorderly Person
Person causing public inconvenience annoyance and alarm, engage fighting/threatening behavior for no legitamate purpose
Reasonable suspicion
Specific and articulable facts; have information about unlawful design
Less than PC but more hunch
Detain, pat frisk
Voluntary Encounter
Not seizure under 4th amendment police do not need level of proof. Police cannot compel corporation or seize a person w/o legal justification
Threshold inquiry
Brief detention
RS unlawful design
Reasonable amount of time
When does a seizure occur?
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
Frisk
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
Frisk factors
Failing to obey commands
Acknowledging possession of a weapon
Individuals provided with police transport
Exclusionary rule
Evidence siezed unlawfully
Inadmissible in court
Fruit of the poisonous tree