Con Law*

Question 1

Miranda Rights

Answer 1

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.

Question 2

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

Answer 2

You may stop questioning at any time

Question 3

What happens if you fail to give Miranda Warnings?

Answer 3

Any statements made by the suspect are inadmissible in court.

Question 4

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

Answer 4

Custody + Interrogation

Question 5

1st Amendment

What does it protect?

Answer 5

Speech
Press
Assembly
Religion

Question 6

Types of speech

Under the 1st Amendment

Answer 6

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

Question 7

Speech not protected

Under the 1st Amendment

Answer 7

Fighting words
Speech plus

Question 8

Assembly is regulated by…

Answer 8

Time, place and manner

Question 9

Unlawful assembly

Answer 9

5 or more armed
10 or more armed or unarmed

Question 10

Define: Disorderly Person

Answer 10

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

Question 11

Reasonable suspicion

Answer 11

Specific and articulable facts; have information about unlawful design

Less than PC but more hunch

Detain, pat frisk

Question 12

Voluntary Encounter

Answer 12

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

Question 13

Threshold inquiry

Answer 13

Brief detention
RS unlawful design
Reasonable amount of time

Question 14

When does a seizure occur?

Answer 14

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

Question 15

Frisk

Answer 15

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

Question 16

Frisk factors

Answer 16

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

Question 17

Exclusionary rule

Answer 17

Evidence siezed unlawfully
Inadmissible in court
Fruit of the poisonous tree

Question 18

Sources of information:
Aguilar- Spinelli test

Answer 18

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

Question 19

Traffic Stops (regarding passengers)

Answer 19

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

May not routinely request a passengers ID

Question 20

Use of K9

Answer 20

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

Question 21

Arrest

Answer 21

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

Question 22

Arrest warrants

Answer 22

-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)

Question 23

Fugitive warrants

Answer 23

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

Question 24

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

Answer 24

Intent
Communication
Control

Question 25

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

Answer 25

Probable cause Arrestable offense Jurisdiction

Question 26

MV search incident to arrest

Answer 26

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

Question 27

MV inventory Search

Answer 27

Lawful custody of MV Written dept guidelines Passenger compartment Open or closed containers Glove box Console Trunk Locked items may not be opened

Question 28

MV Exception Search

Answer 28

PC and public way Scope: entire vehicle any container locked or unlocked Intensity: governed by size of object

Question 29

Plain view What are the 3 requirements? (LIS)

Answer 29

Lawful presence Inadvertence Seizable evidence

Question 30

Exit orders

Answer 30

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

Question 31

Curtilage

Answer 31

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

Question 32

Scope and intensity

Answer 32

Scope - area to be searched Intensity - where you can search within scope. Size determines how hard you look

Question 33

Execution of search warrants

Answer 33

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

Question 34

Strip search

Answer 34

You need probable cause an authorization from a duty supervisor

Question 35

Protective sweep

Answer 35

limited, warrantless search for people only

Question 36

Body Cavity Search

Answer 36

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

Question 37

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

Answer 37

Voluntary Intelligent Knowingly

Question 38

Pretextual Stops

Answer 38

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

Question 39

Exception to Miranda

Answer 39

-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

Question 40

6th amendment/ Article 12

Answer 40

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

Question 41

Confrontation clause

Answer 41

Defendant has the right to confront all witnesses against him

Question 42

Entrapment

Answer 42

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

Question 43

Identification Procedures

Answer 43

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.

Question 44

Probable Cause

Answer 44

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