Constitutional Law

Question 1

What is the definition of Interrogation ? (BE ABLE TO IDENTIFY IT)

Answer 1

Direct questioning likely to result in an incriminating response

Question 2

Can a person who is under the influence be consider “intelligent” ?
would the statement of such person will be consider admissible ?

Answer 2

No, because it will be consider “ Self inducted disability “

Question 3

4 Criteria used by the court to determine custody
Groome Factor ( LIFF )
( Need to be able to write it in a fill in )

Answer 3

L = Location
I = Interview Style
F = Focus
F = Freedom to leave

Question 4

definition of Custody

Answer 4

Significant deprivation of freedom

Question 5

comm vs mavredakis

Answer 5

If the suspect’s lawyer tried to contact him officer shall notify the suspect and relay any information the lawyer provided the officer
( If Any )

Question 6

Cops + Custody + Interrogation = ?

Answer 6

= MIRANDA

Cops + Custody + Interrogation = MIRANDA

Question 7

Miranda warnings are only required when a person is in custody and subjected to interrogation

                                True or False

Answer 7

TRUE

Question 8

Waiver of Miranda rights ( VIK )

Answer 8

VIK

V = Voluntary
I = Intelligent
K = Knowingly

Question 9

Mirandas rights ( Be able to respond a FILL IN )

Answer 9

• You have the right to remain silent
• Anything you say can and will be used against you
• You have the right to an attorney; and, If you cannot afford an attorney, one will be provided for you.

Question 10

What is Functional Equivalent ?

Answer 10

Is when a Police Officer uses any words or actions, when they know or should be reasonable aware, are likely to elicit an incriminating response.
( Be able to respond a FACT PATTERN )

Question 11

What are the five rights or protections the Fifth Amendment breaks down into ?

Answer 11

1) The right to a jury trial when you’re charged with a crime
2) Protection against double jeopardy
3) Protection against self-incrimination
4) The right to a fair trial
5) Protection against the taking of property by the government without compensation.

Question 12

Exit Order Criteria

Answer 12

1. Officer Safety
2. Reasonable Suspicion of a (any) crime
3. Police Function (search, tow, etc.)
4. Community Caretaking Function (medical emergency, etc.)

Question 13

Are Exit Orders Automatic

Answer 13

NO

Question 14

Following an exit order, a frisk is ____________

Answer 14

Not Automatic

Question 15

Motor Vehicle Frisk Area

Answer 15

Extends to the area where the suspect realistically had, has, or will have access to a weapon.

Question 16

4th Amendment reasonableness decides officers’ actions as:

Answer 16

Objectively reasonable; also,
determines reasonableness to the stop

Question 17

Is the use of force under the 4th Amendment considered a seizure?

Answer 17

YES

Question 18

Pretextual Stops

Answer 18

General consideration:
- An officer can observe/follow a motor vehicle until they commit a traffic violation to be able to stop and investigate them.
- Also, officers can run plates on a motor vehicle at any time (REG plates have no expectation of privacy because they are property of the Registry)