CPOLS- Quiz Flashcards
T/F - If you are going to interrogate a minor, you are obligated to advise them that they have the right to contact their parents or another adult – or to have them present during questioning.
False. You are NOT obligated to advise them, even if the parent(s) are present and want to confer with the minor.
Is taking a minor into “temporary custody” the legal equivalent of an actual arrest?
Yes
What is custodial interrogation?
One of the most basic concepts of Miranda law is that it is triggered by “custodial interrogation,” i.e., it does not apply unless both “custody” and “interrogation” exist at the same time. If a minor is in “custody,” you need to comply with Miranda by giving the advisements and obtaining a waiver that is voluntary, knowing and intelligent prior to any “interrogation.”
T/F – When it comes to public schools, school officials (principals, teachers, etc.) have no obligation to advise a student of their Miranda rights before questioning them about any violations of the law or school rules.
True. This is because questioning by school officials is not as “inherently coercive” as custodial interrogation by law enforcement officers.
Can a minor validly waive his Miranda rights without his parents or other adult being present or consulted?
Yes. Additionally, he need not expressly waive his Miranda rights, but can validly waive them by his conduct, such as by answering questions.
T/F – A minor’s request to see a parent, probation officer, or other non-attorney adult is not, in itself, an invocation of rights.
True
Can a minor’s Miranda rights be invoked by their parents? By their attorney?
No. A minor’s Miranda rights are personal to them and may not be vicariously invoked by any other person, even an attorney.
Re: Search and Seizure (4th Amendment rights) –Juveniles
In the area of consent, can a parent give law enforcement permission to search a toolbox located in their son’s room if the box is locked, only the son has the key and the minor exercises exclusive control and ownership?
No. While a parent generally does have authority to consent to a search of a child’s room and belongings, this power does not exist if the child has “staked out” an area or object as exclusively his own and the parent makes no claim of right, control, or possession over the object or its contents. Note: This is not the typical situation because parents normally do retain at least joint control and/or possession over a room, area, or container.
T/F – You should be very careful in relying on the consent of a minor to enter a residence or conduct a search.
True. Although, the older the minor is, the more “authority” he or she has to give such consent.
T/F - Regarding searches of students and their belongings, generally, the U.S. Supreme Court has held that although searches by school officials still must be “reasonable” (considering the offense, age of suspect, extent of intrusion, scope, etc.) and “justified at the inception,” they do not need to be supported by probable cause or a search warrant. Reasonable suspicion is sufficient.
True
During a vehicle stop you ___________ justified in ordering passengers to exit
the vehicle.
are
In regards to a vehicle stop, is plain view considered a vehicle search?
No
You _____________ conduct a warrant less search of any part of the vehicle on
public thoroughfare as long as you have PC to believe the object you are looking for may be located in that portion of the vehicle.
May
To physically enter into an area where a person has reasonable expectation of privacy you need to have either a ___________ or a _____________.
Warrant/exigent circumstances
You _________ always ask for consent to search even when you have
authority for the search.
Should
