The Constitution
The Sixth Amendment right to Counsel is triggered when?
When the defendant is CHARGED.
What does CHARGED mean in the legal system?
Formal filing of a criminal complaint with the court system.
What is the quantum of evidence necessary in Wisconsin to conduct a traffic stop on a vehicle?
Reasonable Suspicion
What two things need to be present for Miranda to be triggered?
Custody + Interrogation
A Terry stop requires what quantum of evidence?
Reasonable Suspicion
Cruel and unusual punishment is forbidden by the ________ Amendment in the Bill of Rights.
Eighth
What is the term for a monetary penalty assessed for:
1. Civil offenses (speeding citation)?
2. Criminal matters (OWI 3rd)?
1. Forfeiture
2. Fine
Arizona v. Gant restrictions officers to searching a driver incident to arrest for only what?
Evidence of the offense
Who can invoke a Miranda warning for the defendant?
Only the Defendant
Graham v. Connor established what legal concept?
Objective Reasonableness
Double Jeopardy, self-incrimination, and due process are all critical parts of which Amendment?
Fifth Amendment
What is submitted to a judge or magistrate to demonstrate enough evidence exists for a search warrant?
Probable Cause Affidavit
What caselaw allows officers who have probable cause to search a vehicle without a warrant?
Carroll v. United States
Carroll Doctrine
You arrest a subject and he invokes his right to counsel. Under which circumstances can you re-initiate contact with the subject?
Preliminary Hearing
What are the four rights guaranteed in the First Amendment?
Speech, Assembly, Press, Religion
Preponderance of Evidence
Warrant
Consent
Exigent Circumstances
You have arrested a subject and have taken him to jail. He has invoked his 5th Amendment right to silence. You stop asking him questions.
When, if ever, can you reinitiate contact and continue asking questions?
2 hours + New Miranda
Explain an Act 79 search.
Search of a person on probation, parole, or supervision. Allows LEOs to search the person, the residence, or the property under subject's control. Requires only Reasonable Suspicion.
Brown v. Board of Education forbids segregation of schools on the basis of race. Which Amendment did the justices rely on to make this determination?
Fourteenth Amendment
What two things happen at a defendant's arraignment?
Formal reading of the charges.
Defendant enters a plea.
Good Faith
Inevitable Discovery
Independent Source Doctrine
Attenuation
Recite the Miranda warning
You have the right to remain silent.
Anything you say can and will be used against you.
You have the right to an attorney.
If you cannot afford an attorney, one will be provided.
For consent to be valid, it must be:
Voluntarily, freely, and knowingly given.
Not Coerced.
Given by someone with apparent authority.