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4th Amendment 1
4th Amendment 2
5th Amendment 1
5th Amendment 2
6th Amendment
100
Evidentiary standard for a stop and frisk.
What is reasonable suspicion?
100
Evidentiary standard required for a warrantless search or arrest.
What is probable cause?
100
Definition of Custody
What is police acting in a manner that would lead a reasonable suspect to believe they are not free to walk away; action curtailed to the extent associated with formal arrest. Mathaison, Berkener
100
Definition of Interrogation
What is words or actions an officer should know are reasonably likely to elicit an incriminating response from the suspect. Innis
100
When 6th Amendment rights attach.
What is when formal proceedings have been initiated. (e.g. after indictment).
200
Definition of reasonable suspicion.
What is an assessment, based on the totality of the circumstances after due weight is given to any factual inferences, that gives police a particularized and objective basis for suspecting legal wrongdoing. (Terry). Reasonable suspicion requires less evidence than probable cause.
200
Definition of probable cause.
What is is a practical, non-technical concept that deals with probabilities. It is an assessment, based on the totality of the circumstances, that the facts and circumstances within an officer’s knowledge and of which they had reasonably trustworthy information are sufficient in themselves to warrant a person of reasonable caution in the belief that a crime has been or is being committed. Brinegar
200
The test for waiver of rights.
What is voluntary and knowing. The burden is on the state.
200
How a suspect must invoke their right to silence or an attorney.
What is unambiguously?
200
Requirements for waiver of right.
What is voluntary, knowing, and intelligent. Decision to waive need not be with assistance of counsel. Waiver when read Miranda warnings usually does the trick.
300
When consent is valid.
What is when the state probes the consent was freely and voluntarily given based on the totality of the circumstances.
300
When a search implicates the 4th amendment.
What is when it violates an actual expectation of privacy (subjective) that society is willing to accept as reasonable (objective). Katz.
300
When a suspect may be reapproached after invoking their right to silence.
What is after the right has been scrupulously honored. Often after additional warning, after a break, new detectives, different crime, new place, etc.
300
When a suspect may be reapproached after invoking right to counsel.
What is when 1) the suspect initiates (fairly be said to represent a desire on the part of an accused to open up a more generalized discussion relating directly or indirectly to the investigation, or 2) when counsel is present.
300
After attachment, what questioning is protected?
What is questions re: THAT OFFENSE. Questioning that deliberately elicits an incriminating response.
400
Scope of a search incident to arrest.
What is the arrestees “grab” area. The purpose of the search is to prevent the arrestee from destroying evidence or gaining possession of a weapon which could be used to resist arrest or effect an escape. Chimel.
400
Elements required to use the plain view doctrine.
What is 1) legal right for police to be where they are, 2) item must be in plain view from that vantage point, 3) illegal nature must be immediately apparent
400
The three exceptions to Miranda.
What is impeachment, booking, and public safety?
400
Factors for determining capacity to waive rights.
What is age, experience, education, background, intelligence, etc. Totality of the circumstances determine capacity to understand warnings, nature of rights, and consequences of waiving those rights.
400
Deliberate Elicitation.
What is informant information paid if info is produced, but not if it doesn't have the extra incentive. Something more than interrogation. Subjective.
500
When police may arrest someone.
What is 1) with a warrant, 2) In public, based on probable cause to believe that the individual has committed or is about to commit a crime.
500
Scope of a protective sweep.
What is a a “cursory inspection of those spaces where a person may be found. The sweep lasts no longer than is necessary to dispel the reasonable suspicion of danger and in any event no longer than it takes to complete the arrest an depart the premises.” Buie.
500
Is a confession considered voluntary.
What is cannot be deprived of bodily functions (bathroom), food, climate (hot or cold). Cannot be coercive.
500
What can be admitted from a confession in violation of Miranda.
What are physical fruits.
500
When a different statutory offense will provide 6th Amendment protections.
What is when elements of one offense are necessary to satisfy elements for the other. Otherwise even the same course of conduct does not mean right attaches.