Con Law - Final

Question 1

Arrestee is within reaching distance of vehicle.

Police reasonably believe the vehicle contains evidence to the arrest.

Answer 1

Arizona v. Gant (2009)

Question 2

Warrantless search of a person’s home by a probation officer with reasonable grounds, does not violate 4th Amendment rights.

Answer 2

Griffin v. Wisconsin (1987)

Question 3

True motivations of an officer are irrelevant, as long as the stop was valid and based on reasonable suspicion.

Answer 3

Whren v. US (1996)

Question 4

In the absence of Consent or Exigent Circumstances, you CANNOT make a dynamic entry into a suspect’s home to make a routine, warrantless, felony arrest.

Answer 4

Payton v. New York (1980)

Question 5

Individuals arrested without warrant, are entitled to prompt timely hearing before a neutral judge.

Answer 5

Gerstein v. Pugh (1975)

Question 6

Probable cause hearings must be held within 48 hours of the arrest.

Answer 6

County of Riverside v. McLaughlin (1991)

Question 7

Warrantless arrest are permissible for all criminal matters and even for non-criminal traffic matters.

Answer 7

Atwater v. City of Lago Vista (2001)

Question 8

Good Faith - A factual mistake will not invalidate the search as long as the officers discontinue the search at the point of discovery of error.

Answer 8

Maryland v. Garrison (1987)

Question 9

Although knock and announce is part of the requirement of reasonableness in searches and seizures, it is not a rigid rule and is subject to exceptions based on law enfrocement interests.

Answer 9

Wilson v. Arkansas (1995)

Question 10

The 4th Amendment does not permit a blanket exception to the knock and announce requirement for felony drug cases.

Answer 10

Richards v. Wisconsin (1997)

Question 11

The US Supreme Court declared that deadly force cannot be used against a fleeing person unless they pose a threat to the lives of officers or to the lives of others.

Answer 11

Tennesse v. Garner (1985)

Question 12

Forcing a person off the road to terminate a pursuit is just when the suspect poses substantial and immediate risk of serious physical injury to others.

Answer 12

Scott v. Harris (2007)

Question 13

Officer is forced to give statements about on-duty events.

Answer 13

Garrity v. New Jersey (1967)

Question 14

Miranda exists to protect a defendants 5th Amendment Rights.

Answer 14

Miranda v. Arizona

Question 15

Miranda is not required during a routine traffic stop.

Answer 15

Pennsylvania v. Bruder (1988)

Question 16

When questions asked by police officers are reasonably prompted by the concern for public safety, the responses are admissible in court even though the suspect was in police custody and was not given Miranda.

Answer 16

New York v. Quarles (1984)

Question 17

The police may approach for re-interrogation 14 days after the subject is released from custody. A person serving a sentence in the general prison population is considered to be released from custody for Miranda purposes.

Answer 17

Edwards v. Arizona (1981)

Question 18

A defendant’s silence at the time of arrest cannot be used against him or her at trial even for impeachment purposes.

Answer 18

US v. Hale (1975)

Question 19

Defendant has a 6th Amendment right to an attorney at the time that the adversarial criminal proceedings have been initiated.

Answer 19

Moore v. Illinois (1977)

Question 20

Show-ups are unduly suggestive.

Answer 20

State v. Dubose (2005)

Question 21

The presence of counsel is required at a post-indictment pretrial lineup.

Answer 21

Wade/Gilbert Rule

Question 22

6th Amendment right to counsel is applicable to state proceedings through the Due Process Clause of the 14th Amendment. The right to counsel for a crime, extends to state courts.

Answer 22

Gideon v. Wainwright (1963)

Question 23

Exclusionary rule applies to all states through the Due Process Clause of the 14th Amendment.

Answer 23

Mapp v. Ohio

Question 24

The prosecutor has a duty to disclose evidence favorable to a defendant; failure to isclose violates a defendant’s constitutional right to due process.

Answer 24

Brady v. Maryland

Brady Rule