Definitions

Question 1

Free and Voluntary

Answer 1

Made without duress, fear or compulsion

Question 2

Factors to determine “in custody”

Answer 2

1 Number of officers present
2 Attitude toward person questioned
3 stage of the investigation
4 environment of interview
5 whether suspect was free to leave

Question 3

Questioning

Answer 3

Asking directly, or using words and actions that would be reasonable likely to elicit incriminating responses

Question 4

Edwards Rule

Answer 4

Police- initiated questioning must cease if the suspect expresses a desire to speak with police only through counsel - suspect cannot be questioned further until counsel is made available or suspect initiates further questioning

During interrogations

Question 5

Wong Sun Doctrine

Answer 5

Fruit of the poisonous tree - confession derived immediately from an unlawful arrest/search - confession/fruits violate 4th Amendment

Question 6

Delay in arraignment rule

Answer 6

McNabb - Mallory

Question 7

4 exceptions to Right to Counsel and Self-Incrimination

Answer 7

-For impeachment purposes
-At a grand jury trial
-Non-official questioning (voluntary statements to civilians)
-Public Safety

Question 8

Criminal justice model that views the apprehension and conviction of criminals as the most important function of the criminal justice system

Answer 8

Crime Control Model

Question 9

Criminal justice model that stresses reliability and minimizing potential mistakes

Answer 9

Due process model

Question 10

Exceptions to exclusionary rule

Answer 10

Good faith
Impeachment purposes
Grand jury trials
Parole hearings/civil trials
Inevitable discovery
Plain view
Independent Source

Question 11

In a tort action, the plaintiff must prove…

Answer 11

Defendant had a duty
That duty was breached
Causal connection between breach and injury
Injury resulted from that breach

Question 12

In a Title 42, 1983 (civil) claim of injury, the plaintiff must establish…

Answer 12

Deprivation of rights/privileges/immunities
Officer acted under color of law

Question 13

Officials performing discretionary functions are protected if their conduct doesn’t violate a clearly established right of which a reasonable person would have known

Answer 13

Qualified immunity

Question 14

Qualified immunity has a two-step analysis…

Answer 14

If the law was clearly established
If acting under that law, an objectively reasonable officer would believe the conduct was unlawful

Question 15

Civil actions against officers/admin

Answer 15

Title 42, US Code 1983

Question 16

Criminal actions against officers

Answer 16

Title 18, US Code 242

Question 17

Title 18, 242 (criminal) cases - prosecutor introduce evidence to show…

Answer 17

Officer was acting under color of law
Deprivation of rights
Officer acted willfully or intentionally

Question 18

Supervisors may be held liable for actions of subordinates

Answer 18

Respondeat superior doctrine

Question 19

All general laws and regulations necessary to secure peace, order, health and prosperity of the people and the regulation/protection of property rights

Answer 19

Police power

Question 20

Granted to officers to to carry out the duties of their position

Answer 20

Police authority

Question 21

Police power is limited by what three factors

Answer 21

Constitutional rights
Necessity of legitimate public service
Reasonable exercise of that power

Question 22

Mandates executive and juidicial officers be bound by oath or affirmation

Answer 22

Article VI

Question 23

Prohibits unreasonable search and seizures of persons or property

Answer 23

Fourth Amendment

Question 24

Enumerates safeguards for persons accused of a crime; self-incrimination; due process

Answer 24

Fifth Amendment

Question 25

Speedy and public trial by impartial jury; to be confronted by witnesses against them; right to counsel

Answer 25

Sixth Amendment

Question 26

Applied 4th, 5th and 6th Amendments to the states

Answer 26

14th Amendment

Question 27

Requirements of a valid arrest warrant

Answer 27

Supported by PC Supported by oath or affirmation Persons must be particularly described State nature of offense Designate officer/class of officers Issued in the name of US/State Signed by neutral/detached judicial officer

Question 28

Permits the introduction of evidence initially discovered during, or the consequence of, an unlawful search but later obtained independently from lawful activities untainted by the initial illegality

Answer 28

Independent source doctrine

Question 29

What degree of proof is necessary in determining voluntariness of a confession?

Answer 29

Preponderance of the evidence

Question 30

Things to consider in determining reasonable suspicion

Answer 30

- Info from reliable person - Reports from other agencies - In an area of expected criminal activity - Unprovoked flight

Question 31

Tort Law

Answer 31

Duty Breach Causal connection Injury

Question 32

Title 42, 1983 (civil)

Answer 32

Deprivation of rights Under color of law

Question 33

Title 18 , 242 (criminal)

Answer 33

Deprivation of rights Color of law Wilfully or intentionally

Question 34

Vicarious liability makes it essential for supervisors and agencies provide...

Answer 34

Appropriate training and oversight

Question 35

In order to hold city/agency liable under 1983 (civil), plaintiff must show....

Answer 35

- Failed to train officer - Failure to train amounted to deliberate indifference - Causal connection to injury

Question 36

What mandates all executive and judicial officers be bound by oath or affirmation?

Answer 36

Article VI