Constitutional Law & Civil Rights Flashcards
7 cards from real MPOETC practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Constitutional Law & Civil Rights flashcards as text
Under Graham v. Connor, the reasonableness of an officer's use of force is evaluated from the perspective of:
Answer: A reasonable officer on the scene without the benefit of hindsight
Graham v. Connor established an objective reasonableness standard evaluated from the viewpoint of a reasonable officer at the scene.
Which exception allows police to enter a home without a warrant when there is an immediate threat of harm to a person inside?
Answer: The exigent circumstances exception
The exigent circumstances exception permits warrantless entry when officers reasonably believe someone inside faces imminent danger.
A defendant's Sixth Amendment right to counsel attaches at which point?
Answer: At the initiation of formal criminal proceedings such as arraignment or indictment
The Sixth Amendment right to counsel is offense-specific and attaches at the start of formal adversarial proceedings.
When officers conduct an inventory search of an impounded vehicle, this is constitutionally permissible because:
Answer: It is an administrative procedure conducted under standardized policies, not a pretext for investigation
Inventory searches are valid when conducted pursuant to standardized departmental procedures and not used as a pretext to search for evidence.
The Eighth Amendment prohibition against cruel and unusual punishment applies primarily to which phase of the criminal justice process?
Answer: Post-conviction punishment and prison conditions
The Eighth Amendment's cruel and unusual punishment clause applies to convicted prisoners and the conditions of their confinement.
An officer stops a vehicle for a traffic violation and subsequently arrests the driver. Under Arizona v. Gant, when can the officer search the vehicle's passenger compartment incident to arrest?
Answer: Only when the arrestee is unsecured and within reach of the vehicle, or when it is reasonable to believe the vehicle contains evidence of the arrest offense
Arizona v. Gant limited vehicle searches incident to arrest to situations where the arrestee is unsecured and within reach or where evidence of the crime may be found in the vehicle.
Under the Due Process Clause of the Fourteenth Amendment, a confession is involuntary and inadmissible if it was obtained through:
Answer: Coercion, threats, or promises that overbear the suspect's free will
A confession is involuntary under the totality of circumstances if police conduct overcame the suspect's free will through coercion or improper promises.