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
The 'fruit of the poisonous tree' doctrine means that:
Answer: Evidence derived from an initial illegal search or seizure is also inadmissible
The fruit of the poisonous tree doctrine extends the exclusionary rule to derivative evidence obtained as a result of the original constitutional violation.
During a lawful arrest, an officer may search the area within the arrestee's immediate control 'incident to arrest' for which purposes?
Answer: To protect officer safety and prevent destruction of evidence
Searches incident to arrest are justified by the need to disarm the suspect and prevent evidence destruction, limited to the area of immediate control.
Which case established that the police must inform suspects of their constitutional rights before a custodial interrogation?
Answer: Miranda v. Arizona
Miranda v. Arizona (1966) required law enforcement to advise suspects of their rights to silence and counsel before custodial interrogation.
A person validly consents to a search. Which of the following would make that consent legally invalid?
Answer: Consent is given after an officer tells the person they have no choice but to allow the search
Consent obtained through coercion or misrepresentation that the person must comply is involuntary and therefore legally invalid.
Under the community caretaking doctrine, officers may conduct a warrantless search or seizure when:
Answer: They are performing a bona fide community caretaking function, though this exception does not extend to the home
The community caretaking doctrine applies to traffic stops and public safety functions but, per Caniglia v. Strom, does not justify warrantless home entry.
A police officer's use of deadly force against a fleeing suspect is constitutionally permissible under Tennessee v. Garner only when:
Answer: The officer has probable cause to believe the suspect poses a significant threat of death or serious physical injury to the officer or others
Tennessee v. Garner prohibits use of deadly force on a fleeing felon unless the suspect poses an imminent threat of serious harm to others.
Which of the following best describes the 'inevitable discovery' exception to the exclusionary rule?
Answer: Illegally obtained evidence is admissible if it would have been discovered through lawful means independent of the illegal action
The inevitable discovery doctrine allows admission of tainted evidence if the prosecution can show it would have been lawfully discovered anyway.