Constitutional Rights Flashcards

Under the 'plain view' doctrine, an officer may seize evidence without a warrant if:

Answer: The officer is lawfully present, the item is in plain view, and its incriminating nature is immediately apparent

Plain view requires lawful presence, an item in open view, and immediately apparent incriminating character.

The Fifth Amendment protection against self-incrimination applies to:

Answer: Testimonial evidence only, not physical evidence such as DNA or fingerprints

The Fifth Amendment covers compelled testimonial or communicative evidence, not physical evidence like blood samples or fingerprints.

A suspect invokes the right to counsel during custodial interrogation. Officers must:

Answer: Immediately cease questioning until an attorney is present

Per Edwards v. Arizona, once counsel is invoked, all interrogation must stop until an attorney is present.

The 'automobile exception' to the warrant requirement allows police to search a vehicle without a warrant when:

Answer: There is probable cause to believe the vehicle contains evidence of a crime

The automobile exception requires probable cause; the vehicle's mobility creates exigent circumstances justifying a warrantless search.

Which Supreme Court case established that evidence obtained in violation of the Fourth Amendment must be excluded from trial?

Answer: Mapp v. Ohio

Mapp v. Ohio (1961) applied the exclusionary rule to state courts, requiring suppression of illegally obtained evidence.

A Terry stop is justified when an officer has:

Answer: Reasonable articulable suspicion that criminal activity is afoot

Terry v. Ohio permits a brief investigatory stop based on reasonable articulable suspicion, a lower standard than probable cause.

The Sixth Amendment right to counsel attaches at:

Answer: The initiation of formal criminal proceedings such as arraignment or indictment

The Sixth Amendment right to counsel is offense-specific and attaches upon commencement of formal adversarial proceedings.