Constitutional Rights Flashcards
7 cards from real MTA 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 Rights flashcards as text
A suspect in custody says 'Maybe I should talk to a lawyer.' How should officers respond?
Answer: Continue questioning because the request was ambiguous and not an unequivocal invocation
Per Berghuis v. Thompkins, an ambiguous or equivocal request for counsel does not require cessation of questioning; the invocation must be unequivocal.
What is the primary purpose of the exclusionary rule?
Answer: To deter police misconduct by removing the incentive to conduct unlawful searches
The exclusionary rule's primary purpose is deterrence of future constitutional violations by law enforcement, not punishment or compensation.
Under the First Amendment, which type of speech receives the LEAST constitutional protection?
Answer: Obscenity that meets the Miller v. California three-part test
Obscenity as defined by Miller v. California is categorically unprotected speech under the First Amendment.
An officer arrests a suspect without a warrant for a felony committed outside the officer's presence. This arrest is valid if:
Answer: The officer had probable cause to believe the suspect committed the felony
Officers may make warrantless felony arrests in public when they have probable cause, regardless of whether the offense was witnessed.
The 'inevitable discovery' exception to the exclusionary rule allows admission of illegally obtained evidence when:
Answer: The prosecution proves the evidence would have been discovered through lawful means independent of the illegal conduct
Nix v. Williams established that evidence is admissible if the government proves by a preponderance that lawful discovery was inevitable.
A police officer may conduct a warrantless search of a probationer's home if:
Answer: The probationer agreed to a search condition as a term of probation and reasonable cause exists
Probationers have reduced Fourth Amendment expectations; searches are valid under a probation search condition with at least reasonable suspicion.
Which statement best describes the 'independent source' exception to the exclusionary rule?
Answer: Evidence is admissible if it was obtained through a separate, untainted legal investigation independent of the illegal conduct
The independent source doctrine allows admission of evidence obtained through a genuinely separate lawful investigation not connected to the constitutional violation.