Federal Law Flashcards

A content-neutral restriction on speech in a public forum must satisfy which constitutional test?

Answer: Intermediate scrutiny — narrowly tailored to serve a significant government interest, leaving open alternative channels

Content-neutral time, place, and manner restrictions in public forums must be narrowly tailored to serve a significant government interest and leave open adequate alternative channels of communication.

Evidence obtained in violation of the Fourth Amendment is generally excluded at trial under the exclusionary rule. Which of the following is an exception to this rule?

Answer: The officers acted in good faith reliance on a warrant later found to be defective

Under United States v. Leon, the good-faith exception permits admission of evidence obtained pursuant to a warrant that officers reasonably relied upon, even if the warrant is later found to be invalid.

A suspect in custody invokes his right to counsel during interrogation. Under the Fifth and Sixth Amendment framework, police must:

Answer: Cease all questioning until an attorney is present

Once a suspect invokes the right to counsel during custodial interrogation, all questioning must cease until counsel is present or the suspect reinitiates communication.

The Takings Clause of the Fifth Amendment requires just compensation when the government takes private property. A regulation that denies an owner all economically beneficial use of land is characterized as:

Answer: A per se regulatory taking requiring just compensation

Under Lucas v. South Carolina Coastal Council, a regulation that destroys all economic value of property constitutes a per se taking requiring just compensation under the Fifth Amendment.

The Fourth Amendment's protection against unreasonable searches extends to areas where an individual has:

Answer: A subjective and objectively reasonable expectation of privacy

Under Katz v. United States, Fourth Amendment protection depends on whether the individual had a subjective expectation of privacy that society recognizes as objectively reasonable.

Under the Fifth Amendment's Double Jeopardy Clause, which of the following is NOT barred by the clause?

Answer: Successive prosecution by both federal and state governments for the same conduct

Under the dual sovereignty doctrine, separate prosecutions by the federal government and a state for the same conduct do not violate Double Jeopardy because they are separate sovereigns.

Which standard applies to a government restriction on commercial speech under the First Amendment?

Answer: The Central Hudson four-part test requiring the speech to concern lawful activity, serve a substantial interest, and be narrowly tailored

Commercial speech is protected under the First Amendment but subject to the four-part Central Hudson test: the speech must concern lawful activity, the government interest must be substantial, the regulation must directly advance that interest, and be no more extensive than necessary.