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Constitutional and Case Law Flashcards

7 cards from real Law Enforcement practice questions. Tap to flip, then mark Knew It or Still Learning โ€” missed cards come back until you master them.

Read the first 7 Constitutional and Case Law flashcards as text
  1. Miranda warnings are required when a suspect is subjected to what two conditions?

    Answer: Custody and interrogation

    Miranda v. Arizona requires warnings only when a person is both in custody and subject to interrogation.

  2. Under the 'public safety' exception in New York v. Quarles, officers may question a suspect without Miranda warnings when what is at stake?

    Answer: An immediate threat to public or officer safety

    Quarles permits limited pre-warning questioning when there is an immediate danger to public safety, such as locating a discarded weapon.

  3. If a suspect unambiguously invokes the right to counsel during interrogation, officers must do what?

    Answer: Cease interrogation until counsel is present

    Edwards v. Arizona requires that all interrogation stop once a suspect clearly requests an attorney.

  4. Routine booking questions like name and address are generally exempt from Miranda because they are not what?

    Answer: Interrogation designed to elicit incriminating responses

    Pennsylvania v. Muniz recognized a booking exception because basic biographical questions are not interrogation aimed at incrimination.

  5. A valid Miranda waiver must be made how?

    Answer: Knowingly, voluntarily, and intelligently

    A waiver of Miranda rights is valid only if it is made knowingly, voluntarily, and intelligently.

  6. In Berghuis v. Thompkins, the Court held that to invoke the right to remain silent, a suspect must do what?

    Answer: Unambiguously assert the right

    Berghuis held that the right to silence must be invoked unambiguously; mere silence does not invoke it.

  7. Miranda is grounded primarily in which constitutional protection?

    Answer: Fifth Amendment privilege against self-incrimination

    Miranda warnings protect the Fifth Amendment privilege against compelled self-incrimination.