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
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.
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.
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.
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.
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.
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.
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.