MTA Constitutional Rights 2 — Questions and Answers
Question 1: Under the 'plain view' doctrine, an officer may seize evidence without a warrant if:
- The officer is lawfully present, the item is in plain view, and its incriminating nature is immediately apparent (Correct answer)
- The officer suspects contraband is present anywhere in the home
- The item is seen through a window from the street at any time
- The officer obtains verbal consent from a neighbor
Correct 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.
Question 2: The Fifth Amendment protection against self-incrimination applies to:
- Testimonial evidence only, not physical evidence such as DNA or fingerprints (Correct answer)
- All forms of evidence a suspect possesses
- Only written statements made to police
- Evidence obtained during a valid search warrant execution
Correct 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.
Question 3: A suspect invokes the right to counsel during custodial interrogation. Officers must:
- Immediately cease questioning until an attorney is present (Correct answer)
- Allow the suspect to call an attorney but continue questioning
- Document the request and continue if the offense is serious
- Transfer the suspect to a different officer who may continue questioning
Correct 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.
Question 4: The 'automobile exception' to the warrant requirement allows police to search a vehicle without a warrant when:
- There is probable cause to believe the vehicle contains evidence of a crime (Correct answer)
- The vehicle is parked on a public street
- The driver has been arrested for any offense
- The officer believes the driver may flee the jurisdiction
Correct 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.
Question 5: Which Supreme Court case established that evidence obtained in violation of the Fourth Amendment must be excluded from trial?
- Mapp v. Ohio (Correct answer)
- Terry v. Ohio
- Miranda v. Arizona
- Katz v. United States
Correct answer: Mapp v. Ohio
Mapp v. Ohio (1961) applied the exclusionary rule to state courts, requiring suppression of illegally obtained evidence.
Question 6: A Terry stop is justified when an officer has:
- Reasonable articulable suspicion that criminal activity is afoot (Correct answer)
- Probable cause to believe a crime has been committed
- A warrant issued by a magistrate judge
- Consent from the individual being stopped
Correct 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.
Question 7: The Sixth Amendment right to counsel attaches at:
- The initiation of formal criminal proceedings such as arraignment or indictment (Correct answer)
- The moment of arrest
- When police begin to focus their investigation on a suspect
- When a suspect requests an attorney during any questioning
Correct 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.
MTA Constitutional Rights 2
Under the 'plain view' doctrine, an officer may seize evidence without a warrant if: