Legal Authority and Procedures Flashcards

Under which exception to the warrant requirement may an officer arrest a misdemeanor suspect without a warrant?

Answer: When the misdemeanor was committed in the officer's presence

For misdemeanor arrests without a warrant, most jurisdictions require that the offense was committed in the officer's presence (the in-presence rule).

Which legal standard is required for a Terry stop (investigative detention)?

Answer: Reasonable articulable suspicion

Terry v. Ohio (1968) established that a brief investigative stop requires only reasonable articulable suspicion — a lower standard than probable cause for arrest.

A suspect in custody invokes their right to counsel. Under Miranda, the officer must:

Answer: Immediately cease questioning until counsel is present

Under Edwards v. Arizona (1981), once a suspect invokes the right to counsel, all questioning must cease immediately until counsel is present or the suspect reinitiates communication.

The legal concept of 'qualified immunity' in law enforcement means:

Answer: Officers are immune from civil liability unless they violated clearly established law

Qualified immunity protects officers from civil liability under 42 U.S.C. § 1983 unless their conduct violated a clearly established statutory or constitutional right that a reasonable person would have known.

An officer stopping a vehicle must have at least:

Answer: Reasonable articulable suspicion of a traffic violation or criminal activity

Vehicle stops (like Terry stops) require at minimum reasonable articulable suspicion that a traffic violation or criminal activity has occurred or is occurring.

The exclusionary rule, established in Mapp v. Ohio (1961), requires that:

Answer: Evidence obtained in violation of the Fourth Amendment be excluded from trial

Mapp v. Ohio applied the federal exclusionary rule to the states, requiring that evidence obtained through unconstitutional searches and seizures be excluded from criminal trials.