Constitutional Rights and Civil Liberties Flashcards

What is 'qualified immunity' and how does it protect law enforcement officers?

Answer: It shields officers from civil liability unless they violated clearly established constitutional rights

Qualified immunity protects officers from civil suits unless their actions violated clearly established law.

Under the First Amendment, can a trooper order someone to stop recording police activity in public?

Answer: No, recording police in public spaces is generally protected by the First Amendment

Multiple federal courts have held that recording police activity in public is protected by the First Amendment.

What is the significance of the 'exclusionary rule' as a constitutional remedy?

Answer: It deters police misconduct by excluding unconstitutionally obtained evidence from trial

The exclusionary rule serves primarily as a deterrent against unconstitutional police conduct.

A trooper suspects a person of being an undocumented immigrant during a traffic stop. What are the constitutional limitations?

Answer: The trooper cannot extend the stop solely to investigate immigration status without reasonable suspicion of a violation

Under Rodriguez v. United States, a traffic stop cannot be prolonged beyond its original purpose without independent reasonable suspicion.

What constitutional protections apply during a police lineup identification?

Answer: The suspect has a Sixth Amendment right to counsel at post-indictment lineups

After formal charges, the Sixth Amendment guarantees the right to have an attorney present during a lineup.

Under what circumstances does the Second Amendment affect a trooper's interaction with armed citizens?

Answer: In states with legal open carry, lawful possession of a firearm alone does not constitute reasonable suspicion

Where firearm possession is legal, simply carrying a weapon does not provide grounds for a stop or detention.