Constitutional Law
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Questions and Answers

What is the primary purpose of studying Constitutional Law in law enforcement training?

  • To understand international law
  • To effectively enforce laws while understanding legal boundaries (correct)
  • To prepare for civil suits against the department
  • To learn about criminal psychology

    • Which Amendment is specifically focused on the right against self-incrimination?

  • First Amendment
  • Fifth Amendment (correct)
  • Fourth Amendment
  • Sixth Amendment

    • What aspect of law enforcement does the Fourth Amendment primarily address?

  • The right to legal representation
  • Protection against unreasonable searches and seizures (correct)
  • The right to free speech
  • The rights of the accused during trial

    • What is one of the key outcomes of understanding the Sixth Amendment for peace officers during interrogations?

    <p>It changes how rights must be communicated to suspects</p> Signup and view all the answers

    What vital aspect must peace officers understand about their powers under the Constitution?

    <p>Their powers and limitations are clearly defined</p> Signup and view all the answers

    Which of the following best describes the relationship between the Bill of Rights and local law enforcement through the Fourteenth Amendment?

    <p>The Fourteenth Amendment makes Federal guidelines applicable to local law enforcement</p> Signup and view all the answers

    Which of the following factors differentiates civil law from criminal law?

    <p>The burden of proof required to establish liability</p> Signup and view all the answers

    What potential penalties are associated with violations of civil law compared to criminal law?

    <p>Civil law usually leads to monetary compensation, while criminal law may involve incarceration</p> Signup and view all the answers

    What defines the difference between reasonable suspicion and probable cause?

    <p>Probable cause requires a higher level of certainty than reasonable suspicion.</p> Signup and view all the answers

    Which step in the criminal justice process involves the physical holding of a person?

    <p>Arrest</p> Signup and view all the answers

    What is the primary role of a police officer in the criminal justice process?

    <p>To gather facts to establish the level of sureness.</p> Signup and view all the answers

    How is the level of freedom that can be taken away from a person determined?

    <p>By the amount of factual evidence available.</p> Signup and view all the answers

    What should a police officer focus on instead of moral outrage?

    <p>What the law requires.</p> Signup and view all the answers

    What is the significance of having an 'amount of facts' in law enforcement?

    <p>It sets the basis for whether to detain, arrest, or convict.</p> Signup and view all the answers

    Which action represents the highest level of loss of freedom?

    <p>Conviction</p> Signup and view all the answers

    Which of the following best describes 'detention'?

    <p>A temporary stop to ask questions.</p> Signup and view all the answers

    What can result from a lack of sufficient factual evidence against a suspect?

    <p>A 'not guilty' verdict.</p> Signup and view all the answers

    What is 'reasonable suspicion' defined as?

    <p>Facts and circumstances leading to suspicion of criminal involvement.</p> Signup and view all the answers

    What does the criminal justice system ultimately measure concerning individuals?

    <p>Amount of facts supporting their guilt or innocence.</p> Signup and view all the answers

    In which step of the criminal justice process does a prosecutor file charges?

    <p>Charging of the Suspect</p> Signup and view all the answers

    What is the role of a grand jury in the criminal justice process?

    <p>To determine the probable cause and decide on charges.</p> Signup and view all the answers

    What is the primary purpose of a preliminary hearing in felony cases?

    <p>To establish probable cause</p> Signup and view all the answers

    Which court handles misdemeanor cases in St. Louis County?

    <p>Associate Circuit Court</p> Signup and view all the answers

    What happens if a defendant pleads 'guilty' during the arraignment?

    <p>Sentencing takes place immediately</p> Signup and view all the answers

    What is an 'Alford plea'?

    <p>A guilty plea without admitting to guilt</p> Signup and view all the answers

    Which of the following roles is NOT associated with the issuance of warrants and summons?

    <p>Defendant</p> Signup and view all the answers

    What may a defendant do regarding a preliminary hearing?

    <p>Waive the hearing</p> Signup and view all the answers

    At what point do pretrial motions primarily occur?

    <p>Before the trial begins</p> Signup and view all the answers

    What does a motion to suppress aim to achieve?

    <p>To exclude evidence that was improperly obtained</p> Signup and view all the answers

    What is the process of discovery primarily concerned with?

    <p>Gathering evidence to build a case</p> Signup and view all the answers

    Which type of plea is often referred to as 'no contest'?

    <p>Nolo contendere</p> Signup and view all the answers

    Why might a prosecutor prefer a grand jury review over a preliminary hearing?

    <p>Grand juries are more responsive to the prosecutor</p> Signup and view all the answers

    What is one potential outcome of plea bargaining?

    <p>A reduced charge to avoid trial</p> Signup and view all the answers

    When can a motion for discovery occur?

    <p>At any time after the preliminary hearing</p> Signup and view all the answers

    How is a suppression hearing initiated?

    <p>When a motion to suppress is filed</p> Signup and view all the answers

    What is required for speech advocating unlawful conduct to lose its protection?

    <p>It must incite imminent lawless action and be likely to produce such action.</p> Signup and view all the answers

    Which amendment ensures that no state can take away the rights guaranteed to U.S. citizens?

    <p>Fourteenth Amendment</p> Signup and view all the answers

    Under what conditions can the government regulate the time, place, and manner of speech?

    <p>If it is necessary to maintain public order.</p> Signup and view all the answers

    What defines a local police officer's role with respect to the branches of government?

    <p>Part of the Executive Branch enforcing state laws.</p> Signup and view all the answers

    Which of the following accurately describes the Exclusionary Rule?

    <p>Any evidence obtained by illegal means must be excluded from trial.</p> Signup and view all the answers

    What is the principle behind the concept of Right and Remedy?

    <p>If a right exists, it must have a corresponding remedy for it to hold meaning.</p> Signup and view all the answers

    What does incendiary speech include?

    <p>Speech that endangers national security.</p> Signup and view all the answers

    What is the effect of the Fourteenth Amendment on local law enforcement concerning the Bill of Rights?

    <p>It makes the Bill of Rights applicable to state law enforcement.</p> Signup and view all the answers

    Which of the following amendments provides for a speedy trial?

    <p>Sixth Amendment</p> Signup and view all the answers

    Which Supreme Court case upheld the regulation of time, place, and manner of speech?

    <p>Kovacs v. Cooper</p> Signup and view all the answers

    What is a common frustration faced by police officers when performing their duties?

    <p>Conflicting expectations between the Executive and Judicial branches.</p> Signup and view all the answers

    Speech regarding government and its agents is particularly protected under which principle?

    <p>First Amendment protections</p> Signup and view all the answers

    What type of conduct does the Brandenburg test specifically pertain to?

    <p>Advocacy of illegal conduct.</p> Signup and view all the answers

    What can trigger the application of time, place, and manner restrictions on speech?

    <p>The setting in which the speech takes place.</p> Signup and view all the answers

    Which amendment protects individuals from self-incrimination?

    <p>Fifth Amendment</p> Signup and view all the answers

    What is a key factor that distinguishes probable cause from reasonable suspicion?

    <p>Probable cause requires a higher degree of certainty.</p> Signup and view all the answers

    What percentage of certainty is generally associated with the definition of probable cause?

    <p>51%</p> Signup and view all the answers

    Which of the following actions may take place during the investigation phase that follows a detention?

    <p>Asking questions to establish identity.</p> Signup and view all the answers

    What should an officer do after making an arrest to formalize the process?

    <p>Seek a judicial order for the arrest.</p> Signup and view all the answers

    What is a primary purpose of the booking process?

    <p>To document the suspect's identity and belongings.</p> Signup and view all the answers

    Which statement best describes reasonable suspicion?

    <p>It is based on a mere hunch without substantial facts.</p> Signup and view all the answers

    What must an officer avoid confusing booking with?

    <p>Formal legal charges against the suspect.</p> Signup and view all the answers

    What describes the relationship between probable cause and the criminal justice process?

    <p>Probable cause is built from collected evidence over time.</p> Signup and view all the answers

    Which of the following factors is NOT significant when determining probable cause?

    <p>The emotions of the suspect.</p> Signup and view all the answers

    What differentiates a warrant application from a direct presentation to a judge?

    <p>Warrant applications are presented to the prosecuting attorney's office.</p> Signup and view all the answers

    What is a significant challenge for new law enforcement officers in determining reasonable suspicion?

    <p>They may not have enough information to confirm a hunch.</p> Signup and view all the answers

    What legal concept allows officers to navigate the gray area between suspicion and belief?

    <p>The reasonable officer standard.</p> Signup and view all the answers

    Which scenario illustrates a situation with probable cause?

    <p>A suspect's alibi is confirmed by a reliable friend.</p> Signup and view all the answers

    What role does the process of booking serve in law enforcement?

    <p>It protects the department from lawsuits related to the suspect's property.</p> Signup and view all the answers

    What is Missouri's Twenty-four-Hour Rule designed to prevent?

    <p>The indefinite holding of a suspect without a charge.</p> Signup and view all the answers

    What consequences may arise from failing to follow the 24-hour rule?

    <p>Civil liability for false imprisonment may occur.</p> Signup and view all the answers

    What principle is emphasized about facts in a democratic legal system?

    <p>Demonstrable facts are required for legal actions.</p> Signup and view all the answers

    What is the first step in the charging process in St. Louis County?

    <p>Filing an information by the prosecutor.</p> Signup and view all the answers

    Which right is NOT guaranteed under the Fifth Amendment?

    <p>The right to a jury trial.</p> Signup and view all the answers

    Which of the following accurately describes an 'information'?

    <p>A statement of the charges against the suspect and supporting facts.</p> Signup and view all the answers

    What is the main focus of the criminal justice process?

    <p>The trial and its associated procedures.</p> Signup and view all the answers

    The right to be confronted with witnesses is part of which amendment?

    <p>Sixth Amendment</p> Signup and view all the answers

    What can happen if a prosecutor refuses to issue an information?

    <p>The suspect must be released immediately.</p> Signup and view all the answers

    What must exist before a person can be arrested under the law?

    <p>Probable cause for the arrest.</p> Signup and view all the answers

    What does the Fourth Amendment primarily protect against?

    <p>Unreasonable searches and seizures.</p> Signup and view all the answers

    What is the purpose of sending a case to a grand jury?

    <p>To allow an independent evaluation of evidence.</p> Signup and view all the answers

    Which power is reserved for the states under the Tenth Amendment?

    <p>The power to regulate intrastate commerce.</p> Signup and view all the answers

    Why are facts important in the criminal justice system?

    <p>They provide a basis for procedural justice.</p> Signup and view all the answers

    What does a 'true bill' from a grand jury indicate?

    <p>The grand jury has found probable cause.</p> Signup and view all the answers

    In Missouri, how long can a suspect be held without a charge?

    <p>24 hours.</p> Signup and view all the answers

    What is a potential danger mentioned regarding public perceptions of rights for the accused?

    <p>Rights guaranteed in the Constitution may be overlooked.</p> Signup and view all the answers

    What is the consequence of the '48-hour rule' established by the Supreme Court?

    <p>It has no effect on Missouri's legal framework.</p> Signup and view all the answers

    In regards to the criminal process, what is the role of checks and balances?

    <p>To coordinate actions between the executive and judicial branches.</p> Signup and view all the answers

    What extension can be granted in specific cases when pursuing a warrant?

    <p>An extension by the prosecutor's office.</p> Signup and view all the answers

    What does the Bill of Rights primarily guarantee?

    <p>Individual rights and liberties.</p> Signup and view all the answers

    What does it mean when a prosecutor 'takes under advisement' an application for a warrant?

    <p>More evidence is needed before a decision is made.</p> Signup and view all the answers

    What amendment ensures the right to a speedy and public trial?

    <p>Sixth Amendment</p> Signup and view all the answers

    What is the primary role of the prosecution in a trial?

    <p>To prove the charges beyond a reasonable doubt</p> Signup and view all the answers

    Which of the following best describes the purpose of a preliminary hearing?

    <p>To evaluate the evidence presented by the prosecutor.</p> Signup and view all the answers

    What does Amendment IX state regarding rights?

    <p>Certain rights should not be denied.</p> Signup and view all the answers

    According to the content, mob justice is considered an exception in society because:

    <p>It rarely occurs and is not acceptable.</p> Signup and view all the answers

    How is a grand jury composed?

    <p>Up to 23 citizens required for a vote of indictment.</p> Signup and view all the answers

    What does the term 'Voir Dire' refer to in the context of jury selection?

    <p>The process of questioning prospective jurors</p> Signup and view all the answers

    What is the minimum value that requires a jury trial according to Amendment VII?

    <p>$20</p> Signup and view all the answers

    What is the function of the judge during a trial?

    <p>To administer the court and make rulings on questions of law</p> Signup and view all the answers

    Which of the following is NOT a part of a defendant's defense strategy?

    <p>Preparing cross-examination questions for the jury</p> Signup and view all the answers

    How is a jury expected to reach a decision in a trial?

    <p>By weighing the evidence presented and listening to arguments</p> Signup and view all the answers

    What historical method used combat to determine guilt or innocence?

    <p>Trial by combat</p> Signup and view all the answers

    What happens if the jury finds the defendant not guilty?

    <p>The defendant is exonerated from the charges</p> Signup and view all the answers

    What rule dictates that the prosecution must prove its case beyond a reasonable doubt?

    <p>Burden of proof</p> Signup and view all the answers

    In a typical jury trial, how many members comprise the jury?

    <p>12 members</p> Signup and view all the answers

    What does a 'challenge for cause' refer to during jury selection?

    <p>Jurors being dismissed based on conflicts of interest or bias</p> Signup and view all the answers

    What is the main purpose of the defense in a trial?

    <p>To raise doubts about the prosecution's evidence</p> Signup and view all the answers

    What happens after the prosecution presents its case in chief?

    <p>The defense presents its case</p> Signup and view all the answers

    What is the outcome if the judge rules on a question of law during the trial?

    <p>It is only reviewable on appeal</p> Signup and view all the answers

    What effect does the choice of champions have in a trial by combat?

    <p>It signifies divine intervention in the trial outcome</p> Signup and view all the answers

    How do jurors demonstrate their impartiality during selection?

    <p>By providing truthful accounts of their backgrounds</p> Signup and view all the answers

    What is the main purpose of the defense attorney during cross-examination?

    <p>To challenge the credibility of the witness</p> Signup and view all the answers

    Which of the following is typically allowed during cross-examination?

    <p>Leading questions</p> Signup and view all the answers

    What does redirect examination aim to accomplish?

    <p>To reinforce the witness's earlier testimony</p> Signup and view all the answers

    In a jury trial, who is responsible for determining the admissibility of evidence?

    <p>The Judge</p> Signup and view all the answers

    What is one main objective of the prosecuting attorney?

    <p>To prove guilt beyond a reasonable doubt</p> Signup and view all the answers

    What should a witness avoid doing during cross-examination?

    <p>Giving expansive answers</p> Signup and view all the answers

    How do jury members determine a case's outcome?

    <p>By weighing the evidence presented</p> Signup and view all the answers

    What is the role of hearsay in a trial?

    <p>It is generally not admissible as evidence</p> Signup and view all the answers

    What is one pitfall a witness should avoid during direct examination?

    <p>Failing to prepare adequately</p> Signup and view all the answers

    What triggers re-cross examination?

    <p>Damage from redirect examination</p> Signup and view all the answers

    Who typically has the role of discrediting the witness during a trial?

    <p>The Defense Attorney</p> Signup and view all the answers

    What is the standard required for the defense to ask for a 'not guilty' verdict?

    <p>Proof beyond a reasonable doubt</p> Signup and view all the answers

    What should jurors do if they reach a hung jury?

    <p>Return with no decision on the verdict</p> Signup and view all the answers

    What must a prosecutor establish to use exceptions to the hearsay rule?

    <p>Specific conditions related to hearsay</p> Signup and view all the answers

    What distinguishes criminal law from civil law?

    <p>Criminal law involves only the government, while civil law involves private parties.</p> Signup and view all the answers

    What is the role of the Exclusionary Rule in the legal system?

    <p>It protects constitutional rights by excluding certain evidence.</p> Signup and view all the answers

    Which amendment is primarily associated with the right to free speech?

    <p>First Amendment</p> Signup and view all the answers

    How does the Fourteenth Amendment affect citizenship?

    <p>It establishes citizenship as a universal right for all born under U.S. jurisdiction.</p> Signup and view all the answers

    What aspect of law do 'rights and remedies' represent?

    <p>They outline the relationship between legal entitlements and the means to enforce them.</p> Signup and view all the answers

    Which branch of government is primarily responsible for enforcing laws?

    <p>Executive</p> Signup and view all the answers

    What does the term 'fighting words' refer to, in the context of the First Amendment?

    <p>Words that provoke or incite immediate violence or breach of peace.</p> Signup and view all the answers

    In the bill of rights, what do the first ten amendments primarily guarantee?

    <p>Protection against federal overreach in individual rights.</p> Signup and view all the answers

    What is required for a civil case to be successful in court?

    <p>Preponderance of the evidence.</p> Signup and view all the answers

    What legal standard is used in criminal cases?

    <p>Proof beyond a reasonable doubt.</p> Signup and view all the answers

    Which amendment protects individuals from unreasonable searches and seizures?

    <p>Fourth Amendment</p> Signup and view all the answers

    What is considered protected speech under the First Amendment?

    <p>Political speech criticizing the government.</p> Signup and view all the answers

    What impact does the Fourteenth Amendment have on local law enforcement officers?

    <p>It mandates respect for citizens' constitutional rights during law enforcement activities.</p> Signup and view all the answers

    What does the concept of citizenship entail under the Fourteenth Amendment?

    <p>Citizenship grants individuals specific rights and protections under federal law.</p> Signup and view all the answers

    Which legal process is typically used to ensure education and transparency in teaching law enforcement procedures?

    <p>Quizzes and mid-terms.</p> Signup and view all the answers

    What is the main requirement for the admissibility of eyewitness identification evidence?

    <p>The identification must occur within a certain time frame after the crime.</p> Signup and view all the answers

    What is one of the two requirements for admissible one-on-one confrontations according to Supreme Court decisions?

    <p>The confrontation should occur shortly after the crime.</p> Signup and view all the answers

    What does the term 'chain of custody' refer to in law?

    <p>The trail of evidence from seizure to courtroom presentation.</p> Signup and view all the answers

    What is the purpose of the Exclusionary Rule?

    <p>To exclude evidence obtained illegally.</p> Signup and view all the answers

    How does the Fruit of the Poisonous Tree Doctrine affect evidence admissibility?

    <p>It excludes evidence derived from illegally obtained evidence.</p> Signup and view all the answers

    Which of the following best describes the 'Best Evidence Rule'?

    <p>Original documents must be presented unless unavailable.</p> Signup and view all the answers

    In what circumstance is the police officer's testimony considered hearsay?

    <p>When it proves the content of a written report.</p> Signup and view all the answers

    What is a critical limitation of the Exclusionary Rule, as noted in discussions?

    <p>It often does not deter police misconduct effectively.</p> Signup and view all the answers

    What role does an attorney play in eyewitness identification procedures?

    <p>To ensure the procedures do not violate rights.</p> Signup and view all the answers

    What is one of the four exceptions to the Exclusionary Rule?

    <p>Good faith exception.</p> Signup and view all the answers

    What must a prosecutor prove to use the exceptions to the Exclusionary Rule?

    <p>That the evidence was obtained through legal means.</p> Signup and view all the answers

    What type of identification method is used when the suspect is in physical custody?

    <p>Lineup.</p> Signup and view all the answers

    What does the hearsay rule generally state about hearsay evidence?

    <p>It is inadmissible unless it fits certain exceptions.</p> Signup and view all the answers

    Which of the following is an example where police involvement in an identification might be restricted?

    <p>When the suspect is arrested without a warrant.</p> Signup and view all the answers

    What is a restriction placed on prisoners regarding their religious practices?

    <p>Prisoners can believe anything, but cannot act on those beliefs if disruptive.</p> Signup and view all the answers

    In the case of Gibson v. Miller, what was the Florida prisoner's claim?

    <p>The right to perform martial arts as part of religious expression.</p> Signup and view all the answers

    What is not a guaranteed right for prisoners regarding their beliefs?

    <p>The ability to act on beliefs without restrictions.</p> Signup and view all the answers

    What was the nature of the complaints made by the Florida prisoner regarding the practice of Satanism?

    <p>He wanted access to tarot cards and doves' blood.</p> Signup and view all the answers

    How do the First Amendment rights of prisoners differ from those of non-incarcerated individuals?

    <p>Prisoners' beliefs are protected, but actions based on those beliefs can be limited.</p> Signup and view all the answers

    What is the primary requirement for obtaining admissions and confessions in law enforcement?

    <p>Voluntariness of the confession</p> Signup and view all the answers

    Which of the following is NOT typically included in a Miranda warning?

    <p>The right to a jury trial</p> Signup and view all the answers

    When is a Miranda warning required?

    <p>If a suspect is in custody and subject to interrogation</p> Signup and view all the answers

    What must occur if a suspect indicates they do not wish to talk after receiving a Miranda warning?

    <p>The interrogation must cease immediately</p> Signup and view all the answers

    Which statement best describes the concept of 'custody' for Miranda purposes?

    <p>Custody involves a situation where a suspect's freedom is restricted</p> Signup and view all the answers

    What is the effect of a suspect being under the influence of drugs during questioning?

    <p>It may impact the validity of their waiver of rights</p> Signup and view all the answers

    Who bears the burden of proving that a valid Miranda warning was given?

    <p>The law enforcement officer who issued the warning</p> Signup and view all the answers

    What should an officer do if a suspect begins to make a statement immediately after receiving a Miranda warning?

    <p>Clarify if the suspect understands the warning</p> Signup and view all the answers

    In what scenario might repeating a Miranda warning be necessary?

    <p>When a suspect expresses confusion about their rights</p> Signup and view all the answers

    Which factor should NOT influence the requirement for a Miranda warning?

    <p>The complexity of the case being investigated</p> Signup and view all the answers

    What is the primary purpose of a Miranda warning?

    <p>To protect suspects from self-incrimination</p> Signup and view all the answers

    What happens if an officer does not provide a Miranda warning during custodial interrogation?

    <p>The confession may be ruled inadmissible</p> Signup and view all the answers

    Which of the following accurately describes interrogation for Miranda purposes?

    <p>Merely asking for a suspect's name does not constitute interrogation</p> Signup and view all the answers

    What establishes a custody situation for Miranda purposes?

    <p>The officer's actions that prevent departure.</p> Signup and view all the answers

    Which factor has NO effect on whether a situation is perceived as custodial?

    <p>The suspect's personal beliefs.</p> Signup and view all the answers

    What is considered interrogation under Miranda guidelines?

    <p>Statements meant to encourage incriminating responses.</p> Signup and view all the answers

    Which statement best reflects the significance of a written waiver of Miranda rights?

    <p>It provides evidence of rights being explained.</p> Signup and view all the answers

    Under what circumstances can interrogation begin without a waiver of rights?

    <p>If there is a clear understanding of the rights given.</p> Signup and view all the answers

    What can indicate a change from a non-custodial to a custodial situation?

    <p>Multiple officers arriving at the scene.</p> Signup and view all the answers

    What critical element is tied to the need for Miranda warnings?

    <p>The officer's intent to secure the suspect’s statements.</p> Signup and view all the answers

    Which of the following actions would NOT indicate the need for Miranda rights?

    <p>Asking a suspect if they need help finding a location.</p> Signup and view all the answers

    When is a show of a weapon deemed appropriate during a stop?

    <p>During stops involving suspects of violent crimes.</p> Signup and view all the answers

    Which of the following is true about juvenile suspects and Miranda rights?

    <p>A Deputy Juvenile Officer should supervise Miranda warnings.</p> Signup and view all the answers

    What happens if an officer uses insulting language toward a suspect?

    <p>It increases the likelihood of custody perception.</p> Signup and view all the answers

    What does prolonged questioning typically indicate about a situation?

    <p>The circumstances feel more custodial to a reasonable person.</p> Signup and view all the answers

    What must the prosecution demonstrate concerning Miranda warnings?

    <p>The warnings were delivered before any questioning began.</p> Signup and view all the answers

    What is the first major provision of the Fourth Amendment?

    <p>Right against unreasonable searches and seizures</p> Signup and view all the answers

    Which of the following best differentiates a stop from an arrest?

    <p>A stop involves temporary detention, while an arrest is a formal charge.</p> Signup and view all the answers

    What is the level of justification required for a voluntary contact?

    <p>No justification needed</p> Signup and view all the answers

    What type of Fourth Amendment seizure is an investigative detention?

    <p>A brief stop based on reasonable suspicion</p> Signup and view all the answers

    Which of the following is a restriction officers should adhere to during an investigative detention?

    <p>Detention should last no longer than necessary</p> Signup and view all the answers

    What is required to establish probable cause for an arrest?

    <p>A collection of facts to lead a reasonable belief</p> Signup and view all the answers

    Which of the following types of searches may be authorized following an arrest?

    <p>Search for evidence directly related to the arrest</p> Signup and view all the answers

    What guides the use of anonymous tips in forming reasonable suspicion?

    <p>They require corroboration from other evidence</p> Signup and view all the answers

    Which standard must be met if handcuffs are used during a detention?

    <p>Their use must be documented to avoid a claim of de facto arrest</p> Signup and view all the answers

    What legal distinction exists between a right and a privilege for prisoners?

    <p>Rights cannot be suspended without due process</p> Signup and view all the answers

    Which factor contributes to the reliability of information from a criminal informant?

    <p>The detail and corroboration of previous tips</p> Signup and view all the answers

    How does the Fourth Amendment impact law enforcement procedures?

    <p>It regulates contact, detention, and arrests</p> Signup and view all the answers

    What key factor did the English courts begin to consider in the 1700s regarding confessions?

    <p>Whether confessions were voluntary</p> Signup and view all the answers

    What was the significant ruling in Bram v. United States concerning confessions?

    <p>Confessions obtained under duress are unreliable</p> Signup and view all the answers

    What conclusion did the U.S. Supreme Court reach in Brown v. Mississippi regarding confessions?

    <p>Confessions gained under torture lack voluntariness</p> Signup and view all the answers

    What significant aspect did the Supreme Court address in Ashcroft v. Tennessee about confessions?

    <p>Confessions may be drawn out over an extensive period</p> Signup and view all the answers

    What issue arose in Leyra v. Denno that affected the confession's admissibility?

    <p>Confession induced by a psychiatrist-hypnotist</p> Signup and view all the answers

    What critical legal principle was solidified through the Miranda v. Arizona ruling?

    <p>Suspects have the right to remain silent during any questioning</p> Signup and view all the answers

    Which combination of conditions must exist for the Miranda warning to apply?

    <p>Custody and interrogation</p> Signup and view all the answers

    What impact does receiving a Miranda warning typically have on a suspect’s willingness to talk?

    <p>It usually discourages them from making a statement</p> Signup and view all the answers

    What type of evidence is not required to have a Miranda warning given before collection?

    <p>Physical evidence</p> Signup and view all the answers

    According to the history of law, which case significantly advanced the concept of voluntariness in confessions?

    <p>Brown v. Mississippi</p> Signup and view all the answers

    Which statement best describes the implications of the case Spano v. New York?

    <p>Coercive tactics can render confessions inadmissible</p> Signup and view all the answers

    What aspect of confession was criticized due to lack of guidance for law enforcement during the 1960s?

    <p>The imprecision of the voluntariness standard</p> Signup and view all the answers

    In the context of police interrogation practices, what was commonly labeled as 'the third degree'?

    <p>A form of physical torture</p> Signup and view all the answers

    Which of the following best describes the impact of the Fifth Amendment related to confessions?

    <p>It guarantees the right to remain silent</p> Signup and view all the answers

    What was a key emphasis in the Supreme Court's reasoning in the decision involving Townsend v. Sain?

    <p>Confessions induced by drugs are not voluntary</p> Signup and view all the answers

    What should be done if a suspect does not understand the Miranda warning even after it has been simplified?

    <p>Ask the suspect to explain what they do not understand</p> Signup and view all the answers

    In what scenario is it necessary to repeat the Miranda warning?

    <p>When a significant amount of time has passed between sessions</p> Signup and view all the answers

    What must be documented if a suspect changes from refusing to talk to agreeing to speak?

    <p>The original refusal and the new agreement</p> Signup and view all the answers

    What is the implication of the State v. Mitchell case regarding intoxicated suspects waiving their Miranda rights?

    <p>Intoxicated individuals may still knowingly waive their Miranda rights if they can articulate their situation.</p> Signup and view all the answers

    What should officers do if a suspect begins to make a statement immediately after the reading of the Miranda warning?

    <p>Clarify to ensure the suspect understands their rights first</p> Signup and view all the answers

    Which of the following is true regarding requests for an attorney during questioning?

    <p>Only explicit requests for an attorney must be adhered to.</p> Signup and view all the answers

    What must an officer do if a suspect refuses to sign a waiver but is willing to talk?

    <p>Document the refusal and continue questioning</p> Signup and view all the answers

    What does a tacit waiver imply in an interrogation situation?

    <p>There is no such thing as a tacit waiver; it must be overt.</p> Signup and view all the answers

    What is the recommended protocol if the suspect indicates a desire to halt questioning without a clear request for an attorney?

    <p>Continue questioning until the suspect explicitly states a desire to stop.</p> Signup and view all the answers

    Which of the following scenarios does NOT require the reading of Miranda rights?

    <p>A suspect is accused of a minor traffic violation.</p> Signup and view all the answers

    What must law enforcement do regarding a suspect who has been interrogated by different officers?

    <p>Miranda rights should be repeated every time a new officer takes over.</p> Signup and view all the answers

    When is it appropriate for an officer to document a suspect’s refusal to sign a waiver?

    <p>Whenever the suspect refuses to give a statement.</p> Signup and view all the answers

    What is the primary concern when interrogating individuals with diminished understanding of Miranda rights?

    <p>Ensuring they fully comprehend the rights being waived</p> Signup and view all the answers

    What does the U.S. Supreme Court decision regarding 'questions-first Miranda warning' imply?

    <p>It affirms that such practices violate a suspect's Constitutional rights.</p> Signup and view all the answers

    In Maryland v. Shatzer, how long is the established waiting period after a suspect invokes their right to an attorney?

    <p>14 days</p> Signup and view all the answers

    According to Edwards v. Arizona and Minnick v. Mississippi, when can a suspect who invoked their right to an attorney be interrogated again?

    <p>After being released from custody.</p> Signup and view all the answers

    What major distinction did the U.S. Supreme Court make regarding pre-interrogation practices?

    <p>Intentional practices are a violation of Constitutional rights.</p> Signup and view all the answers

    What is the implication of Justice Scalia's reasoning in the 14-day waiting period?

    <p>It applies to all jurisdictions and crimes regardless of prior invocation.</p> Signup and view all the answers

    At what point does a suspect become a defendant according to Kirby v. IL?

    <p>When formal charges are initiated.</p> Signup and view all the answers

    In Louisiana v. Montejo, what condition allows officers to interrogate an arraigned defendant without an attorney present?

    <p>If the defendant voluntarily waives their right to counsel.</p> Signup and view all the answers

    What remains unclear following the Supreme Court's decision concerning the 14-day waiting period?

    <p>Whether it applies to questions after release without custody.</p> Signup and view all the answers

    What did the U.S. Supreme Court decide regarding coercive effects in interrogation?

    <p>It requires a two-week period to recover their sense of autonomy.</p> Signup and view all the answers

    Which Amendment guarantees that a defendant has the right to an attorney at significant stages of criminal proceedings?

    <p>Sixth Amendment</p> Signup and view all the answers

    What legal situation complicates the enforcement of the 14-day waiting period?

    <p>The possibility of re-arrest for unrelated charges.</p> Signup and view all the answers

    Which statement accurately reflects the implications of the right to counsel after arraignment?

    <p>It allows questioning without an attorney if the defendant consents.</p> Signup and view all the answers

    What is required for interrogation during a suspect's custodial situation?

    <p>Miranda warnings must be read.</p> Signup and view all the answers

    What immediate action takes place when a suspect starts making significant incriminating statements?

    <p>Interrogation is suspended for Miranda to be read.</p> Signup and view all the answers

    Study Notes

    • Understanding Constitutional Law is crucial for law enforcement officers as it provides a framework for their actions.
    • This course will examine the Bill of Rights, particularly the First, Fourth, Fifth, Sixth and Fourteenth Amendments.
    • It will also explore the application of Fifth Amendment rights during interrogations and the impact of Sixth Amendment rights.
    • The course will delve into Fourth Amendment powers regarding search and seizure, including the search warrant and exceptions.

    Course Objectives

    • Identify differences between civil and criminal law:
      • Parties involved (state vs. person in criminal law, person vs. person in civil)
      • Actions that lead to involvement (crime in criminal law, tort in civil)
      • Proof required (proof beyond reasonable doubt in criminal law, preponderance of evidence in civil)
      • Potential penalties (fines, prison, possible death in criminal law, monetary compensation in civil)
    • Identify key aspects of the Bill of Rights:
      • The first ten amendments constitute the Bill of Rights.
      • The Bill of Rights outlines guarantees of basic rights for all citizens.
      • It specifies limitations on government actions.
      • The First, Fourth, Fifth, and Sixth Amendments directly impact law enforcement officers.
    • Identify key aspects of the Fourteenth Amendment:
      • Established the supremacy of federal law over state laws regarding citizen rights.
      • Guarantees equal rights for all citizens regardless of their state of residence.
      • Extends most provisions of the Bill of Rights to apply to local law enforcement.
    • Identify key aspects of the organization of the federal and state governments:
      • The government is divided into three branches: Legislative, Executive, and Judicial.
      • Law enforcement officers are part of the Executive branch, but their work is used by the Judicial branch.
    • Identify key aspects of the concept of "right and remedy":
      • Rights without remedies become meaningless.
      • The Exclusionary Rule, which excludes illegally obtained evidence from trials, serves as a remedy for violations of Fourth, Fifth, and Sixth Amendment rights.

    The Bill of Rights and the Fourteenth Amendment

    • First Amendment: Guarantees freedom of speech, religion, press, assembly, and the right to petition the government.
      • Exceptions to free speech:
        • Obscenity (defined by Miller v. California, 1973)
        • Fighting words (defined in Chaplinsky v. New Hampshire, 1942)
        • Commercial speech
        • Incendiary speech
        • Time, place, and manner restrictions
    • Fourth Amendment: Protects against unreasonable searches and seizures; requires a warrant with probable cause.
    • Fifth Amendment: Guarantees protection against self-incrimination.
    • Sixth Amendment: Guarantees the right to a speedy and public trial, legal counsel, and the confrontation of witnesses.
    • Fourteenth Amendment: Established national citizenship and guaranteed equal protection of the laws for all.

    The Criminal Process

    • The criminal justice process revolves around the trial but includes many steps before it.
    • Procedures are designed to ensure proper checks and balances between the branches of government.
    • Role of Facts:
      • Decisions in the criminal justice are based on demonstrable facts.
      • Subjectivity and personal opinions have minimal weight in legal proceedings.
    • Democractic Legal System:
      • The legal system upholds societal norms by reflecting the values and morals of the society.
      • Conflicts arise when societal morals are not unanimous or when different values clash.
      • Mob justice, while rare, highlights the dangers of a system driven solely by personal desires for punishment and undermines the very fabric of a democratic legal system.
      • More subtle dangers exist when rights are disregarded in the pursuit of conviction.

    Detention and Arrest

    • Police officers may detain individuals based on reasonable suspicion, which is a lower level of certainty than probable cause.
    • Reasonable suspicion is supported by facts and circumstances that would lead a reasonable person to suspect that a crime has been committed and that the individual detained is involved.
    • An arrest requires a higher level of certainty, known as probable cause.
    • Probable cause is supported by facts and circumstances that would lead a reasonable person to believe that a crime has been committed and that the individual being arrested committed the crime.
    • An arrest is the taking of a person into custody to answer a criminal charge.
    • Custody is the physical holding of a person or item.
    • Police officers must have proper justification for any action they take that restricts a person’s freedom, from voluntary contact to conviction.

    Booking

    • Booking is a police administrative procedure, not a legal procedure.
    • It is done at the police station after arrest and prior to putting the suspect in the holding cell.
    • The purpose of booking is to protect the suspect from loss of property, danger from using their property against themselves or others, and procedural errors that could result from a lack documentation of the suspect's presence.
    • It also protects the department from civil liability.
    • The booking process consists of collecting the suspect's belongings, establishing their identity and stating the charge for which the arresting officer believes probable cause exists.

    Warrant Application

    • An arrest warrant is a judicial order to take a person into custody to answer to a criminal charge.
    • It is issued by a judge who has jurisdiction over the place where the crime occurred.
    • In Missouri, an arrest warrant must be applied for and issued within 24 hours of the arrest, or the suspect must be released.
    • The warrant application is made to the prosecutor's office.
    • The 24-hour rule does not mean that the suspect is charged immediately, but that they cannot be held for any longer than 24 hours without a warrant.

    Charging Procedure

    • To be formally charged, a suspect is made a defendant.
    • The charging procedure begins with the prosecutor issuing a document called an information.
    • The information contains the statement of charges against the suspect and the facts that support those charges.
    • In order to meet the 24-hour rule, the prosecutor must either issue the information or send the case to the grand jury within 24 hours of the arrest.
    • The prosecutor may choose to refuse to issue the information, take the case under advisement, or send it to a grand jury.
    • The grand jury is an independent body of citizens tasked with listening to evidence against a suspect and determining if there is probable cause to issue an indictment.
    • The grand jury is an optional procedure for most jurisdictions, but they are required for federal crimes.
    • The grand jury may choose to issue an indictment in which case the suspect becomes a defendant and the case will proceed.
    • The grand jury may choose to not issue an indictment in which case the suspect is not charged and the case is dismissed.

    Arraignment

    • An arraignment is the first public hearing in a criminal case.
    • It is held in both misdemeanor and felony cases.
    • Misdemeanor arraignments are held in Associate Circuit Court.
    • Felony arraignments are held in Circuit Court.
    • The charges are read to the defendant and they are asked to enter a plea of guilty or not guilty.
    • If the defendant pleads guilty, sentencing occurs at this point.
    • If the defendant pleads not guilty, a trial date is scheduled.

    Preliminary Hearing

    • A preliminary hearing is a hearing held in felony cases in which a judge reviews probable cause to determine if there is sufficient evidence to proceed with the case.
    • The hearing is held in Circuit Court.
    • It is the first review of the probable cause for an arrest by a member of the judicial branch.
    • The defendant may waive the hearing.
    • The prosecutor may also request, instead, that the case be sent to the grand jury.
    • The purpose of the preliminary hearing is to determine if the prosecution has presented enough evidence to establish probable cause before requiring the defendant to stand trial.

    Investigation

    • An investigation takes place between a detention and an arrest to build the probable cause necessary for the arrest.
    • It generally involves asking questions, checking identification, and, if applicable, an eyewitness identification.
    • The investigation may be as simple as asking a couple of questions or as complex as a full-blown investigation with multiple agencies, detectives, and crime labs.
    • All criminal justice processes are information-gathering processes.

    The Four “Amounts of Fact”

    • There are four basic actions that can be taken regarding seizure of a person who is thought to be criminally involved.
    • The level of freedom that can be restricted depends on the amount of evidence available.
    • Voluntary Contact: The individual willingly stops to talk to an officer without being compelled to do so.
    • Detention: The individual is temporarily stopped so the officer can ask questions and determine whether they are involved in a crime. This requires reasonable suspicion.
    • Arrest: The individual is taken into custody to answer a criminal charge. This requires probable cause.
    • Conviction: The individual is found guilty of a crime and loses their freedom, oftentimes for a specific period of time. This is determined by a court of law, not law enforcement.

    The Grand Jury

    • Decides whether to issue an indictment based on the evidence presented by the prosecutor.
    • Used for more complex cases if the case requires a lot of witnesses.
    • More responsive to the prosecutor than a judge.
    • Routine cases are sent to a judge and more complex cases are sent to the grand jury.

    Probable Cause

    • Established during a preliminary hearing.
    • If a grand jury hearing is held before a warrant is issued, then the preliminary hearing is waived.
    • If a judge determines probable cause, the suspect is “bound over” for trial.

    Motions

    • A formal request made to the judge.
    • Motion for discovery is a request to obtain information from the opposing party.
    • Motion to suppress is a request to exclude evidence from the trial.

    Motion for Discovery

    • The process for gathering information from the opposing party.
    • Includes actions like taking depositions, interrogatories, and seeking permission to enter property for observation.
    • Parties are required to answer questions truthfully and completely.

    Motion to Suppress Evidence

    • Made by the defense to exclude specific evidence.
    • The defense typically attempts to suppress evidence that they believe was obtained illegally.
    • Initiates a suppression hearing, which involves arguments for the exclusion of evidence based on the exclusionary rule.

    Plea Bargaining

    • Occurs after both parties understand which evidence will be admissible.
    • The defense will offer to plead guilty to a lesser charge to avoid a higher penalty for the original charge.
    • The prosecution may agree to the lesser charge if they are uncertain of the strength of their case.

    Historical Models of Trial

    • Trial by ordeal: The accused had to endure a test that would require the intervention of God to pass.
    • Trial by combat: The accused and the accuser chose champions who fought for them.

    Parties in a Jury Trial

    • Four participants involved: the judge, the jury, the prosecution, and the defense.

    The Judge

    • Administers the court, making rulings on questions of law.
    • Rulings stand for the trial and can be overruled only by an appeal.

    The Prosecution

    • Represents the interest of society in a criminal case.
    • Goal is to win the case for the state, proving the charges beyond a reasonable doubt.

    The Defense

    • Goal is to win the case for the defendant by raising reasonable doubts regarding the defendant’s guilt.
    • Can also win by appealing rulings of law.

    The Jury

    • Made up of 12 unbiased peers of the defendant.
    • Listens to all evidence presented, arguments from both sides, and legal instructions from the judge.
    • Weighs facts and makes a decision on guilt or innocence.

    Voir Dire and Jury Selection

    • A process by which potential jurors are interviewed to assess their suitability to serve on a jury.
    • Attorneys can challenge jurors they do not want.
    • Challenges can be for cause or preemptory.

    Back to the Trial

    • A complex system, where the judge acts as the referee and the jury decides the outcome.

    Flow of the Trial

    • Jury selection, opening statements, prosecution case, defense case, closing arguments, jury instructions, deliberation, and verdict.

    Opening Statements

    • Provide a preview of the case.
    • Defense may pass.

    Prosecution Case

    • establishes the facts of the case against the defendant.
    • Witnesses are called to testify: direct examination by the prosecutor followed by cross examination by the defense.

    Direct Examination

    • No leading questions allowed.
    • Witness must state evidence with little prompting.

    Cross Examination

    • Leading questions allowed.
    • Questions must pertain to information revealed in direct examination.
    • Defense attempts to undermine the credibility of the witness.

    Re-direct and Re-cross Examinations

    • Questions regarding information from earlier examinations.
    • Re-direct allows the prosecutor to address potential damage done during cross-examination.
    • Re-cross allows attacks on topics brought up in re-direct.

    Scope of Examination

    • Set by direct examination and narrowed by each subsequent examination.

    Defense Case

    • Presented after the prosecution“rests.”
    • Follows the same process as the prosecution case.

    Closing Arguments

    • Final attempt to convince the jury to decide in favor of each side.
    • Not considered evidence.

    Jury Instructions

    • Judge instructs the jury regarding relevant issues of law.

    Deliberation and Verdict

    • Jury retires to a separate room to deliberate and reach a verdict.
    • Jurors must reach a unanimous decision on guilt or innocence.
    • If no verdict can be reached, it is called a hung jury, which requires a retrial.

    Sentencing

    • Usually occurs in a separate hearing.

    The Investigator as a Witness

    • Investigator acts as the ears and eyes of the prosecution.
    • Critical to present accurate information that will help convict the suspect.
    • Must be truthful and concise during testimony.
    • Must be prepared to present information clearly and concisely.

    Pitfalls for Witnesses During Cross Examination

    • Do not volunteer additional information not required to answer questions.
    • Do not lose your cool or help the defense attorney discredit your testimony.
    • Always pause before answering a question to allow the prosecutor time to object.

    Rules of Evidence

    • Determine what evidence is admissible in court.

    Evidence

    • Testimony or items presented in court to prove an issue.

    Chain of Custody

    • Accounting of where physical evidence has been from seizure until introduction into court.
    • Ensures the item presented is the same as the item seized.

    Best Evidence Rule

    • Original documents should be presented as evidence instead of copies.

    Hearsay

    • Out-of-court statements offered in court to prove the truth of what is stated.
    • Generally inadmissible but may be admissible under certain exceptions.
    • Police reports are examples of hearsay.

    Hearsay Exceptions

    • Specific situations where hearsay may be admissible.
    • Often used by police reports to prove facts.

    Eyewitness Identification

    • Must be reliable to be admissible.
    • Types of identification methods include lineups, photo spreads, and one-on-one confrontations.

    The Exclusionary Rule

    • Excludes illegally obtained evidence from trial.
    • Prevents the use of evidence that violates the suspect’s constitutional rights.
    • Designed to deter police misconduct.
    • Includes exceptions to the rule.

    Fruit of the Poisonous Tree Doctrine

    • Extends the exclusionary rule to evidence obtained as a result of illegally obtained evidence.

    Exceptions to the Exclusionary Rule

    • Specific circumstances when illegally obtained evidence may be admissible.
    • Examples include good faith exceptions and inevitable discovery.

    The Miranda Warning

    • Miranda v. Arizona established that a confession is inadmissible unless the suspect is made aware of their rights and waives them.
    • The Miranda warning protects the suspect's Fifth Amendment right against self-incrimination.
    • The Miranda warning also provides the suspect with the right to an attorney, which is not directly related to the Sixth Amendment, but rather to protect the Fifth Amendment right.
    • The Miranda warning applies when a suspect is both in custody and being interrogated.
    • It's important to note that the Miranda warning is only required for testimonial evidence, not non-testimonial evidence.

    Custody for Miranda Purposes

    • Custody exists if a reasonable person would believe they are not free to leave or refuse to answer questions.
    • Factors that suggest custody include:
      • The officer's demeanor, such as hostile behavior, ordering actions, or using insulting language.
      • The number of officers present.
      • The location of the interview (unfamiliar, isolated, or outside of normal business hours).
    • However, just because a suspect is in custody doesn't automatically mean Miranda is required.
      • Temporary detentions, for example, do not always trigger Miranda.

    Interrogation for Miranda Purposes

    • Interrogation is defined as any action by the officer intended to elicit incriminating statements from the suspect.
    • This includes:
      • Direct questioning.
      • Statements or actions designed to encourage the suspect to make incriminating statements.
      • Confronting the suspect with evidence against them.
    • Booking questions are usually not considered interrogation.
    • Officers can listen to volunteered statements, but should avoid extending the scope of the statement with questions, as this would be considered interrogation.

    Giving the Miranda Warning

    • The prosecution bears the burden of proving that a Miranda warning was given and that it was valid.
    • The Miranda warning should include:
      • The right to remain silent.
      • The right to an attorney.
      • The right to an appointed attorney if they cannot afford one.
    • The suspect must agree to both understand their rights and waive them before interrogation can begin.
    • A written waiver is valuable but not legally required.
    • With Berghuis v.Thompkins (2010), the USSC ruled that if the suspect understands their rights and chooses to answer, it can be considered a waiver, even after a long period of silence.

    Special Considerations for Giving the Miranda Warning

    • Juveniles should not be Mirandized by patrol officers. A Deputy Juvenile Officer should supervise all interactions with juveniles.
    • Individuals with apparent sub-standard intelligence should have the warning given in a simplified form.
    • While care should be taken when dealing with someone under the influence of drugs or alcohol, a simplified warning is not required as long as it contains the same information.

    After the Warning is Given

    • If the suspect doesn't understand the warning, the officer should explain it in a way they can comprehend.
    • If the suspect wants to make a statement, the officer should document the statement and ensure the waiver is valid.
    • If the suspect refuses to talk, the officer should respect their decision and stop questioning.
    • If the suspect requests an attorney, the officer should stop questioning and wait for the attorney to arrive.
    • If the suspect agrees to talk but won't sign a written waiver, the officer should document the verbal agreement.
    • If the suspect doesn't respond to the warning, the officer should act as if a valid waiver has not been obtained.
    • If the suspect starts giving a statement immediately after the warning, the officer should document the statement and ensure the suspect understands their rights.
    • If the suspect changes their mind about the waiver after questioning has begun, the officer should stop questioning.
    • If the suspect wishes to waive their rights after an initial refusal to talk, the officer should repeat the warning and ensure the suspect understands their rights.
    • If the suspect wishes to waive their rights after an initial request for an attorney, the officer should ensure the suspect knows that the lawyer can be present during questioning.
    • If the suspect makes ambiguous requests to stop answering questions or to have an attorney present during questioning, the officer should err on the side of caution and stop questioning.

    Repeating the Warning

    • It's a good idea to repeat the warning if:
      • There is a substantial period of time between the initial warning and the interrogation.
      • The suspect is intoxicated or under the influence of drugs.
      • The suspect is mentally unstable.
      • The situation changes significantly, such as the addition of new charges.
    • If prior custodial interrogation took place without a Miranda warning, the warning should be given as soon as possible.
    • The Miranda protections last as long as the suspect remains in custody.

    Sixth Amendment Rights

    • Once the government initiates adversarial judicial proceedings, the suspect is considered a defendant.

    • Sixth Amendment rights apply then, which protects the defendant's right to counsel during all critical stages of the criminal proceedings.

    • This means that the defendant may still waive their rights, but interrogation on unrelated crimes is generally not allowed.### Miranda Rights

    • Even blood alcohol levels exceeding .24% do not automatically preclude a suspect from knowingly and intelligently waiving Miranda rights if they can still communicate and understand the warning.

    • Prior case law established that intoxication is not an issue as long as it does not rise to the level of "mania".

    • An individual must be able to clearly understand the Miranda warning, including their right to remain silent and the right to an attorney, and must knowingly and voluntarily choose to waive those rights.

    Waiver of Rights

    • A suspect's attorney is responsible for protecting their rights once present.
    • It is a good practice to ask the attorney if they wish to have the Miranda warning read to their client as a courtesy.
    • If a suspect does not understand the Miranda warning, the officer can explain and re-read the rights in a simplified manner.
    • If a suspect continues to claim they do not understand, it should be treated as a refusal to speak.
    • There's no legal requirement for a written waiver if a suspect verbally agrees to speak.
    • A suspect's verbal waiver must be overt and cannot be inferred from actions or silence.
    • If a suspect begins making a statement after acknowledging they understand their rights, it can be assumed they've waived them.
    • Officers should clarify any ambiguity regarding a suspect's willingness to speak or request for an attorney.
    • The burden of proof lies with the prosecution to prove that a suspect's statements were made knowingly and voluntarily.

    Repeating Miranda Warnings

    • Miranda warnings should be repeated if there is a significant passage of time, a change in interrogating personnel, or a change of location.
    • Changing the topic of interrogation does not require repeating the warning.
    • A two-part interrogation technique, where guilt-seeking questions are asked before Miranda warnings are read, is unconstitutional.
    • The intentional "warming-up" of a suspect with guilt-seeking questions before reading Miranda is prohibited.

    Interrogation After Invoking Right to Counsel

    • A suspect who has invoked their Miranda right to an attorney can be re-approached and interrogated only after they have been released from custody and a 14-day waiting period has passed.
    • This waiting period is intended to ensure that the suspect has had enough time to regain their sense of autonomy and make a free decision about cooperating with law enforcement.
    • It is unclear whether the 14-day waiting period applies to all officers, all crimes, and all jurisdictions.
    • If a suspect was initially arrested and questioned by one jurisdiction, officers from another jurisdiction with probable cause to arrest the suspect for a different crime would also have to wait 14 days before interrogating them without an attorney present.

    Sixth Amendment Rights

    • Once a suspect becomes a defendant by being formally charged, indicted, or arraigned, they have a right to an attorney present at all significant points in the criminal proceedings.
    • This right is granted by the Sixth Amendment and is different from the Fifth Amendment rights protected by Miranda.
    • Officers may still approach arraigned defendants to ask if they are willing to be questioned without an attorney present, as long as the defendant has not previously invoked their Sixth Amendment right to counsel.
    • If the defendant agrees to be questioned without an attorney, a Miranda warning must be used to ensure the waiver is knowing and voluntary.

    Fourth Amendment Rights

    • The Fourth Amendment protects individuals from unreasonable searches and seizures.
    • This amendment defines the legal boundaries for police interaction with citizens, specifically regarding contacts, detentions, and arrests.

    Voluntary Contacts

    • A voluntary contact is not considered a seizure under the Fourth Amendment and does not require any specific level of justification.
    • Officers can initiate a voluntary contact with any individual as long as the individual feels free to leave.
    • The level of force used during a voluntary contact must be reasonable and proportionate.

    Investigative Detentions

    • An investigative detention is considered a brief seizure under the Fourth Amendment and requires reasonable suspicion that criminal activity is afoot.
    • Reasonable suspicion can be based on specific and articulable facts and can be corroborated by credible information from reliable sources, including anonymous tips.
    • Detentions must be brief and officers must be diligently pursuing the investigation that led to the detention.
    • Officers can use handcuffs during a detention but must document the reason for doing so to avoid it being considered an unlawful arrest.

    Arrests

    • An arrest constitutes a significant seizure under the Fourth Amendment and requires probable cause that a crime has been committed.
    • Probable cause must be based on specific and articulable facts that lead a reasonable officer to believe that the suspect committed the crime.
    • After arrest, officers can surveil the suspect but are limited by the Fourth Amendment's restrictions on search and seizure.
    • The use of force during an arrest must be reasonable and proportionate to the threat posed by the suspect.
    • Deadly force can only be used during an arrest if there is a reasonable belief that the suspect poses an immediate and serious threat of death or serious bodily harm to the officer or others.
    • An arrest allows for a lawful search incident to arrest, which may be conducted on the person and within the suspect's immediate control.
    • Officers have the legal authority to arrest suspects in public places, in the suspect's own residence, or in the residence of a third party.
    • These require obtaining proper warrants, having probable cause, or establishing legitimate consent.
    • There are specific statutes, like RSMo Sec. 544.216, that provide officers with authority to make arrests for traffic violations and local ordinances.
    • This can be challenged if the arrest appears to be a pretextual action for an unrelated matter.

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