1What constitutional protection governs police conduct?
Due process.
2When is forced bodily intrusion unconstitutional?
When it shocks the conscience.
3Why is forced blood draw sometimes constitutional?
Exigent circumstances involving dissipating BAC.
4What is incorporation?
Applying Bill of Rights protections to the states through the Fourteenth Amendment.
5Why was incorporation slow historically?
The Bill of Rights originally applied only to the federal government.
6What does the selective incorporation doctrine do?
Incorporates rights considered fundamental.
7What is the supervisory power of federal courts?
Authority to create procedural rules not required by the Constitution.
8What is harmless error review?
A conviction stands if the outcome would be the same absent the error.
9When may supervisory power NOT be used?
When it contradicts constitutional standards or federal rules.
10What is the exclusionary rule?
Evidence obtained illegally must be excluded from trial.
11Why was the exclusionary rule created?
The Fourth Amendment needs an enforcement mechanism.
12What does the good-faith exception allow?
Admission of evidence obtained in reasonable reliance on a defective warrant.
13When is the good-faith exception NOT available?
When police lie, act recklessly, or rely on obviously invalid warrants.
14What is the Franks principle?
Police cannot rely on warrants containing knowingly false statements.
15Why does reliance on later-invalidated statutes sometimes qualify for good faith?
Officers cannot predict whether a legislature acted unconstitutionally.
16Are knock-and-announce violations subject to exclusion?
No.
17When is police negligence insufficient for exclusion?
When it is isolated or careless, not deliberate or reckless.
18What rule applies when law changes between search and trial?
Objective reliance on binding precedent avoids exclusion.
19What is the Katz test?
Whether someone had a reasonable expectation of privacy and whether police violated it.
20What is subjective expectation of privacy?
Whether the person actually expected privacy.
21What is objective expectation of privacy?
Whether society recognizes the expectation as reasonable.
22What is curtilage?
The immediate area surrounding a home afforded Fourth Amendment protection.
23What are open fields?
Areas outside curtilage not protected by the Fourth Amendment.
24When is aerial surveillance not a search?
When anyone could legally make the observation.
25What is the key limit on sense-enhancing technology?
It cannot reveal information inside the home not otherwise visible without intrusion.
26Why are police dogs allowed without a warrant?
They only reveal contraband and are considered sense-enhancing tools.
27Why is abandoned DNA not protected?
There is no reasonable expectation of privacy in abandoned biological material.
28What is the third-party doctrine?
Information voluntarily shared with a third party is not protected.
29Why is cell-site location information an exception?
It reveals comprehensive historical movements.
30What is the trespass test?
A physical intrusion for gathering information constitutes a search.
31What is the significance of attachment of a GPS device?
It is a physical trespass to a vehicle and therefore a search.
32Why is entry onto a porch with a drug dog a search?
Because it intrudes upon curtilage.
33What does “not free to leave” indicate?
A seizure of a person.
34What is a seizure of property?
Meaningful interference with possessory rights.
35What is the test for whether police encounters are seizures?
Whether a reasonable person feels free to decline police requests.
36When does a seizure occur during pursuit?
When the suspect submits or is physically restrained.
37Is force that fails to restrain still a seizure?
Yes, if applied with intent to restrain.
38Does pulling over a vehicle seize all occupants?
Yes, both driver and passengers.
39Why is deadly force a seizure?
It prevents freedom of movement.
40What is probable cause?
A substantial basis to believe evidence or crime will be found.
41How is probable cause established?
Totality of the circumstances.
42Can probable cause become stale?
Yes, if time passes and circumstances change.
43Can police seek an anticipatory warrant?
Yes, when execution depends on future triggering events.
44What is required for a warrant to issue?
Neutral magistrate, probable cause, and particularity.
45What is particularity?
A clear description of place and items to be searched or seized.
46When is forced entry allowed under a warrant?
When exigent circumstances suggest imminent destruction of evidence.
47Can warrants apply to people on premises?
Only if there is individualized justification.
48What is the plain-view doctrine?
Police may seize items if lawfully present and incriminating character is immediately apparent.
49Why must officers have probable cause in plain-view seizures?
To ensure the item is truly contraband or evidence.
50When is home entry without a warrant allowed?
When exigent circumstances exist.
51Do minor offenses create exigency?
Generally no.
52What is officer-created exigency?
Police cannot manufacture exigency through unreasonable conduct.
53When is warrantless arrest allowed?
When police have probable cause to believe a felony was committed.
54What is required after a warrantless arrest?
Prompt probable cause determination.
55Can state law limit federal warrantless arrests?
No.
56What is a pretextual stop?
A stop based on probable cause even if motivated by another purpose.
57What must a traffic stop be limited to?
The mission of addressing the traffic violation.
58When do dog sniff delays invalidate a stop?
When they extend the duration beyond mission-related steps.
59Can luggage be detained without a warrant?
No, under Place, prolonged detention of luggage requires a warrant.
60What is a search incident to arrest?
A full search of the person and grab area after a lawful arrest.
61Why can't police search a cell phone incident to arrest?
Digital data poses no safety threat.
62When may officers take DNA after arrest?
For serious offenses where government interests outweigh privacy.
63What is the Chimel rule?
Officers may search the area within the arrestee’s immediate control.
64What is the “cone of Chimel”?
The area the arrestee could reach at the time of arrest.
65When does Chimel not apply?
When there is no valid arrest.
66What is a protective sweep?
A limited search for dangerous individuals.
67What is the automobile exception?
Police may search vehicles without a warrant if probable cause exists.
68Do officers need exigency for the automobile exception?
No.
69Can police search passenger containers with probable cause?
Yes.
70What limits searches under Gant?
Searches must be justified by reachability or likelihood of evidence related to the crime of arrest.
71What is a Terry stop?
A brief detention for investigation based on reasonable suspicion.
72What is reasonable suspicion?
Specific, articulable facts indicating criminal activity is afoot.
73What permits a frisk?
Reasonable suspicion that a suspect is armed and dangerous.
74Can reasonable mistakes justify stops?
Yes, if objectively reasonable.
75How long may Terry stops last?
Only as long as reasonably necessary.
76Can handcuffing occur during a Terry stop?
Yes, if necessary for officer safety.
77When does a Terry stop become an arrest?
When police move the suspect or use excessive control inconsistent with a brief stop.
78Can police frisk passengers?
Yes, under the same standard as suspects.
79What is the plain-touch doctrine?
Officers may seize weapons felt during a frisk but not unrelated contraband unless immediately apparent.
80Can police search car areas under Terry?
Yes, where weapons may be hidden.
81What are administrative searches?
Searches based on special government needs beyond law enforcement.
82What test applies to administrative searches?
Balancing special needs against privacy interests.
83When are suspicionless drug tests allowed?
When tied to safety-sensitive positions.
84Are drug checkpoints permitted?
No, their primary purpose is law enforcement.
85Are information checkpoints allowed?
Yes, when seeking public assistance.
86What standard applies in school searches?
Reasonableness under all circumstances.
87Can probationers be searched without a warrant?
Yes, based on reduced expectations of privacy.
88Who may consent to a search?
Anyone with actual or apparent authority.
89Is knowledge of the right to refuse necessary for valid consent?
No.
90What invalidates consent?
Coercion, deceit about warrants, or false claims of authority.
91What is apparent authority?
Reasonable belief by officers that a person may consent.
92Can co-tenants refuse consent?
A present refusal overrides another’s consent.
93What defines scope of consent?
Objective reasonableness of what the consenting person permitted.
94What is excessive force judged by?
Objective reasonableness under the Fourth Amendment.
95When is deadly force justified?
When the suspect poses a significant threat of death or serious harm.
96What do the Graham factors assess?
Severity of crime, immediate threat, and resistance.
97What is qualified immunity?
Protection for officers unless law was clearly established.
98What does “clearly established law” require?
Fair notice that conduct was unconstitutional.
99Can courts decide qualified immunity first?
Yes, judges choose which prong to address first.
100What is the voluntariness test?
Confessions must be free of coercion under totality of circumstances.
101Why is voluntariness criticized?
It fails to focus on reliability and offensive tactics.
102What does the McNabb-Mallory rule prohibit?
Confessions obtained during unnecessary delay before initial appearance.
103What protects against compelled self-incrimination?
The Fifth Amendment.
104What triggers Miranda protections?
Custodial interrogation.
105What is “custody” for Miranda?
Whether a reasonable person would feel free to leave.
106Does being the focus of investigation count as custody?
No.
107Are traffic stops custodial?
No, generally not.
108Is voluntary questioning custodial?
No.
109Is age relevant to custody?
Yes, for children under totality test.
110What is interrogation under Miranda?
Words or actions likely to elicit an incriminating response.
111Does presenting evidence constitute interrogation?
Courts disagree.
112Are booking questions interrogation?
No, if truly administrative.
113Is undercover questioning subject to Miranda?
No, when suspect is unaware.
114Do Miranda warnings require specific wording?
No, only that rights are adequately conveyed.
115What is required for waiver of Miranda?
Knowing, voluntary, and intelligent waiver.
116Does lack of awareness of topic affect waiver?
No.
117Can waiver be implied?
Yes, through voluntary statements after warnings.
118What is the public-safety exception?
Police may ask questions without warnings when immediate danger exists.
119What is the rescue doctrine?
Statements obtained to save a life may be admissible despite Miranda violations.