United States Constitutional Law and Civil Rights
What this domain tests
Federal constitutional limits on police action, plus the civil-liability framework officers are judged by. Questions usually present a fact pattern and ask which amendment, which standard, and which remedy apply.
Core rules
- Fourth Amendment: reasonableness governs stops, arrests, searches, and force. Terry v. Ohio supplies reasonable suspicion for stops; probable cause governs arrests. Warrant exceptions include consent, exigency, search incident to arrest (Arizona v. Gant limits vehicle searches), automobile, inventory, and plain view.
- Fifth Amendment: Miranda applies to custodial interrogation; silence alone is not a waiver (Berghuis v. Thompkins). Voluntariness is a separate due-process question.
- Sixth Amendment: counsel attaches at critical stages after formal proceedings (Massiah; Rothgery for initial appearance).
- Fourteenth Amendment: due process and equal protection; pretrial detainee force claims are analyzed under an objective standard (Kingsley v. Hendrickson).
- First Amendment: public employees speak as citizens on matters of public concern (Pickering), but not pursuant to official duties (Garcetti).
- Section 1983: personal involvement required; no respondeat superior (Monell requires policy or custom); qualified immunity turns on clearly established law.
- Kentucky Constitution: Sections 10 and 11 parallel the federal text but Kentucky courts may construe them independently.
Worked example
A plaintiff sues after being taken down during a stop. First identify the amendment: Fourth Amendment, since the person was seized but not yet convicted. Then apply Graham's objective reasonableness. Then ask whether the right was clearly established at the time. Only then consider municipal liability, and only if a policy or custom caused the harm - the chief's general disapproval is not enough.
Traps
- Suing or analyzing under respondeat superior.
- Assuming the Kentucky Constitution is a mirror image of the federal one.
- Believing Miranda applies to every conversation with a suspect.
- Confusing probable cause with reasonable suspicion in the answer choices.