Constitutional Law and Civil Rights
The Bill of Rights in Policing
The Fourth Amendment governs searches and seizures and requires reasonableness. Know the tiers: consensual encounter (no suspicion needed), investigatory detention (reasonable suspicion, limited in scope and duration), and arrest (probable cause). The exclusionary rule suppresses evidence obtained unlawfully, with exceptions including inevitable discovery, independent source, and attenuation. The Fifth Amendment covers self-incrimination (Miranda applies to custodial interrogation) and double jeopardy. The Sixth Amendment guarantees counsel and a speedy, public trial. The Fourteenth Amendment applies due process and equal protection to the states.
Civil Rights and Liability
Understand Section 1983 civil liability, qualified immunity (objective reasonableness under clearly established law), and the difference between criminal and civil consequences of misconduct. Know that Miranda is triggered by custody plus interrogation; spontaneous statements are not barred. Understand that a Terry frisk is limited to a pat-down for weapons.
Traps and Rule of Thumb
Traps include believing Miranda warnings are required at every arrest (they are required before custodial interrogation), confusing a consensual encounter with a detention, and assuming consent is valid when obtained by coercion or after a claim of authority.
Worked example: An officer asks a person on a sidewalk if he can talk; the person agrees and stays voluntarily. This is a consensual encounter-no reasonable suspicion required, and the person may leave. If the officer then commands him to stay, it becomes a detention requiring reasonable suspicion. Rule of thumb: ask whether a reasonable person would feel free to leave.