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PA POST: Constitutional Law and Civil Rights

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Constitutional Law and Civil Rights

What this domain tests

Applying the Fourth, Fifth, Sixth, and Fourteenth Amendments, plus the Pennsylvania Constitution, to street-level decisions.

Core rules

  • Fourth Amendment: searches and seizures must be reasonable; warrants are preferred. Terry permits a stop on reasonable suspicion and a frisk limited to weapons when the officer reasonably believes the person is armed.
  • Automobile exception: with probable cause, Pennsylvania permits a warrantless vehicle search.
  • Consent must be voluntary, and its scope is limited by what a reasonable person would understand. Consent can be withdrawn.
  • Plain view requires lawful presence, lawful access, and immediately apparent incriminating character.
  • Fifth Amendment: Miranda custody plus interrogation. Sixth Amendment: right to counsel attaches at critical stages after formal proceedings begin.
  • Pennsylvania Constitution Art. I §8 is sometimes more protective than the federal Constitution, notably on warrant defects.
  • Fourteenth Amendment equal protection and due process bar racially selective enforcement. 42 U.S.C. §1983 supplies the civil remedy.

Worked example

An officer stops a car for a broken taillight and asks for consent to search. The driver says go ahead but the search extends to a locked toolbox. The scope question is whether a reasonable person would have understood the consent to reach a locked container; absent clear authority, the officer should seek a warrant.

Traps

  • Believing Miranda applies to every question asked on the street.
  • Treating consent as unlimited or permanent.
  • Relying on a good-faith exception that Pennsylvania may not recognize.
  • Confusing probable cause, reasonable suspicion, and mere hunch.
  • Recording a frisk as a search for evidence.