5 Written Questions
5 Matching Questions
- Robinson v California
- Powell v Alabama
- Terry v Ohio
- Massiah v United States
- Elkins v United States
- a Stop and Frisk... Would a reasonably prudent man suspect the defendants were armed and dangerous... each case has to be examined on its own warrants.
- b Case dealt with a law that said it was illegal to be addicted to the use of narcotics. Court struck down the law saying that it was cruel and unusual punishment since they were punishing an illness..
- c Ultimately ruled the "silver platter" doctrine... bad evidence handed to the federal authorities on a silver platter is unconstitutional due to a 4th amendment violation... First time they fixed the bullshit i mentioned above... just because its states doesnt mean they can use illegally obtained evidence.
- d Court held that once somebody has a lawyer the police cannot use anything said by that person unless the lawyer has advised the client as to the consequences of his words.
- e Famous case where nine blacks were accused of the alleged rape of 2 women on a freight train... they had no counsel. court held that the due process clause of the 14th amendment meant that there must be effective counsel in capital cases.
5 Multiple Choice Questions
- Court held that five black men convicted of murder in Arkansas could have an appeal heard by the federal court because there was no way they could have received a fair trial in the Arkansas court due to discrimination. This was a violation of the due process of law guarenteed under the 14th amendment
- Court upheld the right of a state to use illegally seized evidence in their own courts... basically because of federalism which we dont give an eff about anymore... hence this has since been changed.
- States cannot be vindictive and hand down multiple sentences for the same offense just because he successfully attacked his 1st conviction and therefore obtained a new trial... violation of due process.
- dealt with fourth amendments ban on unreasonable searches and seizures... unreasonably seized evidence can never be used in court by the federal government even though the second time around there had been a subpena -- if its seized wrongly the first time they cannot be used a second time.
- Case dealing with the seizure of obscene books and pictures (Hey billy how ya doing... watch yoself)... court reversed conviction of the defandant holding that the 4th amendments exclusionary rule was applicable against the states by way of the due process clause of the 14th.
5 True/False Questions
Carrol v United States → Dealt with the stopping of a vehicle driven by a known bootlegger. Court upheld the search of the automobile because there had been reasonable cause and no time to get a warrant. the mobility of the car made it impossible to get the warrant.
Boyd v United States → Dealt with an informant... court said that a hotel room is protected by the 4th amendment but that the defandant was not relying upon the security of the hotel room but rather upon his own misplaced confidence in someone therefore conviction stands.
Olmstead v United States → Court held that once somebody has a lawyer the police cannot use anything said by that person unless the lawyer has advised the client as to the consequences of his words.
Breithaupt v Abram → Issue was whether or not the 6th amendments right to counsel in criminal cases at the federal level was applicable to the states as one of the liberties of the due process clause of the 14th amendment-- do i have any idea what the **** that means? of course not---- court said that since it was not a capital case the indigent prisoner did not have to be provided counsel by the state
Malloy v Hogan → Incorporated the 5th amendment's prohibition against self-incrimination into the due process clasue of the 14th amendment and therefore made it applicable against the states.