 | Term | Definition |
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Fourth Amendment |
The right of the people to have reasonable search and seizure and the constitutionality of a warrant |
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Two Key aspects for the 4th |
what constitutes a search and what constitutes a reasonable search |
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what constitutes a search |
a search is the intrusion in to a place or situation in which a person has a reasonable expectation of privacy |
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what constitutes a reasonable search |
a search which is based on prusant to a warrent based on probable cause |
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Six key facts of a warrant |
1) a warrant must be issued from a neutral magistrate 2) must be based on a written and signed affidavit 3) must contain particularized description 4) execution must be within a reasonable time limit and at a reasonable time of day 5) a warrent is ok despiet a one sided hearing 6) it must be based on probable cause |
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What constitutes probable cause for a warrant? |
Law enforcement officials must have trust worthy evidence that would lead a reasonable person to believe more than not that the warrent is justified, probable cause for arrest, and probable cause for a search |
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What is probable cause for arrest? |
trustworthy evidence that a violation of law has occured and this is the person that has committed it |
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what is probable cause for a search? |
trustworthy evidence that the specific item that is being searched for is at the location which the search should be conducted and is connected with the crime |
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Permissible warrent less searches to proper arrest are ok if: (5) |
1) limited to the search of the arrestee 2) limited to the search of the arrestee's imediant control 3) search of the passanger or content of containers of the arrestee 4) Limited to a protective sweep of the premis 5) limited to an inventory search |
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Protective sweep of the primens |
is reasonable suspicion that there is another person on the primise which poses dange to the police or if it possible that there is destructive evidence by the accomplice on the premis |
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warrentless searches with unproper arrest are ok if: |
Exigent circumstances (where the evidence could be distructed or move out of jurisdiction or to prevent harm), object is in plain view, automobile search, consent search, stop and frisk, or inspection and regulatory searches. |
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If an object is in plain view |
the officer must legally be on the land, clear and immediate incrimidating nature, and they must have a lawful right to access the seized items |
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automobile search is |
there is probable cause that the evidence is in the car and has the oppertunity to be transported to areas beyone jurisdiction |
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consent search is |
a search made with the suspects consent are reasonable is it was a true consent |
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third party consent |
1)husband,wife,parent,lover2)joint ownership of the property 3)parent for minor 4)highschool locker |
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stop and frisk search |
breif determinant and does not lead to full arrest |
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inventory or regularity search |
inspection completed by helth, fire, and municipal agent inspectors (boarder patrol) |
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Fifth Amendment |
double jeapordy, can't be a witness against himself, and proper conpensation for private property |
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Sixth Amendment |
speedy public trial, impartial jury, right to confront witness, and assistance of counsel |
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Miranda right enfore what other 5th and 6th amendment rights? |
self incrimination, counsel, confronting accuser, and due process |
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four required components of miranda |
1) right to remain silent 2) statement will be used against the accused 3) right to counsel 4) appointed cousel if needed |
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Miranda applies only at |
custodial interogations (where one is made to stay in the specific place) |
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an interrogations |
is any word spoken by police that they know will produce incriminating evidence |
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Confessions may be challanged by |
5th amendment due process, self incrimization, and right to counsel |
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Line up and other identification procedures |
lineups, show ups, photo id, photo lineups, fingerprints, voice prints, blood tests, urinalysis, breathalyzer tests, DNA tests, handwriting analysis |
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Id procedures may be challanged by |
search and seizure, due process, self incrimination, right to counsel |
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Baltimore Dept. of Social Services V. Bouknight |
they were ordering her to produce her child, but this was unconstitutional because by doing so she would be turining herself in in another case |
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Poletown Neighborhood Council v. Detroit |
GM dealership, clear and significant standard must be met for it to consist of public use |
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Machetti v. Linahan |
no black people or women on jury |
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Furman v. Georgia |
death penalty for crule and unusual punishment |
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Taylor v. Louisiana |
jury selection, law was unconstitutional |
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Gregg v. Georgia |
fairly administerable death penalty |
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Coy v. Iowa |
molestation of girls, right to confront your accuser, and protection of childs rights |
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Maryland v. Craig |
right to stand face to face with your accuser |
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Seventh amendment |
trust of one court to another |
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eighth amendment |
excessive bail and cruel and unusual punishment |
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two social goals that the death penalty serves |
imposing death penalty to a non-trigger man and imposing the death penalty where a killing occured but wasn't intended |
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Enmund v. Florida |
classic death penalty case where the get away driver didn't know that the elderly couple would die |
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in camera inspection |
is where the judge looks over the private material and determines what if anything should be read |
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shield law |
allows reporters to not discuss how they obtained ther information that is used in their reports |
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Complexity expectation |
where a judge can send the case to another court because they believe it is too complex for the jury to decide |
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felony murder rule |
when a person dies in the midst of a felony it is manslaughter and any one assiting in the felony recieved that charge |
