File
... we always have the right to free speech? What if we are lying, or what if we are saying things that hurt others? Throughout the history of the United States, the federal courts have tried to answer questions like these. Their decisions in important cases have both protected and limited our Constitut ...
... we always have the right to free speech? What if we are lying, or what if we are saying things that hurt others? Throughout the history of the United States, the federal courts have tried to answer questions like these. Their decisions in important cases have both protected and limited our Constitut ...
Civil Liberties - Gooch Home Page
... searches & seizures through warrant requirement • Punishment – Exclusionary Rule: evidence gathered in violation of the Constitution cannot be used in a trial. • Caveat – applies only to government; it does not guarantee the right to be free from unreasonable searches and seizures conducted by priva ...
... searches & seizures through warrant requirement • Punishment – Exclusionary Rule: evidence gathered in violation of the Constitution cannot be used in a trial. • Caveat – applies only to government; it does not guarantee the right to be free from unreasonable searches and seizures conducted by priva ...
The Warren Court
... put in handcuffs, taken upstairs, and kept there while police searched her house. During the search, obscene materials were discovered in a trunk in her basement. Mapp was arrested for possession and control of obscene materials. ...
... put in handcuffs, taken upstairs, and kept there while police searched her house. During the search, obscene materials were discovered in a trunk in her basement. Mapp was arrested for possession and control of obscene materials. ...
Chapter 4: Civil Liberties and Public Policy
... • You can not be searched unannounced with out probably cause. • Patriot Act is a new limit on privacy. • Unreasonable Searches and Seizures: Obtaining evidence in a haphazard or random manner, a practice prohibited by the 4th Amendment. • Search Warrant: A written authorization from a court specify ...
... • You can not be searched unannounced with out probably cause. • Patriot Act is a new limit on privacy. • Unreasonable Searches and Seizures: Obtaining evidence in a haphazard or random manner, a practice prohibited by the 4th Amendment. • Search Warrant: A written authorization from a court specify ...
Civil Liberties
... “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed. . . and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him ...
... “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed. . . and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him ...
Ch.-18-Notes
... and used and punish the cop if it’s found that the search was unreasonable or just not introduce the controversial evidence at all (most democratic nations use the first method, the U.S. uses the second). 1.The American method relies on the exclusionary rule, which says that evidence gathered in vio ...
... and used and punish the cop if it’s found that the search was unreasonable or just not introduce the controversial evidence at all (most democratic nations use the first method, the U.S. uses the second). 1.The American method relies on the exclusionary rule, which says that evidence gathered in vio ...
Civil Liberties: Protecting Individual Rights
... a judge that they have probably cause to suspect a crime. There are occasions when police do not need a search warrant ...
... a judge that they have probably cause to suspect a crime. There are occasions when police do not need a search warrant ...
Civil Liberties: Protecting Individual Rights
... a judge that they have probably cause to suspect a crime. There are occasions when police do not need a search warrant ...
... a judge that they have probably cause to suspect a crime. There are occasions when police do not need a search warrant ...
Document
... Background: The “Reconstruction Amendments” (amendments 13, 14, and 15) to the Constitution outline the civil rights that all Americans should have and were passed by Congress following the Civil War as a way to ensure that newly freed African Americans would have rights and legal protections. Direc ...
... Background: The “Reconstruction Amendments” (amendments 13, 14, and 15) to the Constitution outline the civil rights that all Americans should have and were passed by Congress following the Civil War as a way to ensure that newly freed African Americans would have rights and legal protections. Direc ...
Unit 4 PowerPoints - The Jeffersonian Experience
... D. 4th Amendment: protections against unwarranted searches and seizures ...
... D. 4th Amendment: protections against unwarranted searches and seizures ...
You be the Judge: Major Supreme Court Cases Miranda v. Arizona
... One of these class actions, Brown v. Board of Education was filed against the Topeka, Kansas school board by representative-plaintiff Oliver Brown, parent of one of the children denied access to Topeka's white schools. Brown claimed that Topeka's racial segregation violated the Constitution's Equal ...
... One of these class actions, Brown v. Board of Education was filed against the Topeka, Kansas school board by representative-plaintiff Oliver Brown, parent of one of the children denied access to Topeka's white schools. Brown claimed that Topeka's racial segregation violated the Constitution's Equal ...
Incorporation and Civil Liberties
... ►Prior Restraint is unconstitutional unless it presents a clear and present danger to our nation ...
... ►Prior Restraint is unconstitutional unless it presents a clear and present danger to our nation ...
File
... Reed v. Reed (1971) Administrators of estates (i.e. daddy’s fortune) cannot be named in a way that discriminates between the sexes. Regents of the University of California at Davis v. Bakke (1978) Barred quota systems in college admissions (ruled the system had denied Bakke equal protection), bu ...
... Reed v. Reed (1971) Administrators of estates (i.e. daddy’s fortune) cannot be named in a way that discriminates between the sexes. Regents of the University of California at Davis v. Bakke (1978) Barred quota systems in college admissions (ruled the system had denied Bakke equal protection), bu ...
10th Amendment - Avoca School District 37
... Government cannot require Americans to house soldiers during ____________________. ...
... Government cannot require Americans to house soldiers during ____________________. ...
Name: Social Studies Seven/PD
... During the struggle to convince the state legislatures to ratify (approve) the Constitution, the Federalists agreed to add a bill of rights to the Constitution in return for support from Anti-Federalists in the state legislatures. Anti-Federalists had objected to the fact that the new national Const ...
... During the struggle to convince the state legislatures to ratify (approve) the Constitution, the Federalists agreed to add a bill of rights to the Constitution in return for support from Anti-Federalists in the state legislatures. Anti-Federalists had objected to the fact that the new national Const ...
File
... that would bring ill wind to the USA especially if the US wishes to prevent those ills In the 1920s there were a lot of anarchists around that were pushing for communist or socialist type of governments. Many times these organizations would use unions as their armies (by striking) to get the governm ...
... that would bring ill wind to the USA especially if the US wishes to prevent those ills In the 1920s there were a lot of anarchists around that were pushing for communist or socialist type of governments. Many times these organizations would use unions as their armies (by striking) to get the governm ...
Unit 4 Review
... • 6 Rights of accused persons, e.g., right to a speedy and public trial. • 7 Right of trial by jury in civil cases. • 8 Freedom from excessive bail, cruel and unusual punishments. • 9 Other rights of the people. • 10 Powers reserved to the states. ...
... • 6 Rights of accused persons, e.g., right to a speedy and public trial. • 7 Right of trial by jury in civil cases. • 8 Freedom from excessive bail, cruel and unusual punishments. • 9 Other rights of the people. • 10 Powers reserved to the states. ...
Chapter 4
... 3) Under the __________ Amendment, the police may search things in plain view, the person arrested, and things under the arrestee's immediate control. A) Eighth B) Fifth C) Fourth D) Third 4) A warrantless search can occur constitutionally if A) consent is given. B) a search warrant is difficult to ...
... 3) Under the __________ Amendment, the police may search things in plain view, the person arrested, and things under the arrestee's immediate control. A) Eighth B) Fifth C) Fourth D) Third 4) A warrantless search can occur constitutionally if A) consent is given. B) a search warrant is difficult to ...
Fourth Amendment to the United States Constitution
The Fourth Amendment (Amendment IV) to the United States Constitution is the part of the Bill of Rights that prohibits unreasonable searches and seizures and requires any warrant to be judicially sanctioned and supported by probable cause. It was adopted in response to the abuse of the writ of assistance, a type of general search warrant issued by the British government and a major source of tension in pre-Revolutionary America. The Fourth Amendment was introduced in Congress in 1789 by James Madison, along with the other amendments in the Bill of Rights, in response to Anti-Federalist objections to the new Constitution. Congress submitted the amendment to the states on September 28, 1789. By December 15, 1791, the necessary three-quarters of the states had ratified it. On March 1, 1792, Secretary of State Thomas Jefferson announced the adoption of the amendment.Because the Bill of Rights did not initially apply to the states, and federal criminal investigations were less common in the first century of the nation's history, there is little significant case law for the Fourth Amendment before the 20th century. The amendment was held to apply to the states in Mapp v. Ohio (1961).Under the Fourth Amendment, search and seizure (including arrest) should be limited in scope according to specific information supplied to the issuing court, usually by a law enforcement officer who has sworn by it. Fourth Amendment case law deals with three central questions: what government activities constitute ""search"" and ""seizure""; what constitutes probable cause for these actions; and how violations of Fourth Amendment rights should be addressed. Early court decisions limited the amendment's scope to a law enforcement officer's physical intrusion onto private property, but with Katz v. United States (1967), the Supreme Court held that its protections, such as the warrant requirement, extend to the privacy of individuals as well as physical locations. Law enforcement officers need a warrant for most search and seizure activities, but the Court has defined a series of exceptions for consent searches, motor vehicle searches, evidence in plain view, exigent circumstances, border searches, and other situations.The exclusionary rule is one way the amendment is enforced. Established in Weeks v. United States (1914), this rule holds that evidence obtained through a Fourth Amendment violation is generally inadmissible at criminal trials. Evidence discovered as a later result of an illegal search may also be inadmissible as ""fruit of the poisonous tree,"" unless it inevitably would have been discovered by legal means.