Search And Seizure
When law enforcement looks through an individuals property where there is a reasonable expectation of privacy
What is a Search
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances
What is the First Amendment
The level of suspicion required for an investigatory stop
What is Reasonable Suspicion
Speech that is protected under the first amendment
What is Protected Speech
A list of rights that every arrested person must be informed of before questioning by law enforcement
What are Miranda Rights
When law enforcement removes a person or their property from their possession
What is a Seizure
A well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed
What is the Second Amendment
The level of suspicion required for an arrest
What is Probable Cause
Words that may incite violence or are intended to provoke violent actions from an individual or group
What are "Fighting Words"
The case that prompted law enforcement to be required to read Miranda Rights to people they arrest
What is Miranda v Arizona (1966)
The area surrounding a private property that is still contained within the property
What is Curtilage
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized
What is the Fourth Amendment
The pat down of the outer clothing to check a detainee for weapons
What is a Terry Frisk
An individual or gathering of people, not partaking in criminal activity, that calmly object to the government or its decisions on certain matters
What is a Peaceful Protest
When a confession is sneakily forced from a suspect
What is Coercion
Anything that is in direct sight and does not constitute a search
What is Plain View
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation
What is the Fifth Amendment
"The Big Picture"
What is Totality of the Circumstances
Words that are intended to frighten someone into believing they will be harmed
What is a True Threat
When a suspect is being questioned and feels that they are not free to leave
What is a Custodial Interrogation
A legal search of everything in a persons controlled possession after they get arrested
What is Search Incident to Arrest
No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law
What is the Third Amendment
The rule stating that illegally obtained evidence is inadmissible in court
What is the Exclusionary Rule
Words that cause a public nescience and are, according to the Supreme Court, not protected under the first amendment
What is Obscenity
An exception to giving Miranda warnings due to immediate dangers
What is the Public Safety Exception