Amazing Amendments
This protects your right from self-incrimination.
What is the 5th Amendment?
Does the 4th amendment apply to students in a public school?
No. (Why? Everyone can earn this point)
DOUBLE JEOPARDY - If a confession is obtained by whipping the accused person, can it be used as evidence? Explain your answer.
No. Procedural Due Process is being violated.
DOUBLE JEOPARDY - In Roe v. Wade, what were the arguments of the state and Roe's legal team? (Need both to get full points)
State - their duty to ensure public safety (the child is under their protection)
Roe - point of the law violates right to privacy and their right to decide medical decisions (substantive due process
This is a good reason to believe something happened which is a must if you want to obtain a search warrant.
What is Probable Cause?
This protects you from unreasonable searches of your home, car, etc.
What is the 4th Amendment?
If a new law states that you can no longer wiretap phones, but years before the police have been conducting lawful wiretaps, can those tapes be used as evidence?
Yes. (Why - everyone can earn this point)
This describes that the point of the law violates a basic right to life liberty and property.
What is substantive due process?
In New Jersey v. TLO, why was the principal given the right to look through the student's belongings?
Ensuring a safe learning environment for all students and to maintain the integrity of the school
This is when officers see an illegal object while they are on a legal search. (Not one of the exceptions)
This protects due process for all people no matter, race, religion, gender, or ethnicity.
What is the 14th Amendment?
If the police have a lawful search warrant for fraudulent checks but they also see unregistered guns, can they take the guns as evidence as well?
Yes. (Why- everyone can earn points)
This describes the manner of the law violates a basic right?
What is Procedural Due Process?
In California v. Greenwood, what did the court decide on using trash as admissible evidence in a trial.
In favor. (Why - everyone can earn points)
If the police do not have this they cannot enter your house.
What is a search warrant?
This ensures that the accused person has a speedy trail, lawyer, jury of peers, etc.
What is the 6th Amendment?
DOUBLE JEOPARDY - If the police see erratic driving on the highway and pull the driver over. They conduct a DWI test and it is positive and they also notice open beer bottles in the passenger seat. Can they take that as evidence? Why or Why not
Yes. Plain Sight
If the police obtain a confession without reading the accused their Miranda Rights, then the confession is null and viod.
TRUE
In Mapp v. Ohio what were at least two rights that were violated.
4th, 5th, and 6th
The police can obtain a confession if they are doing it to protect the people.
Public Safety Exception
DOUBLE JEOPARDY - These are any rights not listed in the Constitution. Which right not listed in the Constitution is most discussed in this unit?
What is the 9th Amendment? Right to Privacy
You are a heroin dealer and you leave needles in your trash. Can the police search and collect that evidence without a warrant?
Yes.
If someone is being questioned, but they are not charged with any crime yet, do they need a lawyer present?
NO.
In Rochin v. California, was procedural due process violated or substantive due process?
Procedural due process
This ensure fair procedures and a fair trial