A
Definition of Due Process of Law as discussed in class?
Fundamental fairness and substantial justice
A hearing by the court to determine the admissibility of evidence into a trial. It pertains to physical evidence and/or statements that might have been unlawfully or improperly obtained.
What is a Suppression Hearing.
Weeks v US did what?
Made the 4th amendment applicable to the federal government
Miranda warning
what is the supreme court case requiring that police advise defendants of the right to remain silent?
the constitutional basis for the number of the justices on the Supreme Court
What is none?
Application of the protections of the bill of rights to the states by the 14th amendment
Selective Incorpoation
Once the primary source of the evidence is shown to have been unlawfully obtained, any secondary evidence derived from it is also inadmissible in court.
What is Fruit of the Poisonous Tree Doctrine.
neutral and detached
Supreme court case ruling on flag burning
what is Texas v. Johnson?
Reasonable Articulable Suspicion the suspect is armed and dangerous gives you the right to ______. Terry V. Ohio 1968.
frisk
What were the three exceptions to the exclusionary rule discussed in class?
Independent source, inevitable discovery, and good faith
Which constitutional amendment provides for the expansion of individual rights
What is the Fourteenth Amendment?
Double Jeopardy
what is the prohibition against a person being tried for the same offense twice
Indictment
What is a formal device by which a person being accused of a serious crime?
the idea of prior review or prior restraint is based on which constitutional principle
What is freedom of the press?
a trial jury
What is a trial jury?
the case that was heard because this man filed as a pauper (indigent) with no attorney
What is Gideon v. Wainwright?
Clearance Wainwright
The case of Barron v. Baltimore established the judicial principle that
What is the fourteenth amendment only applied to federal cases?
This case established the principle that the Fourteenth Amendment to the U.S. Constitution had extended the reach of certain provisions of the First Amendment specifically the provisions protecting freedom of speech and freedom of the press — to the governments of the individual states.
What is Gitlow v. New York?
The Plain View Doctrine requires that the officer have four requirements. ( Name the four requirements.)
What is right to be there, right to be doing what you are doing, probable cause to believe that the item is associated with criminal activity, and seize the item.
Probable Cause Verbatim...
That set of facts or circumstances which would lead a reasonable and prudent person to believe that a crime has been or is about to be committed and that the person in question is involved in a significant manner. It is more than mere suspicion, but less than actual certainty.
An order by a higher court directing a lower court to send up a case for review.
What is a Writ of Mandamus?
The strongest type of Supreme court decision
What are unanimous opinions?
When can you search without a warrant?
What is consent, incident to a lawful arrest, emergency circumstances, hot pursuit, and abandonment.
Incident to a lawful arrest, you may search the arrestee's person and the area within their wingspan for:
What is weapons, fruits of the "arresting for" crime, and mere evidence