2nd amendment
explain the 2nd amendment briefly
Congress cannot infringe the right of the people to bear arms
What are the three areas of constitutional limitations on guns ? explain
Type of weapon
Carrying: how where when
Individual: age, felony charge
Define probable cause
Likelihood that a crime was committed
Not just a gut feeling
no
Name one thing a police officer needs in order to obtain a warrant?
Probable cause
Explain the individual rights theory
Individuals right to bear arms and that congress cannot restrict it
What act needed federal license on gun imports, manufacturing and selling
Federal firearms act
01)must have probable cause to stop
02) Investigation: license and registration, questions asked
03) Consent required to search
What process is this ??
Initial Stop
Can you search anywhere in the house when you come to arrest a person
No, just the immediate surrounding or what is written down on the warrant
If a judge gives someone else permission to sign a warrant on his behalf is that ok?
no, a judge always needs to sign it
What are the two interpretations of the 2nd amendment
Individual rights theory
States right theory
Congress can regulate the interstate selling of shotguns..... which case was this??/
Hint: commerce clause
U.S vs. Miller
Whats the percentage of assurance that s needed for it to be a probable cause
50%
A man is out late at night suspiciously looking over his shoulder as he walks down a residential street. A police officer drives up and notices the man acting funny. The man is carrying a backpack and when he sees the cop begins to walk in the opposite direction. The police officer pulls over and asks the man what is in his backpack. When the man doesn't respond he snatches the backpack and looks inside. Is the search illegal?
Yes
In the case where the police received the anonymous letter about the couple who was transporting drugs to and from Miami was the letter alone enough to get a warrant?
no, you need more evidence like go undercover and get more evidence
Describe the states right theory
States right to bear arms
No city or state could violate a persons right to carry/purchase a gun.
Hint : Individual rights theory
District of Colombia vs. Heller
Describe the search or arrest process briefly
Need to have probable cause to search unless consent is given
Search warrant needed to take blood test ......
A person is walking down the street minding their own business and a police officer walks up to them. The police officer snatches the purse from the woman and begins to dig through it without asking permission or having any reason. Is this search illegal?
Yes
If the police officers show up to your house and have a warrant where can they search?
the immediate surrounding or what is written down on the warrant.
Example: they are making drugs in the garage. warrant has given permission to check the garage
What act taxed all types of guns brought to the country
National firearms act
Explain the gun control act
Added language about license requirements, banned guns that had no supporting purpose
Pat down, vehicle inventory, home search
what process are these included
Search Incident to arrest
If a police officer walks up to you on the street and asks to speak with you have you been seized?
No
what is the 4th amendment
right of the people to be safe from unreasonable searches and seizures