4th Amendment
The Fourth Amendment protects people from __________ and ____________ by the government.
What is unreasonable Searches and Seizures
This exception is present if a person voluntarily and knowingly agrees to a search, the police do not need a warrant.
What is consent
True or False: A person will confess just to stop the questioning, even if they are innocent.
What is True
True or False: Miranda v. Arizona made sure that your 5th Amendment (silence) and 6th Amendment (attorney) rights are protected the moment you are arrested.
What is True
This protection says that government must follow fair and proper rules when dealing with citizens. It ensures the government cannot take away your life, liberty (freedom), or property without reason.
The immediate area surrounding a house (yard, porch, detached garage, sheds) that is used for family activities. It's legally considered part of the "house."
What is the Curtilage
Hot pursuit of a fleeing felon or an emergency situation are both examples of what type of 4th Amendment exception?
This occurs when a person do not reasonably feel free to leave.
Custodial Interrogation
True or False: The government is only required to communicate some of the charges the defendant is bring accused of.
What is False. **Defendant MUST receive a clear statement of what crime they are accused of.**
This protection says that a jury must represent community and be neutral
What is an impartial Jury under the 6th amendment
This rule says that evidence obtained as a result of an illegal search (a 4th Amendment violation) cannot be used in a criminal trial against the defendant.
What is the Exclusionary Rule
Police can search a vehicle without a warrant if they have ___________________ to believe that the car contains evidence or contraband.
What is Probable Cause
Recite the Miranda warnings in order
1)The right to remain silent 2)Anything you say can be used against you in court 3) You have the right to a lawyer (during a custodial interrogation) 4) If you cannot afford a lawyer, one will be provided to you.
The protection of Confronting Witnesses & Subpoenas allows for 1) the right to cross-examine witnesses, 2) Right to call your own witnesses with court’s help (subpoenas), and 3) ____________
What is prevents hidden or secret evidence
This term means the government cannot just take your land. They must: 1) prove it's for public use, and 2) pay you what the property is really worth.
What is Just Compensation under the 5th Amendment
Requirements for a Valid Warrant
What is Particularity, Neutral Magistrate, and Probable Cause
Under the "Plain view" exception of the Fourth Amendment, Police can legally seize evidence without a warrant if three conditions are met.
1)The officer must be legally present in the area (e.g., they were invited in, or they are on a public sidewalk). 2)The evidence must be in Plain View (clearly exposed), and 3)The illegal nature of the object must be obvious to the officer.
_________ occurs when someone can be tried for the same act under state law and then federal law, because these are considered separate offenses legally.
What is Dual Sovereignty
This protection prevents long detainment without trial.
What is the right to a speedy and public trial
Even if a defendant can’t afford one, the court must appoint one under this protection.
What is Right to Counsel under the 6th Amendment
Particularity of the warrant is defined / explained as
What is specific about WHO is being seized, WHAT is being seized, and WHERE the search will happen.
SCOTUS held (decided) that a Stop and Frisk is appropriate if the government (law enforcement) believes ______ and _________
What is Reasonable Suspicion that the person is involved in criminal activity, AND Reasonable Suspicion that the person is armed and dangerous.
The 5th Amendment protects citizens in five situations
What is Self-Incrimination, Grand Jury Indictments, Double Jeopardy, Due Process, and Eminent Domain (Taking)
The trial judge denied Mr. Gideon (Gideon v. Weinwright) counsel, because in this state (at the time) only poor defendants charged with capital offenses were given the right to counsel.
Taking a phone or drugs as evidence or arresting or detaining someone is called this
What is a seizure under the 4th Amendment