Amendments
This amendment abolished slavery in 1865.
What is the 13th amendment?
Can police use drug sniffing dogs on luggage in an airport?
Yes!
Does an arrest always count as seizing a person?
Yes!
Procedural due process gives us protection against this.
What is unfair treatment by the government?
This case ruled that the exclusionary rule applies to the states.
What is Mapp v. Ohio (1961)?
Equal Protection are the two most important words.
What the 14th Amendment?
What is the test for determining when property is seized?
Was there a meaningful interference with the individuals possession of property?
These are two ways to effect a lawful arrest.
What are 1) an arrest warrant or 2) probable cause
Any evidence found through unconstitutional means cannot be used in court.
What is the exclusionary rule?
Which case applied the 'Totality of the Circumstances' test?
Illinois v. Gates
These are two situations when you would not have freedom of the press.
What is libel or threaten national security?
What is the 2 part test given in Katz for the reasonable expectation of Privacy?
.
Does a person ACTUALLY expect something to be private AND does society view that expectation a reasonable
Name 2 of the 4 necessary elements for a warrant.
Signed by a judicial officer, facts and circumstances that presents probable cause, sworn by a police officer, The facts and circumstances are particular to a specific person or place to be searched.
This is a person's 5th Amendment right not be tried for a crime that they were previously found innocent of
What is protection against double jeopardy?
A passenger on a bus has an expectation of privacy for his luggage and a police officer feeling his luggage for drugs was an unreasonable search.
What is Bond v. United States
The two clauses in the freedom of religion.
What is establishment clause and the free exercise clause?
When does a person become 'seized' for legal purposes?
If a reasonable person would have believed that he was not free to leave.
This is the test for establishing probable cause and it looks at what factors.
What is the totality of circumstances and it looks at all of the facts in the situation like the officers personal knowledge and experience, and information from reliable sources.
The 14th Amendment prohibits state governments from depriving a person of these three things without due process.
What are life, liberty, and property?
The court calls a case up for review from a lower court by granting this document of certiorari
What is a writ?
The five rights in the first amendment.
What are freedom of speech, religion, press, assembly and petition the government?
Hot pursuit, plain view, search incident to arrest, automobile exception, consensual searches, reasonable suspicion.
What are the six exceptions for warrantless search or seizure?
An arrest is a ________ of a person and this is why you need a warrant or probable cause.
What is seizure of a person.
This requirement is concerned with the individual judge on the individual case.
What is impartial.
This case ruled that freedom of speech is a fundamental right and the Fourteenth Amendment requires states (as well as the national govt) to protect this right.
What is Gitlow v. New York (1925)?