Amendments
What is the 1st Amendment ?
Freedom of Speech, Religion, Press, assembly and petition
Exclusionary Rule
Probable Cause
reasonable grounds that a crime is about to be committed, going to be committed or has been committed.
The police arrive to search an apartment and find no one home. They tell the landlord to let them into the apartment. Is this search legal?
No!!!
2nd Amendment
This case is about a defendant who confessed guilt after being subjected to a variety of interrogation techniques without being informed of his Fifth Amendment rights during an interrogation.
Miranda v. Arizona
Reasonable Suspicion
Enough to detain
A suspect is arrested in the suspect's own living room. Can the police do a contemporaneous search of all of the other rooms in the house?
Yes
Guarantees the right to a grand jury, forbids “double jeopardy,” and protects against self-incrimination.
5th Amendment
Under the Fourth Amendment of the U.S. Constitution, a police officer may stop a suspect on the street and frisk him or her without probable cause to arrest, if the police officer has a reasonable suspicion that the person has committed, is committing, or is about to commit a crime and has a reasonable belief that the person "may be armed and presently dangerous."
Terry v. Ohio
Absolute Certainty
100% sure
A suspect "cops an attitude" with a police officer. The officer puts the suspect over the patrol car and conducts a pat-down search. Is this search legal?
Guarantees the rights of criminal defendants, including the right to a public trial without unnecessary delay, the right to a lawyer, & the right to an impartial jury
6th Amendent
Police went to petitioner's home on January 28, 1964, to question him about a murder. In the course of their inquiry, he showed them three guns, and he agreed to take a lie detector test on February 2. The test was inconclusive on the murder, but, during its course, petitioner admitted a theft. In petitioner's absence, two other policemen came to the house and questioned petitioner's wife to check petitioner's story and corroborate his admission of the theft.
Coolidge v. New Hampshire
Beyond a reasonable doubt
90%
Officers noticed the odor of freshly cut marijuana emitting from a vehicle trunk. Can the officers search the trunk without a warrant?
Yes, they have PC
What is the 8th Amendment?
No Cruel and Unusual Punishment, & No excessive bails/bonds
The case arose in 1957 when police in Cleveland forcibly entered the home of Dollree and conducted an apparently warrantless search for a bombing suspect.
Mapp v. Ohio
Mere Suspicion
Mere hunch
A public school district requires all middle and high school students to submit to drug testing before they are allowed to participate in extracurricular activities, including sports teams, that are sponsored by the school district. When two students refuse to take the drug test, they are barred from participating in after-school activities.
Do students have the right to refuse to take the drug test and still participate in after-school activities? Why or why not?
In the 2002 case of Board of Education v. Earls, the Court voted 5–4 against the students. The Court held that drug testing was “a reasonable means of . . . preventing and deterring drug use among [students].” The Court also held that the manner in which the district conducting the drug testing was not a significant violation of students’ limited privacy rights under the Fourth Amendment.