4th, 5th, 6th, 7th, and 8th amendments

balancing liberty and order through the rights of the accused

due process

outlined in 5th + 14th amendments to ensure federal + state Govs treats life, liberty and property of individuals reasonably and fairly, following procedures and rules

• established rules and regulations restrain gov

procedural due process

requires that the procedures the gov uses in enforcing, applying, making, interpreting the law be consistent and reasonable

(ex: rights of the accused in Gideon v. Wainwright)

substantive due process

requires that gov CANNOT make laws pertaining to situations where individuals have fundamental rights

(ex: Griswold v. Connecticut right to privacy, contraception)

4th amendment

protects against unreasonable seizure and search

• probable clause allows officer to not use a warrant if they prove it’s reasonable to believe the suspect committed, is committing, will commit and illegal act

5th amendment

• no double jeopardy, no forceable self-incrimination (ex: right to remain silent)

  • cannot be tried twice after acquited or convicted even with new evidence

• no deprivation of life, liberty, property WITHOUT due process (meaning federal gov)

6th amendment

• right to speedy and fair trial

• impartial jury, to be informed of accusation,

• to confront and call witnesses

• to have legal counsel/lawyer

exclusionary rule

Weeks v. US (1914): gov + officers (mostly) CANNOT use evidence obtained UNCONSTITUTIONALLY in court

• ex: evidence found in unreasonable search / seizure (4th amend)

• ex: forcing suspects to self-incriminate (5th amend)

• ex: evidence where gov violates suspect’s right to counsel (6th amend)

good faith exception

honest intent of police to get warrant

• police thought their warrant was valid, later realized invalid

• police waiting on warrant but need to move quickly

inevitable discovery exception

police would have found evidence WITHOUT the search

• ex: officer searches barn without warrant and finds documents saying someone is running an illegal internet scam. next day, they get an email from informant of the same documents

  • documents can be used as evidence

fruit of the poisonous tree

extends exclusionary rule: evidence gathered from already gathered illegal evidence (mostly) CANNOT be used

UNLESS: it was discovered from independent source from illegal gathering

• discovery was inevitable

• attenuation: significant amt of time or actions between illegal gleaning of evidence and discovery of new evidence derived from that

Gideon v. Wainwright (1963)

SC incorporates right to counsel (6th amendment) in criminal cases to felony defenants in state courts

• Clarence Earl __ committed felony of breaking and entering

• right to counsel is fundamental, essential right obligatory by 14th amend

• Gideon represented himself, was found guilty

Miranda rights

___ v. Arizona (1966)

• a rapist confessed to the crime without knowing abt protection against self-incrimination

• police station is an intimidating place, one must know their rights

in plain view doctrine

police don’t need warrant to seize evidence it its in plain sight, sound, smell, etc. IF:

• officer is legally present at plain view

• officer has legal right of access to object

• illegalness of object must be immediately apparent

reasonable suspicion

• school administrators—not teachers—need ___ to search

• police need ___ to stop and frisk a person, UNLIKE probable cause to search or arrest

7th amendment

right to tral by jury in civil cases in federal court where amount in question is > $20

8th amendment

protects against excessive bail + fines; cruel and unusual punishments