Criminal Justice - 4th and 5th Amendment

4th Amendment

Protects people and property from unreasonable searches and seizures

Searches with a Warrant

Searches conducted with a court-issued warrant based on probable cause

Affidavit

A written statement of facts sworn or made under oath

Warrantless Searches

Searches that occur as part of or incident to a lawful arrest

Stop and Frisk

Patting down outer clothing of someone police believe is acting suspiciously

Consent

Permission to search, given verbally, in writing, or implied

Plain View

Police may seize evidence without a warrant if it is in plain sight

Hot Pursuit

Police may enter a location without a warrant while chasing a fleeing suspect

Vehicle Searches

Police with probable cause may search an entire vehicle for contraband

Exigency or Emergency Situations

In emergencies, police do not need a search warrant

Exclusionary Rule

Illegally obtained evidence cannot be used in court

Purpose of Exclusionary Rule

Protects innocent people and deters illegal searches

Qualified Immunity

Protects officials from lawsuits unless they violate clearly established rights

Good Cause

A legally sufficient reason for a judge’s ruling or action

Constable

Officer of the peace with police and minor judicial duties, usually in small towns

5th Amendment

Protects rights of the accused, ensures fair legal process, and limits government power over private property

Grand Jury Indictment

Gives defendants accused of serious crimes the right to a grand jury

Indictment

Formal accusation charging someone with a crime

Grand Jury

16–23 citizens who decide if there is enough evidence to go to trial

Trial/Petit Jury

6–12 citizens who decide guilt or innocence at trial

Double Jeopardy

A person cannot be retried for the same crime after acquittal

Self-Incrimination

Protects people from being forced to testify against themselves

System of Accusation

Government must provide evidence to prove guilt

Voluntary Confessions

Confessions are admissible only if given voluntarily, without coercion

Non-Testimonial/Physical Evidence

Evidence like fingerprints, handwriting, blood, or hair is not protected by the 5th Amendment

Due Process

Government must act fairly in criminal and civil cases

Procedural Due Process

Protects individuals during legal proceedings and guarantees fair trial rights

Just Compensation

Government must pay fair value when taking private property for public use (eminent domain)