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When established, the Bill of Rights intended to limit who’s power?
federal government
The 14th Amendment imposes limit on who?
states
The remedy for a 4th Amendment violation is through what?
the exclusionary rule
What are the two parts of the REOP test?
Does the individual have a subjective expectation of privacy?
Is it one society is willing to accept?
What are the curtilage factors?
proximity to house
in the same enclosure as the home
nature of use
steps taken to shield it from public view
What are the sources of procedural law?
United States constitution
states constitution
USSC
federal courts
federal rules of evidence
state rules of evidence
state case laws
agency rules/regulations
What is the MA court structure from highest to lowest?
Supreme Judicial court
appeals court
superior court
district court
Which MA courts are courts of law?
SJC and appeals court
Which MA courts are trial courts?
superior and district court
what is criminal law?
defines the conduct that society seeks to punish
what is criminal procedure?
rules and regulations that govern whether a violation of criminal law has occurred
which case gave the exclusionary rule to the states?
Mapp v. Ohio
What is the MA constitution called?
MA declaration of rights
which case overturned the physical trespass doctrine for Fourth Amendment searches?
Katz v. U.S.