Key Cases on Second and Fourth Amendment Rights

Second Amendment

Constitutional right to keep and bear arms.

Individual Right

Right to possess firearms for personal use.

Collective Right

Right associated with state-regulated militias.

D.C. Law

Declared unconstitutional for banning handgun possession.

Self-Defense

Legal justification for using firearms for protection.

Lawful Bans

Restrictions on firearm possession and usage.

Concealed Weapons Ban

Prohibits carrying hidden firearms in public.

Felons and Mentally Ill

Prohibited from firearm possession under law.

Sensitive Places

Locations where firearm possession is restricted.

Commercial Sale Conditions

Regulations on selling firearms to ensure safety.

Dangerous Weapons Ban

Prohibits firearms deemed unusual or hazardous.

Firearm Storage Regulation

Laws to prevent accidental firearm discharges.

Operative Clause

Defines the right of people to bear arms.

Prefatory Clause

References necessity of a well-regulated militia.

Historical Record

Used to interpret the Second Amendment's meaning.

Miller Case

Previous ruling limiting gun rights to military use.

Presumptively Lawful

Assumption that certain restrictions are acceptable.

Rational Basis Standard

Rejected standard for evaluating gun regulations.

Absolute Ban

Prohibition on handguns in homes deemed unconstitutional.

McDonald v. Chicago

Incorporated Second Amendment rights to states.

New York Law

Requires special need for concealed carry licenses.

Bruen Case

Challenged New York's concealed carry regulations.

Proper-Cause Requirement

Mandates proof of need for concealed carry.

Historical Tradition

Basis for constitutional gun regulation.

Second Amendment

Protects right to keep and bear arms.

D.C. v. Heller

Establishes individual right to self-defense.

Strict Scrutiny

Highest standard of judicial review for laws.

Intermediate Scrutiny

Moderate standard for evaluating laws' constitutionality.

Sensitive Place

Specific areas where gun rights may be limited.

Operative Clause

Part of the Second Amendment affirming individual rights.

Prefatory Clause

Introduces the rationale for the Second Amendment.

Common Use Doctrine

Firearms must be commonly used to be protected.

U.S. v. Miller

Determined individual rights linked to militia service.

Originalism

Interprets Constitution based on founders' intent.

Original Public Meaning

Meaning understood by the public at ratification.

Textualism

Focuses solely on the text of the law.

Living Constitutionalism

Allows evolving interpretation of constitutional meanings.

Fourth Amendment

Protects against unreasonable searches and seizures.

Katz v. United States

Established privacy rights in public phone booths.

Reasonable Expectation of Privacy

Standard for determining Fourth Amendment protections.

Thermal Imaging

Used to detect heat emissions from private property.

Warrant Requirement

Police must obtain warrant for searches.

Scalia's Interpretation

Focuses on original meaning in D.C. v. Heller.

Substantially Important Interest

Government must justify regulations under intermediate scrutiny.

Madison's Draft

Original Second Amendment draft lacked prefatory clause.

Eavesdropping Device

Used in Katz case to record phone conversations.

Public Safety

New York's concern in regulating gun ownership.

Warrant

Legal document authorizing search or seizure.

Probable Cause

Reasonable grounds for search or seizure.

Search

Examination of a person's property or person.

Seizure

Taking possession of property by law enforcement.

Carpenter v. US

2018 case on cell phone location privacy.

Stored Communications Act

Regulates government access to electronic communications.

Third Party Doctrine

Information shared with third parties loses privacy.

Cell-Site Location Information

Data revealing user's location via cell towers.

Expectation of Privacy

Assumption that personal information is private.

Harris v. US

Case on warrantless search of an apartment.

Chimel v. California

Established limits on searches incident to arrest.

Entick v. Carrington

Landmark case on protection against unlawful searches.

Wilkes v. Wood

Early case reinforcing privacy rights in homes.

Judicial Approval

Court's permission required for searches and seizures.

Reasonableness Approach

Standard prioritizing reasonableness over warrants in searches.

Olmstead v. US

Case on wiretapping and physical invasion requirement.

Federal Communications Act

Regulates government wiretapping practices.

Exceptions to Warrant Requirement

Situations allowing searches without a warrant.

Administrative Searches

Searches justified by special needs beyond law enforcement.

Wiretapping

Violation of FCA section 605 regarding privacy.

Katz Test

Determines reasonable expectation of privacy.

Fourth Amendment

Protects privacy, not just property rights.

Kyllo v US

Invalidated warrantless thermal imaging searches.

Privacy of Life

Secured against arbitrary government power.

Police Surveillance

Obstacles placed against excessive monitoring.

Third Party Information

No privacy expectation for voluntarily shared data.

Balancing Act

Weighs individual security against law enforcement utility.

Two Tiered Scale

Assesses Fourth Amendment protection of interests.

Warrant Requirement

Necessary if Fourth Amendment interest is protected.

Narrow Exceptions

Limited circumstances allowing warrantless searches.

Berger v New York

Wiretapping deemed a search under Fourth Amendment.

Probable Cause

Required for warrants and specific search descriptions.

General Warrants

Prohibited by Fourth Amendment to prevent abuse.

US v Jones

GPS tracking deemed a search violation.

Common Law

Physical intrusion into property constitutes a search.

Carpenter v US

Government actions violate privacy of movements.

Open Fields Doctrine

Fourth Amendment does not protect open fields.

Hester v US

Police may search open areas without warrants.

Oliver v US

Open field exception applies to posted fields.

Administrative Inspections

Require warrants if occupant objects.

Marshall v Barlow's Inc.

Unconstitutional warrantless OSHA inspections.

Warrantless Searches

Searches conducted without a judicial warrant.

Regulatory Purposes

Government oversight without reasonable privacy expectations.

Industries with Oversight

Includes liquor, firearms, mining, junkyards.

Three Pronged Test

Criteria for justifying warrantless searches.

Substantial Government Interest

Essential for regulatory scheme justification.

Constitutional Substitute for Warrant

Inspection programs can replace traditional warrants.

Cady v Dumbrowski

Case on police community caretaking functions.

Property Subject to Seizure

Defined limits on what can be seized.

Gouled v US

Seizure limited to contraband and crime instruments.

Warden v Hayden

Allows warrantless seizure for government needs.

Boyd v US

Seizures for evidence deemed impermissible.

Unreasonable Seizures

Protection against arbitrary arrests by police.