LAW 203 midterm

What is the bill of rights?

The first 10 amendments of the constitution

history of the constitution

• 7 articles

• 27 amendments

• started with the articles of confederation. it gave too much power to the states and didn’t give the fed. gov. taxing rights

• the language is vague - open to interpretation, this is why it has lasted so long

1st amendment

• freedom of speech, religion, press, and assembly

4th amendment

• the protection of search and seizure

• the gov./police must need consent, an arrest warrant, or probable cause to search

• exceptions to the 4th amendment is you don’t always need a search warrant

• protects people not places

5th amendment

• the right to a grand jury

• double jeopardy clause (cannot be put on trial for the same crime twice)

• to protect self-incrimination - it is up to the state to prove guilt

6th amendment

• the right to a fair and speedy trial

• the right to counsel

• the right to heard in front of a jury

14th amendment

• due process - stops the gov. from infringing on your rights without evidence or strong reasoning.

5 parts of the Declaration of Independence

1. structure of the Constitution

2. separation of powers

3. powers of congress

4. president

5. judiciary

What is an appeal

when you take your case to a higher level of court to try and reverse your conviction

what is a motion

a legal document that is formally requesting the court to make a decision on something

Make up of the US Supreme Court

9 judges

compelling gov. intrest

 the gov implementing certain policies in the interest of protecting the constitution

exclusionary rule

 prevents the gov. From using most evidence gathered if it's in violation of the US constitution. It is not an individual right, it only applies to where it is needed.

• Boyd v. US

• Weeks v. US

• Wolf v. CO

• Mapp v Ohio

where do the power of arrest comes from?

the constitution

CI (Aguilar- Spinelli) two prong test

reliability of the informant and the information that they are providing

• not used on a federal level, overruled by Illinois v. Gates

Protective sweep

 the cops are allowed to search areas only where a person can hide (bathroom, closet, under the bed, ect)  

consent searches

• conducted by law enforcement with an individual’s voluntary permission, serving as an exception to the Fourth Amendment’s warrant requirement.

• Cops ask because they don't have probable cause.

Why police would use a No knock warrant

• destruction of evidence, the suspect fleeing,

• protecting the police,

• protection of the occupants

• Michigan v. Summers

• Richards v. Wisconsin

search warrants

• Search warrant you are allowed to detain someone when excusing a search warrant 

Things not listed on the search warrant can still be admissible in court.

• 6am-9pm they can be excused and within 10 days.

• a legal doc signed by a neutral judge based on evidence from police.

resonable suspiscion

• only for Terry stops, not arrests

• articulable facts- there is no definite definition 

• Exception to the 4th amendment— for officer safety 

Chimel v Cali

• he courts agreed with Chimel however they also believed that the police officers were acting in “good faith” and in any other circumstance they had enough probable cause for his arrest 

• The issue is the police went outside of their scope of where they can search

• Lungable area - searching the common area to make sure there is nothing there that could be dangerous get a weapon or destruction of evidence  

• The evidence was suppressed because the search was outside of the perimeter of the arrest

Automobile exceptions/searches

• Mobility of the automobile, less of expectation of your auto, and the vehicle and traffic cars (can't use your car to commit crimes) 

• Chambers v Maroney

Carroll doctrine

• allows officers to search cars without a warrant if they have enough probable cause to believe if there is evidence of a crime or if a crime has taken place

Probable cause

• must need for a warrant or an arrest warrant

Plain view

• police must legally be there

• evidence has to be criminal in nature

• Arizona v. Hicks

Good faith exception

• allows evidence collected by law enforcement officers pursuant to a defective search warrant if they reasonably relied on its validity

• Mass v. Shepard

• US v Leon

what is standing

• you’re ability to be heard in court

• US v Ross

• Rakus v. Illnois

Totality test

• The Constitution doesn't define "unreasonable." So, to decide if a police officer's actions were reasonable, courts test to evaluate everything that happened.

• Illinois v. Gates

Night time endorsement

• a search warrant that is outside of its normal time frame (6am-9pm)

Arrest warrants

• must have probable cause

• why? - to protect tangible and testimonial evidence

• protects what goes on in the house

• if you are arresting a lot of people

• Dunaway v. NY (police did not have probable cause)

Defecto arrest

bringing someone to the station but you don't officially arrest them. Depriving them of their liberty to leave 

Inventory searches

• when police detain someone and they search them or their belongings to make sure that there is no weapons on them or evidence.

Arraignment process

• the time between after getting detained and before heading to trial. you are in court with your attorney and the prosecutor, they then both make arguments to the judge if you should be held in jail or out on bond before your court date

Aerial search

• of an individual's property does not inherently constitute a search for which law enforcement must obtain a warrant.

• Cali. v Carney

Residential Picketing

. means standing, marching, patrolling, or other similar activities by one or more persons focused on, in front of or about a particular residential dwelling without the consent of the dwelling's occupant(s)

3 part porn. test

• Miller v. Cali

• to determine obscenity: prurient interest, patently offensive sexual conduct, and lack of literary, artistic, political, or scientific value

• not protected by the 1st amendment

Explotation of children

• CP is not protected bc children cannot consent to it