Due Process of Law

What has to happen for our life, liberty, or property to be taken?

Types of Due Process

Substantive Due Process

• Allows courts to protect certain fundamental rights from government inference

• Even if the rights are not specifically mentioned elsewhere in the US Constitution

9th Amendment Protections

Procedural Due Process

• Requires government officials to follow fair procedures before depriving a person of life, liberty, or property.

• 4th, 5th, 6th, and 8th Amendment.

4th Amendment

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Probable Cause

The standard set by the 4th Amendment for a search warrant to be issued.

• Must explain the crime that is suspected.

• The evidence already gathered from other sources.

• Specific People, Places, and Items that will be subject to search.

Mapp v. Ohio (1961)

Reasonable Suspicion

Established in Terry v. Ohio (1968)

• Pat down

The Courts created a lower standard for a law enforcement officer to conduct a stop and investigate based on reasonable suspicion.

Less than probable cause, but must be more than a “hunch”.

The Surveillance State

After the 9/11 attacks, Congress passed the USA Patriot Act.

• This expanded federal power to collect information to prevent acts of terror.

• Expanded the FISA court system for secret search warrants.

• Allowed the National Security Agency (NSA) to conduct mass surveillance on US citizens in secret.

  • Focused on collecting phone data, text messages, email, GPS data, library records, ISP data.

• Leaked by Edward Snowden, and has been scaled back as of 2018.

5th Amendment

No person