What was the document before the constitution that didn't truly unite the colonies?
Articles of confederation
What was the bill that was guaranteed protection from government
Bill of rights
Bill of Rights
The first ten amendments to the Constitution. Provided notions of due process and protections against government (not states)
4th Amendment
Freedom from unreasonable searches and seizures
Olmstead v. US
1928, the government can tap your phone without a warrant.
Katz v. US
This 1967 Supreme Court case prohibited illegal eavesdropping and extending the zone of privacy to include the home, office, person, and immediate public arena. Reasonable expectation of privacy
probable cause
reasonable cause for issuing a search warrant or making an arrest; more than mere suspicion based on facts
What is the minimum amount of evidence needed?
Probable cause
Study slide 4 of chapter 2
...
Terry v. Ohio
Can use reasonable suspicion that a crime is on progress. Stop and frisk.
T or F: You can arrest someone on reasonable suspicion
False
What is the exclusionary rule?
evidence obtained illegally cannot be used against a person in court
Weeks v. US
Established exclusionary rule, evidence gotten without a warrant isn't admissable in a federal court
Mapp v. Ohio
Established the exclusionary rule was applicable to the states (evidence seized illegally cannot be used in court)
Fruit of the Poisonous Tree Doctrine
Extension and expansion of exclusionary rule. Evidence that is derived from an illegal search or interrogation is inadmissible.
Silverthorne Lumber Co. v. US
IRS did not have warrant to seize company's books therefore Supreme Court ruled in favor of company. Fruit of the poisonous tree
Good Faith Exception (US v. Leon)
Errors in search warrant are inadmissible in court
Nix v. Williams
inevitable discovery exemption - evidence that was illegally seized may be used in court if it can be shown that it would have inevitably been discovered
5th Amendment
The Right to Remain Silent/Double Jeopardy, right to due process
US v. Mendenhall
defined arrests as taking persons into custody for the purposes of charging them with a crime based on probable cause. Testing arrest "Am I free to leave?
Brown v. Mississippi
established that involuntary confessions are inadmissible in state criminal prosecutions
Miranda v. Arizona
The accused must be notified of their rights before being questioned by the police
What two things must be done to invoke Miranda rights?
Must be in custody and must be interrogated
double jeopardy
Being tried twice for the same crime. This is illegal
6th Amendment
Right to a speedy trial and right to an attorney
After arrest, how long do the police have to notify the person for what they are charged for?
24 hours
What are the steps to a speedy trial?
Notified of charges within 24 hours, preliminary exam within 10 days, trial court within 180 days
T or F: if the trial does not happen before 180 days the defendant walks
True
Powell v. Alabama
The Supreme Court ruled here that the right to counsel was required by law in death penalty trials.
Gideon v. Wainwright
A person who cannot afford an attorney may have one appointed by the government
8th Amendment
No excessive Bail or fines; No Cruel or Unusual Punishment
Furman v. Georgia
This 1972 Supreme Court case struck down all state laws allowing the death penalty stating that they allowed for too much discretion on the part of the judge and jury resulting in lack of consistent administration of the penalty.
Gregg v. Georgia
The 1976 Supreme Court decision that upheld the constitutionality of the death penalty, stating, "It is an extreme sanction, suitable to the most extreme of crimes." The court did not, therefore, believe that the death sentence constitutes cruel and unusu
Roper v. Simmons
Execution of offenders for crimes committed while under the age of 18 is unconstitutional
14th Amendment
Declares that all persons born in the U.S. are citizens and are guaranteed equal protection of the laws
Equal Protection Clause
14th amendment clause that prohibits states from denying equal protection under the law, and has been used to combat discrimination