Chapter 2

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

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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