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4th, 5th, and 6th

American Law

What are the 5 freedoms? speech, Religion, petition, press, and assembly
What are the 8 exceptions to the 4th amendment? Airport Plain view Consent hot pursuit emergency motor vehicle incident to lawful arrest stop and frisk terrorism
What happened in Katz v. US? the police put a wire on the outside of a telephone booth and court said it was not allowed because the people in there expect privacy. Police should have gotten a warrant
What are the 5 exceptions? Defamation, obcenity, time place and manner, fighting words, and commercial speech
Who issues warrants? The judge
What happened in Mapp v. Ohio? The woman lived upstairs and the police said they had a warrant when they didn't. They were looking for a fugitive but found obscene pictures and she was found guilty.
When must a Miranda warning be given? It must be given before a custodial interrogation.
What happened in Kyllo v. US? The police used a thermal imaging heat radiating device to tell how much heat was being used in the house, they thought they were growing marijuana. Police were not allowed to do this because it was an uncommon device so they needed a warrant.
What happened in New Jersey v. TLO? A public hs suspected her of smoking cigs and then searched her bag and they found cigs and then kept searching her bag. Administration does not need a warrant they just need reasonable suspicion.
What is due process? fair treatment
What happened in Miranda v. Arizona? He confessed to rape but because he wasnt given his Miranda rights they had to exclude the confession.
What is the 5th Amendment? You have the right to not be a witness against yourself
what is the 6th Amendment? You have the right to an attorney and the right to a speedy and public trial.
What happened in Escobedo v. Illinois? Escobedo hired someone to kill his brother in law but the police would not let his lawyer in when they were questioning him, so they were not allowed to use his confession, he was then set free.
What happened in Gideon v. Wainwright? Gideon asked for a lawyer and the judge would not give him one because it was not a capital offense. They had to retry him.
What happened in RE Gault? This set up rules for crimes committed by 15 year old.
What is the 3rd amendment? cording of soldiers
What does the 4th Amendment prohibit? unreasonable searches and seizures
Criminal system? 1. Government prosecutes 2. defendants don't have to testify 3. violations are prison or fines 4. proof beyond a reasonable doubt
Civil system? 1. plaintiff files a lawsuit 2. defendant may have to testify 3. violations are punished by damages 4. probable evidence
Created by: marusso