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Tip Sheet 3.2
Mr. TImm
| Question | Answer |
|---|---|
| What is the 4th Amendment? | Protection against UNREASONABLE searches and seizure |
| What is a warrant? | A document issued by a judge authorizing the police to make an arrest, or to conduct a search |
| What is a Search? | Entering someone's home to look for evidence |
| What is a Seizure? | When the police restrain someone with force, or take their property |
| What is The Exclusionary Rule? | This rule prohibits the use of evidence in a trial if it was obtained without probable cause or a warrant |
| What is Plain View Doctrine? | If the police are searching in a place with a warrant and they come across evidence of a crime in plain sight, they can seize that evidence and it can be used in court |
| What is the New Jersey vs. TLO | School officials searched TLO's purse suspecting she had cigarettes. They found cigarettes, marijuana, and a list containing the names of students who owed TLO's money |
| What does the substantives rights mean what? | Citizens are not protected from search and seizures |
| What is the main legal ingredient to granting a search warrant is what? | Circumstantial evidence that leads to probable cause |
| True or False: Police may have suspicion/tip/indication of a crime but a judge should not issue a warrant just based on suspicion and anonymous tips | True |
| When the need for search and seizure arises a warrant is NOT always needed? | True, not every situation and the circumstances may merit the need for a search |
| If under a search made under a warrant finds not what the police are looking for but something else, it may be permissible to charge the suspect? | Yes |
| Why did the judge throw out the case for Mapp vs. Ohio? | The police had a "fake warrant" |
| Where can the location of the 4th amendment be placed | Houses, Private Property, Cars |
| Are random drunk driving safety checks legal? | Yes, but they cannot target minorities |
| What is the 5th amendment | Protect your right to testify, trial, and be imprisoned |
| What does 'Pleading the 5th' mean? | It means you cannot be forced to testify against yourself in a case. |
| What does 'Double Jeoparty' mean? | It is the ideal that prevents the government from prosecuting you twice for the same crime |
| What does 'Due Process' mean? | Protects people from being imprisoned without fair procedures and trials |
| What is the 6th amendment? | You have the right to have a speedy trial/informed of the charges/question the witness/call your own witness/have a lawyer |
| What is the 7th amendment? | The right to a trial by jury/cannot be tried twice for the same crime |
| What is the 8th amendment? | No excessive bail/fines/punishment |
| What is the 9th amendment? | The idea that citizens have other rights, even if they are not specifically mentioned in the constitution |
| What rights are included in the 9th amendment? | The right to travel/vote/privacy |
| What is the 10th amendment? | Gives states governments the power to fun elections, create marriage laws, and regulate schools |
Created by:
santi_v
Popular American Government sets