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unit 3 con law
vocab and court cases 4th & 8th Amendment
| Term | Definition |
|---|---|
| Terry v. Ohio 1968 | Legal to do a pat-down if they look suspicious without a warrant |
| Miranda v. Arizona 1966 | Need to be told 5th Amendment rights |
| Carpenter v. US 2018 | Need warrant to search cell phone, robbery |
| Birchfield v. North Dakota 2016 | States can criminalize refusal of breath test but not refusal of blood tests |
| Kelo v. City of New London 2005 | Government can take owned property for private developers for economy purposes |
| Illinois v. Gates 1983 | Two prong test was too rigid, totality of circumstances need to be used to determine probable cause, drug trafficking, anonymous letter |
| Heien v. North Carolina 2015 | Search and seizure legal under 4th Amendment when officer made reasonable legal mistake, 1 brake light out, cocaine |
| Florida v. Jardines 2013 | Going on front porch needs a warrant, weed |
| Gideon v. Wainwright 1963 | Right to counsel is necessity in any felony case |
| Gregg v. Georgia 1976 | Death penalty is not cruel/unusual punishment is applied properly in extreme criminal cases, armed robbery and murder |
| Mapp v. Ohio 1961 | Established exclusionary rule, any evidence obtained illegally cannot be used against you in court, obscene content |
| Kennedy v. Louisiana 2008 | Death penalty can not be used for child rape case |
| Katz v. US 1967 | Person in state of privacy, like a public phone booth, is constitutionally protected, established reasonable expectation of privacy test |
| Furman v. Georgia 1972 | Burglary and accidental murder. Ruled death penalty needs to be consistent and can not target black defendants. |
| Kyllo v. US 2001 | Can not use technology to bypass privacy protections, growing weed |
| Collins v. Virginia 2018 | Warrantless searches of vehicles near home is illegal |
| Chimel v. California 1969 | Arrest/search limited to what the person is within control of, aka their home |
| Florida v. Harris 2012 | If police have probable cause they can search cars, totality of situation, open beer can, meth |
| District of Columbia v. Wesby 2018 | Partygoers that were trespassing with certain circumstances could be arrested and officers have qualified immunity |
| Riley v. California 2014 | Police needs warrant for cell phone search, gang member |
| Mitchell v. Wisconsin 2019 | Police can do a blood alcohol test without warrant with probable cause of drunk driving |
| California v. Ciraolo 1968 | If police have a tip for weed growing do not need warrant for arial search from above |
| Rodriguez v. US 2015 | Traffic stop can not be extended past initial time needed for stopping and dog sniff without reasonable suspicion is unconstitutional |
| Roper v. Simmons 2004 | Execution of minors is unconstitutional |
| Atkins v. Virginia 2002 | No death penalty for the mentally slow |
| Timbs v. Indiana 2019 | Drug offense Land Rover was taken by state. Ruled prohibition of excessive fines apply to local/state gov not just federal |
| Escobedo v. Illinois 1964 | Murder case, must allow suspect to speak to an attorney if requested during interrogation |
| 4th Amendment | Search and seizure |
| 5th Amendment | Right to have property taken with just compensation, self-incrimination, double jeopardy |
| 6th Amendment | Speedy and public trial, impartial jury, notice and nature of accusation, confrontation with witnesses, assistance of counsel |
| Arbitrary | A decision made randomly without reason |
| Capital Punishment | AKA death penalty which is state by state |
| Eminent Domain | The government’s right to take private property for public use with compensation |
| Exclusionary Rule | Prevents the evidence that was found against the person’s rights from being used in criminal trial |
| Injunction | A court order to stop doing something |
| Miranda Warnings | When arrested: Right to remain silent, anything you say can be used against you, right to an attorney, right to appointed counsel |
| Probable Cause | Reasonable belief, more than suspicion, fluid concept; legal threshold met before law enforcement |
| Procedural Due Process | A person’s rights in a trial; criminal or civil |
| Reasonable Suspicion | Allows police to briefly stop & question people based on facts suggesting criminal activity. Less than probable cause for arrest/search |
| Selective Incorporation | SCOTUS applies Bill of Rights to state gov through 14th Amendment one right at a time |
| Self-Incrimination | Right to not reveal incriminating evidence, right to remain silent |
| Substantive Due Process | Principle of 5th&14th Amendments, protects fundamental right from gov and ensures that laws are just and fair |
Created by:
quinnj44
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