Bill of Rights Flashcards
Lemon Test
1
Establishment Clause
1
Free Exercise Clause
1
Gitlow v NY
1
McDonald v Chicago
2
Probable Clause
4
Affidavit
4
sworn statement for a warrant
Warrant
4
Exclusionary Rule
4 illegally obtained evidence not allowed
Fruit of the Poisonous Tree
4 evidence found from illegal search is invalid
Exceptions to 4th
-in plain view, consent, cars, exigent circumstances (emergency situations), borders, airplanes, schools, good faith error, independent source, inevitable discovery
Inevitable Discovery
4 evidence would have been found legally anyway
Civil Asset Forfeiture
4 (but held accountable by 8)
Mapp v Ohio
4
Grand Jury
5 (determine whether or not a person should be formally accused of a specific crime)
Double Jeopardy
5
Self-incrimination
5
Due Process
5
Difference between 5th and 14th Due Process Amendment
The 5th Amendment protects people from actions of the federal government, and the 14th protects them from actions by state and local
Substantive Due Process
5
Procedural Due Process
5
Eminent Domain
5
Miranda v Arizona
5
Right to Counsel
6
Gideon v Wainwright
6
Atkins v Virginia
no execution of disabled persons (8)
Roper v Simmons
no death penalty for minors (8)
Timbs v Indiana
limits on excessive fines (8)
not incorporated
3rd, 7th, 9th, 10th
Kennedy v Bremerton
1 expanded free exercise clause
Burdine v Johnson
6 sleeping lawyer
Gregg v Georgia
8 sustained death penalty
United States v Miller
2 (certain type of gun not allowed)
DC v Heller
2 law regulating gun ownership is unconstitutional
