CASE LAW Flashcards
TERRY
an officer can check a person for weapons during a consensual encounter
Escobedo
individuals have the right to an attorney when an investigation goes beyond a general inquiry and focuses on a particular suspect. The principal states that a statement by a targeted suspect who is in police custody is not admissible at trial.
miranda
right to self incrimination warning and waiver. The Fifth Amendment requires that law enforcement advise suspects of their right to remain silent and to obtain an attorney during interrogations while in police custody
Leon
good faith exception to the exclusionary rule. officers found evidence in a search warrant later deemed invalid
Mapp
Dollree Mapp was convicted of possessing obscene materials after an admittedly illegal police search of her home for a fugitive. She appealed her conviction on the basis of freedom of expression. evidence obtained in violation of the 4th amendment (unreasonable search and seizure) is inadmissable in state courts.
Cahan
Horseracing and bookmaking by Los Angeles Police department. officers put recording devices in homes. evidence obtained in violation of 4th amendment inadmissable.
Ramey
need a warrant to arrest someone inside their home without getting consent to enter
Rochin
deals with shocks the conscience. officers forced subject to vomit drug capsules he swallowed violation of 5th(self incrimination) and 14(due process
Chimel
searches “incident to arrest” are limited to the area within the immediate control of the suspect
4th amendment
search and seizure
5th amendment
The Fifth Amendment protects individuals from being forced to incriminate themselves. … The privilege against compelled self-incrimination is defined as “the constitutional right of a person to refuse to answer questions or otherwise give testimony against himself.
6th amendment
guarantees the rights of criminal defendants, including the right to a public trial without unnecessary delay, the right to a lawyer, the right to an impartial jury, and the right to know who your accusers are and the nature of the charges and evidence against you.
8th amendment
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.’ The amendment is meant to safeguard Americans against excessive punishments.
14th amendment
No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws
how many amendments are there
27 amendments