Due Process Amendments Flashcards

1
Q

Fourth Amendment

A
  • Reasonable/Unreasonable Search
    Anywhere you do/do not have a reasonable
    expectation of privacy
  • Probable Cause
    Must have probable cause to search/seize;
    requires a search warrant, unless evidence is in
    plain view or officer has reasonable suspicion
    Police can search cars without a warrant and
    dogs can sniff the car
  • Exclusionary Rule
    Evidence obtained illegally cannot be used as
    evidence in court
    Exceptions: inevitable discovery or during a
    “knock and announce”
  • Wire Tapping
    An agency can collect the same info that a phone
    company does
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2
Q

Fifth Amendment

A

Right to…
- Grand Jury
- Due Process
- Protection against double jeopardy
- No private property can be taken for public use w/o
just compensation
- Right against self-incrimination

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3
Q

Sixth Amendment

A

Right to…
- Speedy and public trial
- Trial by jury
- Right to be informed of the charge
- Notice & Confrontation of Witnesses
- Obtaining witnesses in your favor
- Have the assistance of Counsel for his defense

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4
Q

Eighth Amendment

A
  • Can’t charge excessive bail
  • Can’t charge excessive fines
  • Can’t give cruel and unusual punishment
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