Exam #5 Flashcards
Miller Test
The average person, applying contemporary community standards, would find the work taken as whole appeals to prurient interest and depicts sexual conduct in a “patently offensive way” work lacks “serious literary, artistic, political or scientific value”
RAV v. City of St. Paul, Mn
SCOTUS struck down the ordinance as both underinclusive and overinclusive (overturned cross burning)
Virginia v. Black
SCOTUS upheld the law if no presumption of intimidation
Snyder v. Phelps
SCOUTS ruled that the first amendment prohibited the imposition of civil liability upon a church and its members who picketed the funeral of a slain Marine
Libel/Slander
Falsely defaming a person’s character
Libel = written
Slander= oral
New York Times v. Sullivan
Court ruled that public officials mush show “actual malice”
What is the fourth amendment?
“The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures…”
Kyllo v. U.S.
Thermal imaging device
Illinois v. Caballes
Dog sniff during traffic stop
Florida v. Jardines
Dog sniff of person’s home
United States v. Jones
GPS attached to bottom of car
Exceptions to the fourth amendment
- Search incident to an arrest
- Plain view doctrine
- Stop and frisk
- Consent
- Automobile Searches
- Administrative searches
Exclusionary rule
Unlawful evidence should not be used against the defendant in the prosecutors case
Cases from the exclusionary rule
- U.S v. Weeks
- Wolf v. Colorado
- Incorporation case - Mapp v. Ohio
- Court rules only time that exclusionary rule applies in all state cases
Miranda v. Arizona
- In-custody Interrogation
- Written by Chief Justice Warren
- Court ruled that Miranda’s constitutional rights were not violated in obtaining the confession
