government test 4 Flashcards

1
Q

Warrant

A

Document issued by a legal or government official authorizing police to make an arrest.

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2
Q

Probable Cause

A

A reason to think something wrong happened.

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3
Q

Reasonable Suspicion

A

Suspicious of someone for their actions.

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4
Q

Eminent Domain

A

If the government takes your land for public use, they must pay you private owner fair market value.

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5
Q

Exclusionary Rule

A

Prevents violation of 4th amendment. Says any evidence gathered illegally cannot be used in court.

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6
Q

Grand Jury

A

Decides if there is enough evidence to charge.

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7
Q

Miranda Rights

A

5th Amendment, Right to an attorney, properly defended.

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8
Q

Subpoena

A

Force someone to testify on your behalf.

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9
Q

Hearsay

A

Second hand evidence that’s not allowed unless the direct witness is dead.

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10
Q

Procedural

A

Laws must be carried out in a fair manner.

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11
Q

Substantive Due Process

A

Laws themselves must be fair.

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12
Q

Summarize the content/rights of the 4th Amendment.

A

Protects people from unreasonable searches. Property can only be searched with a warrant. Police don’t need warrants for incident to a lawful arrest, plain view, hot pursuit, automobiles, emergency circumstances, good faith exceptions.

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13
Q

Summarize the content/rights of the 5th Amendment.

A

Rights to a grand jury, can’t be tried for the same crime twice, don’t have to testify against yourself, the government must follow its own lanes, and the government can’t take your property without paying you. Miranda Rights are not required when in custody or officially being questioned. The police can lie and do - Strategic Deception.

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14
Q

Summarize the content/rights of the 6th Amendment.

A

Speedy and public trials, impartial/local jury, informed of the nature of accusation, rights to confront a witness, right to issue a subpoena, assistance of attorney.

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15
Q

Summarize the content/rights of the 8th Amendment.

A

No excessive bail, cruel and unusual punishment change overtime.

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16
Q

What are the exceptions to the 4th Amendment? Be prepared to apply these exceptions to cases.

A

You can be searched without probable cause at airports, stop and frisk, sobriety checkpoints, drug testing after an accident, school searches, and consent searches.
Exclusionary Rule - Prevents violation of 4th amendment, says any evidence gathered illegally cannot be used in court.