Search & Seizure Flashcards
Writs of assistance
- issued upon bare suspicion •no PC needed
* no judicial authorization •no inventory of seized property
3 branches of government and what they do
Legislative: writes laws judicial: interprets laws; judges
Executive: enforces law; police, prosecutors, and corrections
What is the constitution concerned with?
•Individuals rights
•authority for government to exist comes from consent of the government
•
Bill of Rights
•first 10 amendments
4th amendment
- protects individuals rights
- protects people not places
- restricts federal government
Due process
• incorporation to protect the Bill of Rights to the states government and local government
Concept of judicial review
- unique
- America invented it
- U.S Supreme court has final say on what constitution means
Federal constitution
- acts as a floor
* basic rights; nobody can go below
State constitution
- acts as a ceiling
* can give more rights; gives additional rights
What adopts the language of the 4th amendment?
•Article 1 section. 7 of the CT Constitution
54-1f
•places restrictions on the police and gives citizens greater rights
To have a constitutionally valid arrest all you need is______
Probable cause
For 4th amendment to apply you need what?
- government action
- search & seizure
- constitutional protected area
Reasonable means what?
Legally justified
What is the Katz Test?
- Subjective expectation of privacy
* objective expectation of privacy
