The court ruled against the electronic eves dropping in telephone boothes and established the Reasonable Expectation of Privacy Doctorine. the 4th amendment extends to peole not places
What is the Reasonable Expectation of Privacy Doctorine? Example
The 4th amendment extends to people not places
example: if in an officed with door closed you have a reasonable expectation of privacy. if on a cordless telefone you do not have a reasonable expectation of privacy.
What happened in Furman v GA?
The court ruled that the carrying out and imposition of the death penalty under the present system constituted cruel and unusual punishment.
Has the death penalty ever been stuck down by the court? When and why?
No. Not the death penalty itself but the administering of it because it violated 14th and 8th amendment.
Limits search and seizure
Privilage against self incrimination. Right to remain silent, do have to testify against self.
Right to council
Cruel and unusual punishment. requires legislatures to draft penal codes that are evenhanded, nonselective, and nonarbitrary....see page 212
What happened in McClesky v Kemp? What was the courts ruling?
McClesky, an african american, claimed the Geargia death penalty was administered in a racially discriminatory matter in violation of the 8th and 14th amendment. There was no evidence to support his claim and the court dismissed is claim with a 5-4 majority
What rule allows courts to "throw out" evidence obtained through an unreasonable search? This rule applys throughout the nation in what famous case?
Exclusionary rule. Mapp v Ohio
According to the court what is the purpose of the exclusionary rule?
It protects against unreasonable searches and seizures. The 4th amendment states it and the exclusionary rule enforces it and keeps the police professional.
Do police need a warrant for ALL searches
no. reasonable cause(auto exception), and plain view exception
What are the exceptions and cases for warrant exceptions.
Auto exceptionsCarroll v US, Plain view exceptionChimel v California, good faithUS v Leon
What is the signifigance of Carroll v US
established the auto exception
FLorida v Bostick
No reasonable expectaion of privacy on public transportations. Police can conduct searches w out probable cause or a warrant
Miranda v Arizona
Established the Miranda rights. Miranda was arrested for rape and did not know his rights and confessed to the police.
Dickerson v US
Appealed miranda. Attempt to strike down miranda. Apelled by court, was ruled as common practice
Gideon v Wainwright
Public attourneys in non capital cases. Court ruled that people had the right to a public defender even in non capital cases.
"Incorporation" an "Selective Incorporation"
Bill of Rights used to only apply to federal court. In the 20th century the court incorporated the 1st-10th amendment through the 14th amendment and applied them to the states.
According to the court do media "ride-alongs" violate the 4th amendment? Why?What case?
Yes,the police have the right to be there the media does not. Warrants allow police to search not the media.Willson v Lane
The establishment clause protects citizens from what?
A state religion. State funding to religion, school prayer etc.
The establishment clause is found under which amendment?
Free Exercise Clause
Allows people to practice a religion of their choice or non religion at all. Protects people from restrictions. Indirect restrictions do not violate free exercise clause.
Examples of direct restrictions (which are unconstitutional).
Banning of door-to-door religious solicitation by Baptists.
Banning the use of animal sacrafices by established religious groups.
Outcome of Wallace v Jaffree
Allowed moment of silence in public schools so long as it is not intended for prayer
Outcome of Engel v Vitale
1962 court ruled no state sponsered school prayer.
Lemon v KurtzmanLemon Test
both state laws were declared unconstitutional.
1. is has to have a secular legislative purpose
2. its principal or primary effect neither advances nor inhibits religion and;
3. it does not foster excessive governmental entanglement with religion.