4th and 5th Amendments w/Courts
4th and 5th Amendments w/Courts CJ 100
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This 3 page Study Guide was uploaded by Christian Wingert on Tuesday February 24, 2015. The Study Guide belongs to CJ 100 at University of Alabama - Tuscaloosa taught by Douglas Klutz in Winter2015. Since its upload, it has received 82 views.
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Date Created: 02/24/15
4t 5t 6t and 7th Amendments 4th Amendment 0 Background 0 Protection against unreasonable searches and seizures 0 Probable cause 0 No general warrants When aren39t warrants required Consent Plain View Documents 0 Includes areas visible from the air 0 Plain feel and plain smell 0 Police dogs who sniff luggage in public places are not conducting searches Weeks v United States Exclusionary rule is created 1914 Huge check on police power 0 Only applied to federal cases Mapp v Ohio Extended the exclusionarv rule to the states via Due Process Clause in the 14th Amendment Katz v United States 0 Issues 0 Right to privacy Does it extend outside the home 0 Do you need physical intrusion to constitute a search Ruling 0 Private Conversations can be made in public places 0 What a person knowingly exposes to the public even in his own home or of ce is not a subject of Fourth Amendment protection California v Greenwood 4th Amendment does not prohibit the warrantless search and seizure of garbage left for collection outside of a house No reasonable expectation of privacy for trash on the side of the street Kyllo v United States Use of thermal imaging technology to see through walls The use of thermal imaging technology constituted a search did not fall under plain view doctrine K 9 Searches Sniff by a police dog is not a search under the 4th Amendment 0 Positive alerts are treated as probable cause Florida vJardines Is a K 9 sniff outside of the house a 4th amendment search 0 Requires both probable cause and a search warrant Terry v Ohio Reasonable susoicion an individual can receive a quotstop and friskquot pat down 0 quotTerry Stopquot Applies to traf c stops as well Motor Vehicle Exception Allows the search of a motor vehicle without a search warrant Probable cause Sight or smell of contraband plain view plain smell 0 Minor traffic violations are not considered probable cause 5th Amendment Grand Jury Indictments Grand Jury decides whether the prosecution has enough evidence to bring a defendant to trial Probable cause indictment formal charging green light to proceed No probable cause no bill no charges Grand Juries Prosecutor presents evidence against suspect Advantages for prosecution because 1 Proceedings are secretive only prosecutor and jury present 2 Exclusionary rule does not apply to grand jury proceedings 3 Prosecutor can choose which evidence presented to jury Miranda Warnings Miranda v Arizona 1966 Protects fth amendment rights of individuals against selfincrimination Rights read after a person has of cially been taken into custody but before any interrogation takes place Reasons for Miranda Protection against forced confessions Protection against lengthy interrogations without legal counsel 0 Public safety exception can forgo Miranda warnings if there is a threat to public safety Courts Criminal vs Civil Burden of Proof what the prosecution must overcome in order to establish someone39s guilt Plaintiff person who brings an accusation against another person 0 Defendant person who the accusation is against o It is easier for the prosecutionplaintiff to win in civil cases because the burden of proof threshold is lower 0 Means that you need less certainty of guilty to prove a conviction worthy Less certainty needed more likely the charges will be upheld Criminal Court Burden of Proof Guilty beyond a reasonable doubt Doesn39t mean absolute certainty about the defendant39s guilt but very close to certain Quantify 9799 Reason it39s so high 0 Taking someone39s liberties 0 Need such a high threshold because conviction would mean taking someone39s rights away and you want to be as correct as possible before that occurs 0 The government brings suit against prosecutes a person who they believe has violated the law defendant 0 Example People of the State of California Prosecution v Oj Simpson defendant Civil Court 0 7th Amendment deals with civil courts 0 Allows for a trial by jury in civil cases Burden of Proof Preponderance of Evidence 0 Certainty of guilt threshold is less than in criminal cases Certainty quanti ed 51 Tort civil wrong lawsuit 0 Compensation from damages or injuries 0 One party plaintiff who feels they were harmed tort brings a complaint against another party defendant 0 Liebeck plaintiff v McDonalds Restaurants defendant
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