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Chapter 7 of Constitutional Law and the Criminal Justice System - Coggle…
Chapter 7 of Constitutional Law and the Criminal Justice System
First Amendment
Congress make no law respecting an establishment of religion or prohibiting its free exercise. (Freedom of speech, press, assembly, and the right to petition the government.)
Fourth Amendment
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated
The Fourth Amendment has evolved through time (by common and statutory law.)
All government agencies are impacted:
Secret Service
FDA
IRS
State Agencies
Clauses
Reasonableness Clause: NO unreasonable searches or seizures
The Warrant Clause: NO unnecessary warrants
Reasonable: Sensible, justifiable, rational
Bright Line Approach: Specific rule applying to all cases
Case by Case Method: Consider all of the facts and circumstances to the individual case
Probable Cause:
Evidence that is less than needed for conviction.
Sources of Probable Cause:
Observational: Perceived experiences by government official (5 sense of an officer)
Informational: Information provided by witnesses/information relayed by others
Individual and Officer Continuum
1) Voluntary Enounters (No objective basis)
2) Show of fource without submission (No objective basis)
3) Show of force with submission (Reasonable suspicion)
4) Physcial brief seizure on the spot to check for suspicion (Reasonable suspicion)
5) Arrest (Probable Cause)
Stop and Frisk
Stop: Brief detention to investigate suspicious behavior
Frisk: A pat down to look for suspicious items/weapons
Exclusionary Rule: the law that prohibits the use of illegally obtained evidence trial
Exceptions to the Exclusionary Rule:
Inevitable Discovery
Independent Source