Admin Justice Chpt. 5 Flashcards
Fifth amendment
Self incrimination, double jeopardy, due process
Fourth amendment
Unreasonable search and seizures, probable cause (arrest)
Sixth amendment
Speedy trial, jury trial, to know charges, a lawyer, compel witnesses
Eighth amendment
Reasonable bail, excessive fines, cruel and unusual punishme
Exclusionary rule
Illegally seized evidence cannot be used in a trial
Writ of certiorari
Obtains lower court’s records for a case
Fruit of poisonous tree doctrine
Excludes from trial evidence developed later because of illegal search and seizure
Warren court
1960’s, court gets more involved
Mapp v Ohio (1961)
Exclusionary rule is applicable at state level
Burger court (1969-1986)
More conservative
Plain view doctrine
Evidence visible may be seized without a warrant as long as the police have a legal right to be in by hat area and cause to believe the evidence is associated with criminal activity
Anticipatory warrant
Issued on basis that evidence will be in that location when warrant is executed even if it is not there at the time of issue (US v Grubbs 2006)
Searches
Probable cause, no prior opportunity to get a warrant
Suspicionless searches
No warrant, no suspicion. Has compelling interest