exam 3 Flashcards
Generally courts will throw out evidence that the police got violated by the 4th amendment. this is known as
the exclusionary rule
in the supreme court case of New Jersey v.T.L.O. (1985) the court made a decision on the exclusionary rule. In the courts opinion with regard to a students 4th amendment rights the court decided
public school official s may conduct reasonable warrantless searches of students under their authority
Id a defendant waives their right to a jury trial and judge agrees the type of trial will be a
bench trial
the supreme court held that arrested criminal suspects should be informed of their rights
Miranda v. Arizona
which of the following best describes the citizenship clause of the 14th amendment
it grants automatic citizenship to anyone born in the us
there are two types of due process. which statement best describes each
substantive due process relates to the substance. the meaning the “what” of the law
Procedural due process relates to the procedures the methods the “how” of the governmental action must be fair
when evidence is obtained illegally without proper warrant for example and the evidence is excluded from trial this is known as
the exclusionary rule
during a routine traffic stop, a law enforcement officer sees illegal drugs on the passenger seat, and seizes the illegal items
police do not need a warrant for search and seizure when evidence is in plain view
what landmark supreme court case overturned plessy v. Ferguson and declared segregation in public school unconstitutional
brown v board of education
one of the sections of the 14th amendment
states that all persons born in the United states are citizens of the United States and of the states wherein they reside
in brown v board of education, the supreme court ruled that separate but equal segregated classrooms violated which clause of the 14th
equal protection clause
in the 2014 cause of Riley v us the supreme court argued that
cell phones contain all of the privacies of life and a warrant would generally be required to search it
the test of the 4th amendment asserts that the people are secure in their person, houses, papers, and effects from what types of searches and seizures
warrantless
according to the text of the 4th amendment warrants that are issued must
describe the place to be searched and the persons or things to be seized
what is a court order obtained from a judge who is convinced that there is probably cause to support a search of a particular person or place
a search warrant
which of the following best describes the use of the exclusionary rule
evidence gathered without a search warrant is not admissible during trial
which of the following rights is protected by the 5th amendment
protection against self-incrimination
which of the following supreme court decisions guaranteed the right of citizens to be told of their constitutional guarantee against self-incrimination
Miranda v Arizona
opponents to issue that data relates to would most likely cite which of the following to support their positions
8th amendment
which amendment allows the states to have laws independently of the federal government
10th amendment
what is the purpose of the 5th amendment in the us
to protect individuals from government overreach and ensure due process
what does double Jeopardy clause in the 5th amendment protect individual s from
being tried more than once for the same crime
which of the following statements are true
evidence seized illegally cannot be used in federal or state courts
which of the following statements is ture
police do not need a warrant for a search and seizure when evidence is in plain view
which of the following is part of the Miranda warning
you have the right to remain silent
which if the following is true regarding the 8th amendment
in the context of capital punishment, the court has generally viewed that 8th amendment to prohibit punishments that involve the unnecessary and wanton infliction of pain
the 16 years that chief justice earl Warren was on supreme court (commonly referred to as the “warren court”) was most notably for which of the following
the 16 years of the warren court almost completely incorporated the 1st through 8th amendment by the due process clause of the 14th amendment
protections of the bill of rights have been selectively incorporated by way of the 14th amendments due process clause to prevent state infringement of basic liberties. this is known as
selective incorporation
the amendment to the constitution which powers to the states that are not specifically enumerated in the constitution
tenth
in which landmark case did the supreme court establish the requirement fro police to inform people they arrest about their constitutional rights
Miranda v Arizona
what is the purpose of the due process clause in the 5th amendment
to ensure fair and lawful treatment by the government
list the six steps of jury duty
initial selection, basic questions, voir dire, first dismissal, challenges, swearing in
what is meant by the word naturalized or naturalization
naturalization is the process by which is citizenship is granted to a lawful permanent resident after meeting the requirements established by congress
which of the following statements are true with regard to the term jurisdiction thereof
the requirement that a person be subject to the jurisdiction thereof excludes its application to children born of diplomatic representatives of a foreign state, or children of members of Indian tribes subject to tribal trials
in plessy v Ferguson (1896) the supreme court held that Louisiana’s law requiring segregated rail cars did not violate the equal protection clause. what case overturned plessy v Ferguson’s seperate but equal doctrine
brown v board of education of Topeka Kansas
December 1 1955 Rosa parks was arrested in Montgomery Al for what reason
refusing to obey orders of a bus driver
a boycott of the Montgomery city bus system in 1955 was organized by the Montgomery improvement association NIA shortly after the boycott began the mia elected who as their new leader
Martin Luther king jr
which of the following children would not be considered a us citizen
a child born in Chicago whose German parents are diplomats in the us
