Civil Liberties: First Amendment Freedoms The Unalienable Rights a commitment to Freedom Bill of Rights



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Example of distinction: a law that prohibits possession of narcotics (substantive) ) and police must generally obtain a warrant before conducting a search for narcotics in one’s home (procedural).

  • Arrests Questioning and Imprisonment

  • Arrest “seizures may be conducted

    • With a warrant issued upon “probable cause” – Amendment 4

    • Without a warrant in emergencies, in case of “hot pursuit” or when probable cause exists

  • Exclusionary Rule

    • Illegally-obtained evidence may not be used in court -- Mapp v. Ohio

    • Not used if:

      • There would be “inevitable discovery”

      • Police operate on “good faith: assumption that a warrant was valid.

  • Searches may be conducted without a warrants

    • If probable cause exists with automobile

    • Terry exceptions: if police have reason to believe suspect is armed and dangerous

    • When police make a lawful arrest

    • If suspect gives consent

    • At border crossings

    • If evidence is in plain view

    • Exigent circumstances, e.g. to protect lives and property

    • Schools can impose random drug tests on students in extracurricular activities (Board v. Pottawatomie v. Earls, 2002)

  • Protection against self-incrimination

  • Police Questioning

    • Forced questioning prohibited

    • Miranda earning to silence and counsel – Miranda v. Arizona

  • Habeas corpus

    • A court order that requires the authorities to bring an accused person to court to determine if he is being held legally. Therefore it prevents arbitrary and unfair imprisonment.

  • Rights of the Accused



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