23 Questions
According to the text, what is the purpose of due process?
To act as a shield against arbitrary activity of government
According to the text, what is the common law rule on arrest?
An arrest can be done based on common law maxims and principles
According to the text, why do many cases involving false imprisonment or unlawful arrest lack the proper due process argument?
The arrested party fails to raise the proper arguments in court
According to the text, what does the phrase 'due process of law' mean?
The law already established in the land
What is the main purpose of the Fourth Amendment in the U.S. Constitution?
To protect against unreasonable searches and seizures
What does the author suggest about the legal profession in the text?
Most lawyers are incompetent
Why did the American colonists take up guns against King George III and his army?
To prevent arbitrary acts of government
According to the text, what criteria must be followed for an arrest made with a warrant to be considered lawful?
The criteria of the Fourth Amendment
According to the text, when is the provision of the Fourth Amendment not applicable for an arrest without a warrant?
When the arrest is made at common law
According to the text, what is the common defense raised in cases involving arrests without a warrant?
Violation of the Fourth Amendment
According to the text, what is the basis for the extraordinary control over the liberty of the citizen in the context of traffic laws?
The terms and rules under the driver's license
According to the text, what did the recent Minnesota decision state about the right to resist an illegal arrest?
Defendants do not have an additional constitutional right to resist an illegal arrest.
What did the Supreme Court of Georgia uphold regarding the right to resist an unlawful arrest?
A citizen unlawfully arrested has the right to resist force with force.
What is the law that allows one to resist an unlawful arrest?
The law of self-defense and self-preservation.
According to the text, what did the Supreme Judicial Court of Maine hold regarding an illegal arrest?
An illegal arrest gives the person being restrained the right to use any force necessary in defending themselves.
According to the text, what is one reason why a driver's license allows for on the spot arrests?
The license waives the driver's right to constitutional safeguards and rights at common law
According to the text, what is the main reason for resisting an unlawful arrest?
To preserve the liberty of the citizen
According to the text, what is one consequence of police making unlawful arrests?
The majority of police would end up dead or quitting their jobs
According to the text, what is the purpose of officers adhering to the law when making arrests?
To maintain social order
According to the text, who is required to display their license when stopped by a police officer?
Every licensee who has accepted a driver's license
What did the State v. Fish case establish regarding highway roadblocks?
Highway roadblocks are considered reasonable and do not require a warrant
Why are arrests or detentions of individuals without a driver's license considered 'reasonable' according to the text?
Because they have voluntarily accepted the driver's license without objection
What did the Court hold in the New Jersey case regarding the arrest of individuals without a driver's license?
The arrest was considered valid under the driver's license law
Study Notes
Distortion in Arrest Procedures and Due Process
- The common law principles and procedures for arrests have existed for hundreds of years, but there is a trend towards oppressive control over citizens.
- Due process, or the law of the land, is meant to act as a shield against arbitrary government activity.
- The common law requirements for an arrest without warrant are often violated in favor of statutes on arrest.
- The requirement of due process of law is often neglected in arrest cases.
- Many cases of false imprisonment or unlawful arrest lack proper due process arguments.
- Chief Justice Warren Burger has expressed that many lawyers are incompetent and lack independent thinking.
- The due process guarantee has ancient origins and is prominently found in Magna Carta.
- The due process argument in false imprisonment cases can nullify statutes that are contrary to the common law rule on arrest.
- Government has encroached upon citizen's liberty by ignoring due process.
- The common law only allowed arrests without warrant for known felonies and breaches of the peace.
- The Fourth Amendment is frequently misused or misapplied as a defense to arrests without warrant.
- There is a struggle between the fundamental rights of citizens and an oppressive system of law enforcement in cases involving "traffic violations."
Test your knowledge on driver's license rules with this quiz! Learn about the requirement to carry and display your license when operating a vehicle.
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