Crim 13 Final Study Guide PDF

- Know The Bill of Rights - Contains Preamble and first ten Amendments. - 1^st^ Amendment - Freedom of speech, press, religion, assembly, and petition. - 2^nd^ Amendment - Right to keep and bear arms. - 3^rd^ Amendment - Quartering soldiers. - 4^th^ Amendmen...

- Know The Bill of Rights - Contains Preamble and first ten Amendments. - 1^st^ Amendment - Freedom of speech, press, religion, assembly, and petition. - 2^nd^ Amendment - Right to keep and bear arms. - 3^rd^ Amendment - Quartering soldiers. - 4^th^ Amendment - No unreasonable search and seizure. - 5^th^ Amendment - Right to Due Process, no self-incrimination, double jeopardy. - 6^th^ Amendment - Right to speedy and public trial by an impartial jury, right to be aware of criminal charges, right to confront witnesses during trial, right to have witnesses appear in trial, right to legal representation. - 7^th^ Amendment - Right to jury trial for civil case where value is over \$20. - 8^th^ Amendment - Protects against excessive fines and cruel and unusual punishment. - 9^th^ Amendment - Government cannot take away right of the American people that are not specifically listed in the U.S. Constitution. - 10^th^ Amendment - Any powers not specifically given to the federal government, nor withheld from the states, are reserved to the states, or the people. - 13^th^ Amendment - Abolished slavery and involuntary servitude in the U.S. except as punishment for a crime. - 14^th^ Amendment - Civil rights to all citizens. - Stare Decisis - When a high court agrees with a lower court's decision. - Venue - Location where trial will be held. - Voir Dire - Process of determining whether a juror can serve fairly and impartially in a given case. - Required proof in a criminal trial - Beyond a reasonable doubt. - Required proof in a civil trial - Preponderance of the evidence. - Why is our laws and Constitution considered living documents - Can change due to society changes. - Writ Of Certiorari - Request from higher court to lower court to send up the record of the case for review. - Miranda - Notification given to suspect by officers of their rights. - Chimel Case - Police officer can only search an area within a suspect's immediate control after arrest. - Katz Case - Said that the fourth amendment protects a person reasonable expectation of privacy, even in a public phone booth. - Carroll V. Us - Established the automobile exception, which allows law enforcement to search a vehicle without a warrant if they have probable cause. - Mapp V. Ohio - Court case that said that the exclusionary rule applies to states as well as the federal government. - Weeks V Us - Established the exclusionary rule, which prevents the government from using evidence obtained through unreasonable searches and seizures. - When do you need a Miranda Warning - When person is in custody and being interrogated. - What Is Probable Cause - Reasonable belief that a crime has been committed or that someone is responsible for it. - What Is Reasonable Suspicion - Legal standard that allows law enforcement to briefly stop and question someone if they have good reason to suspect criminal activity. - What Is Corpus Delicti - Legal principle that requires the government to have enough evidence to prove that a crime occurred before a person can be charged or convicted. - What Is Habeas Corpus - Legal procedure that allows a person to challenge the legality of their incarceration in court. - Terry V. Ohio - Allows police to stop and start an investigation with reasonable suspicion that a crime has been or is about to be committed and allows them to frisk person. - Ingraham V. Wright - Upheld the use of corporal punishment in public schools. - Graham V. Connor - Clarify the proper standard for judging claims of excessive police force under the fourth Amendment. - When can you detain somebody - When there is reasonable suspicion. - United States v. Patane (2004) - Patane called ex in violation of restraining order. While officers reading him his rights, he interrupted saying he knew his rights after he told them he had a gun and allowed them to search his house. He is a felon. He wanted the statement and gun thrown out. The US supreme court said Miranda rights are not part of the constitution but a safeguard of self-incrimination. He made those statements without being forced gun and statements were allowed in court. - California v. Acevedo (1991) - Police can search containers within a vehicle without a warrant if they have probable cause to believe the container contains evidence or contraband. - Taylor v. Saginaw (2019) - Chalking tires was ruled unconstitutional and a violation of the fourth amendment. - Morgan v. Fairfield County (2018) - The court ruled police violated the Fourth amendment by entering the side and backyard during a "knock and talk" investigation. Expectation of privacy. - United States v. Shrum (2018) - After Shrum\'s wife died and was taken to the hospital, police went into the house and prevented Shrum from entering for three hours. They found ammunition and later found out he was a felon. Court said that this was a "fishing expedition". Evidence could not be used. - Crocker v. Beatty (2018) - Crocker was recording a vehicle accident with the phone. The police seized the phone without a warrant violating his fourth amendment rights. - United States v. Burwell (2019) - Police thought Burwell and did not issue a ticket. They kept talking to Burwell and eventually found drugs in the car. Burwell said they "sweettalked" him and held him too long, the court said he stayed voluntarily. - Montanez v. Carvajal (2018) - Police entered the house without a warrant due to a burglary. They detained two suspects outside the home and conducted a "protective sweep" to search for additional suspects. They found marijuana and drug paraphernalia in plain view. - United States v. Herring (2009) - Herring had a warrant that should have been removed from the system he was arrested, and police located a gun and drugs officers acted in good faith and did nothing wrong. - Mullenix v. Luna (2016) - suspect was driving fast not pulling over and threatening officers with gun officer Mullenix shot him four times and luna crashed the shooting was justified. - Nix v. Williams (1984) - "Inevitable discovery." 10-year-old girl\'s body discovered. - United States v. Davis (2014) - Police investigating a string of robberies. They got phone records from Davis cell phone. Police got them without a warrant. Court said that they could not be used. - United States v. Ngumezi (2020) - Police cannot open a vehicle door and lean inside without probable cause. - Michigan v. Tucker (1974) - Police arrested Tucker reading his rights but did not advise him of his right to a free lawyer. The US Supreme Court said Miranda is not a constitutional right, but only a safeguard of self-incrimination. - State v. Knapp (2003) - The court ruled that physical evidence obtained because of an intentional Miranda violation was inadmissible. - Wong Sun v. United States (1963) - He has no standing, and his rights were not violated. - Fahy v. Connecticut (1963) - Swastikas painted on church sidewalk Fahy was pulled over before police discovered the swastikas and noticed paint and brushes in his car. The next day the crime was reported, and the police went to arrest Fahy, but too much time had passed.