POSC150 Lecture Notes - Lecture 3: Exclusionary Rule, Implied Consent
16 Feb 2017
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4th amendment forbids unreasonable search/seizures judge can issue search warrant with probably cause. 5th amendment: prohibits forced self-incrimination, requires grand jury indictment, prohibits double jeopardy, prohibits loss of life/liberty/property without due process. 6th amendment: right to a speedy, public trial with local jury, accused must hear charges, confronted with witnesses, accused has right to call witnesses and receive assistance of counsel. 8th amendment: prohibits excessive bail/fines, prohibits cruel and unusual punishment. Good faith exception to the exclusionary rule. Suspension of habeas corpus (right for accused to hear what they are being charged for. Implied consent to being searched in front of judge pg 138) Patriot act: smaller wall between intelligence/enforcement, wire taps/searches, access to private info/records. Investigation without probable cause for national security: threshold for detaining suspects, less oversight, renewed in 2006/2011. Important tool in fight against terrorism: examples: Families of 3 american citizens killed in strikes filled lawsuitsuit. Killings violated 5th amendment no due process.
