INTL3540 Lecture Notes - Puritans, Strict Scrutiny
11 Mar 2014
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Footnote #4 (1939): strict scrutiny of the violation of rights by state courts by the supreme. Acts as a warning shot to state courts that the tide is going to turn. New york v. belton (1981: police are able to search the passenger compartment in your car without a warrant or probable cause because he has already stopped them for a traffic violation. In order to search the trunk the officer has to have a warrant. In bridgeport connecticut: passerby notices a guy with a gun in the passenger seat and gives an anonymous tip and the warrant allows the police to search the trunk. 5th amendment cases: double jeopardy, right to attorney, and self-incrimination: puritans in 1648 made sure that a person could not be compelled to self-incriminate and testify against themselves. Rex v. warickshall (1783): had to do with confession: confession is key for police. Must be voluntary and not because of fear or favor.
