POLI 1100 Lecture Notes - Lecture 6: Miranda Warning, Eminent Domain, Free Exercise Clause
22 May 2018
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I. Fourth Amendment
a. Search, seizure, and warrants
i. Probable cause
ii. Exceptions to search warrants
1. Autooile eeptio: a’t get a aat soeties. Says police can
search car without warrant
2. Terry exception: allows a pat down. Police can look for ID, weapons, and
contraband.
3. Plain view: if the police are somewhere where they are legally allowed
to be, and they see a crime and they see what they think is evidence of
the crime, they are allowed to take the evidence.
a. Example: police are walking down sidewalk and look at
soeoe’s la. The see dead peso ad a gu et to dead
person. The police can take the evidence.
4. Consent: giving police consent.
5. Exigent circumstances: similar to plain view. If police are legally allowed
to be where they are, and if the police believe that the evidence will be
destroyed before they can get a warrant.
a. Suppose the police have a search warrant. While they are there,
the ight see a ag of dugs. Ee if the polie do’t hae a
warrant for the drugs, they may be able to take it due to the
possibility that the drugs would be destroyed/ got rid of.
b. Exclusionary rule—Mapp v. Ohio (1969).
i. Evidence has to be legally collected in order to be used in trial
ii. SC plays important role in deciding when evidence is legal and when you have
exceptions
II. Fifth amendment
a. Has to do with police questioning
b. Miranda v. Arizona
i. Ordinary case. Very clear that Miranda was guilty. Issue was not the actual case,
ut ho the ase as hadled. Miada’s lawyer argued that he was not told
that Miada did’t hae to ase the uestios.
ii. Have the right to remain silence
iii. If Miada ights ae’t told, the the self-incriminating statements are
admissible.
c. Protects you from self-incrimination
d. Prohibits double jeopardy
i. Ca’t hae a seod tial eig used eause the do’t like the outoe.
ii. In our legal system, it is quite common to have more trials
1. Sometimes you are tried in criminal and civil courts
2. Or it can be appealed
3. Or can have new trial if you have new evidence
e. Eminent domain: if the US gov needs your property for a public purpose, it can take it
and compensate you.
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
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