GOV 310L Lecture Notes - Lecture 8: Imminent Lawless Action, Civil Liberties, Exigent Circumstance
Document Summary
Libertarians think this is all we should do, gov dosenthave obligations: positive rights - these are civil rights gov fulfilling certain obligations enable ppl to engage in activities central to their citizenship, such as voting and petitioning. Guarantee freedom from oppressive actions by others that seek to deny a person"s full status as an equal member of society. Imminent lawless action doctrine - a state cant get involved in monitoring speech unless it"s urgent: rights of the accused, right against unreasonable search & seizure i. ii. iii. iv. "protects two types of expectations, one involving "searches", the other "seizures". A search occurs when an expectation of privacy that society is prepared to consider reasonable is infringed. A seizure of property occurs where there is some meaningful interference with an individual"s possessory interests in that property. Consent to search, reasonable expectation of privacy, automobile exception (reamey"s rule)