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Exam 3 Study Guide

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Louisiana State University
SOCL 3371

Exam 3 Study GuideCases 68 info in classAmendments 4th14th due processth4 Search and seizureright against unreasonable searches and seizures without probable causeth14Citizenship no one will be denied due processStandards of proof reasonable suspiciona legal standard of proof in United States law that is less than probable cause the legal standard for arrests and warrants but more than an inchoate and unparticularized suspicion or hunch it must be based on specific and articulable facts taken together with rational inferences from those facts If police additionally have reasonable suspicion that a person so detained is armed and dangerous they may frisk the person for weapons but not for contraband like drugs Reasonable suspicion is evaluated using the reasonable person or reasonable officer standard in which said person in the same circumstances could reasonably suspect a person has been is or is about to be engaged in criminal activity it depends upon the totality of circumstances and can result from a combination of particular facts even if each is individually innocuousprobable causethe standard by which an officer or agent of the law has the grounds to obtain a warrant for or as an exception to the warrant requirements for making an arrest or conducting a personal or property search etc when criminal charges are being considered It is also used to refer to the standard to which a grand jury believes that a crime has been committed This term comes from the Fourth Amendment of the United States Constitutionpreponderance of evidence the burden of proving the facts and claims asserted in the complaintbeyond a reasonable doubtThe standard that must be met by the prosecutions evidence in a criminal prosecution that no other logical explanation can be derived from the facts except that the defendant committed the crime thereby overcoming the presumption that a person is innocent until proven guiltyLegal cases Queen v DudleyStephens 1884 a leading English criminal case which established a precedent throughout thecommon law world that necessity is not a defence to a charge of murder It concerned survival cannibalism following a shipwreck and its purported justification on the basis of a Custom of the Sea It marked the culmination of a long history of attempts by the law in the face of public opinion sympathetic to castaways to outlaw the custom and it became something of a cause clbre in VictorianBritain Weeks v US 1919a United States Supreme Court case in which the Court unanimously held that the warrantless seizure of items from a private residence constitutes a violation of the Fourth Amendment It also prevented local officers from securing evidence by means prohibited under the federal exclusionary rule and giving it to their federal colleaguesMapp v Ohio 1961a case in which the United States Supreme Court decided that evidence obtained in violation of the Fourth Amendment which protects against unreasonable searches and seizures may not be used in state law criminal prosecutions in state courts as well as had previously been the law as in federal criminal law prosecutions in federal courts The Supreme Court accomplished this by use of a principle known as selectivein this case this involved the incorporation of the provisions as construed by the Court of the Fourth incorporationAmendment which are literally applicable only to actions of the federal government into the Fourteenth Amendment due process clause which is literally applicable to actions of the states
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