Bill of Rights

1. Bill of Rights The Rights of the Accused: 4th, 5th, 6th, and 8th Amendments Important to preserve freedom

2. Overall Organization= Due process • 4th Amendment: Search and Seizure • PRIOR to being ARRESTED • 5th Amendment: Criminal Proceedings/Double Jeopardy/Giving evidence against yourself/Due Process • During INTERROGATION • 6th Amendment: Right to a Speedy Trial/ with impartial jury, locally held, confront accusers/ Right to an Attorney • During the actual TRIAL • 8th Amendment: No Cruel or Unusual Punishment • The SENTENCING phase Everyone with me?

3. Why do we have these? • As with all of the other rights in the Bill of Rights, these abuses were done to the colonists under British control. Specifically, these are rights that they wanted protected, to assure that this NEW government wouldn’t do the same thing! (Yet, they through in the 9th Amendment to make sure people knew there were other rights that should be protected as well-that the Bill of Rights was not a complete list of the rights that needed protected and that was all the rights that needed safe guarding.

4. 4th Amendment • What does a policeman need to search your home? • A signed warrant given to him by a judge • You must show the judge probable cause • You also have to be fairly specific in where you will find what your looking for • Plain sight rule: If police can see it evidence…. • Drugs/alcohol on passenger seat (cars=reduced expectation of privacy • Counterfeit machine in kitchen and is seen on the way to the basement • Marijuana being grown in open field • NOT thermal imaging, pot grown in basement, is illegal • Exclusionary Rule • Evidence is thrown out of court if obtained in an illegal search

5. Exclusionary Rule curtailed since 1961 • Done mostly in the 1980’s • Nix v. Williams (1984) • “inevitable discovery” exception to the rule • US v. Leon (1984) • “good faith” exception to the rule, mistake on the warrant itself • Maryland v. Garrison (1987) • “honest mistake” exception to the rule, went into the wrong apartment and made arrest after finding drugs • Bigger Concept: SC is NOT frozen in their decisions, they may change their minds or get more specific in their decisions • Drug Testing • April 2012: In a 5-4 Supreme Court ruling, SC allows strip search by guards of people arrested and detained, even if in error

6. 5th Amendment • You cannot be tried twice for the same crime: called Double Jeopardy • You do not need to testify against yourself: “I plead the fifth”/ Self incrimination

7. You must have due process of the law before you are convicted • The government cannot take away your land unless it pays and without a reason/ eminent domain (Kelo v. New London)

8. 6th Amendment • Right to a speedy trial by an impartial jury- meaning not favoring any side, same district

9. 6th still….. • You must be told of the charges against you, and to confront accusers • Writ of habeas corpus • You must be provided a lawyer if you cannot afford one • Gideon v. Wainwright

10. 8th Amendment • No Cruel and Unusual Punishment • No excessive bail

11. 9th, 10th, and 14th amendments • 9th Amendment • There are other rights to the people NOT mentioned, so don’t think that these here are all of them. • 10th Amendment • All other powers not mentioned go to the states • Restates the Constitution’s principle of FEDERALISM • 14th Amendment • States must follow the Bill of Rights • Selective Incorporation • Two HUGE clauses in the 14th amendment • Due Process: Civil Liberties- protects you FROM the Gov’t • Equal Protection: Civil Rights- Gov’t will stand next to you to make sure you are being treated fairly/equally

12. That is it…..