Substantive Due Process

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Presentation transcript:

Substantive Due Process The “what”, or policies of government action must be fair.

Procedural Due Process The “how”, or methods of government action must be fair.

Police Power State power to act to protect and promote the public health, safety, morals, and general welfare of its people.

A court order authorizing a search. Search Warrant A court order authorizing a search.

Discrimination Bias, unfairness.

Reasonable grounds, a reasonable suspicion of crime. Probable Cause Reasonable grounds, a reasonable suspicion of crime.

Exclusionary Rule Evidence gained as a result of an illegal act by police cannot be used against the person from whom it was seized.