Amendments 2-5, 14

The Right to Bear Arms KEY QUESTION: do the people have an “individual right” to bear arms or does the state have a right to maintain a militia? On one hand, gun rights advocates insist that an individual right exists—therefore state and federal gov’t has no grounds to ban, limit, or regulate the sale or possession of any type of weapon. On the other hand, gun control advocates focus on the history of the Amendment and argue that the Founding Fathers intended the 2nd Amendment to protect a state’s right to keep and maintain a militia. This would protect the states from federal power. Note that for much of American history, the SCOTUS has favored the “states’ rights” argument—the 2nd Amendment has yet to be “incorporated” and is thus not protected from state action.

3rd Amendment Text “No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.” Note the historical circumstances which led to this amendment—Quartering Act leading up to the Revolution. Given the sweep of US History, the 3rd Amendment has had little importance and a case has never come before the SCOTUS

Rights of the Accused Constitutional Protections Due Process – refers to the proper legal procedures given to individuals accused of a crime Writ of Habeas Corpus—prevents unjust arrests or imprisonments. Bill of Attainder—inflicts punishment without a court trial or used to target individuals Ex Post Facto Laws—law passed after the fact.

Due Process 14th Amendment guaranteed citizenship to all “State may not deprive any person of life, liberty, or property w/o due process of law” Due Process not always given Ex: Plessy v. Ferguson upheld segregation Ex: Korematsu v. US allowed Japanese-Americans to be placed in internment camps and government to confiscate their property Ex: poll taxes and literacy tests in the South Modern US history has changed to protecting Civil Liberties and broadly interpreting 14th Amendment

“Good Faith” exception—Just because a warrant is faulty, doesn’t mean that evidence obtained during a search is unusable “Inevitable Discovery” exception—evidence that would have turned up no matter what can be used, even without a warrant “Honest Mistakes” exception—In carrying out a search, if police make an honest mistake, that evidence can still be used “Knock and Announce” exception—just because police fail to “knock and announce” as they customarily do, doesn’t mean that evidence obtained afterwards can be excluded Automobiles: The SCOTUS has ruled that whenever the police lawfully stop a car, they do not need a warrant to search anything in that vehicle that they have reason to believe holds evidence of a crime, including the passengers belongings, the glove compartment, the trunk, etc

Types of Searches Looking in/around home or apartment Looking into an automobile Wire taps Taking blood or urine Looking through binoculars and telescopes X-rays Looking through pockets/purses Dog-sniffing

Legal Warrantless Searches Searches after an arrest Consent searches Plain view Stop and frisk Hot pursuit Inventory Border/Airport Searches Evidence collected in garbage Presentation of a weapon

Mapp v. Ohio US v. Verdugo-Urquidez Miranda v. Arizona people who are arrested must be informed of their rights for evidence can be admitted in court upheld the constitutionality of warrantless searches conducted at a public high school assuming probable cause existed that illegal aliens, based on rights they have in 5th, 6th, and 14th Amendments, cannot be subject to unreasonable search and seizure evidence obtained in violation of the Fourth Amendment may not be used in state and federal courts Mapp v. Ohio US v. Verdugo-Urquidez Miranda v. Arizona TLO v. New Jersey

The Fifth Amendment “Plead the Fifth” - refusal to testify on the ground that the testimony might tend to incriminate the witness in a crime Anyone found not guilty cannot face double jeopardy—be tried again for the same crime. Exceptions to self-incrimination Fingerprinting, police line-ups, handwriting samples, social media images and statuses/tweets No one can have property taken without due process of law, except in cases of eminent domain. - Eminent domain is the power to take personal property to benefit the public.