Due Process Due Process Due process of law

Due Process

Due Process • Due process of law – Civil liberty that guarantees that the government must respect our legal rights • 5 th Amendment – “No person shall be. . . deprived of life, liberty, or property, without due process of law. . ” • 14 th Amendment – No State shall. . . deprive any person of life, liberty, or property, without due process of law. . ”

Search Warrant • Definition: A court order that gives authorization for a search • In most cases a search warrant is required by the 4 th Amendment to enter a premises or to search a person EXCEPT…

• Felony arrest in a public place • When you give consent to the search • When conducting a search connected to a lawful arrest…”immediate reach” • “Terry Stop” – only for things that feel like weapons… • In an emergency to public safety…”exigent circumstances”… • Possible loss of evidence…(car vs. trunk) • When in “hot pursuit”. • Checkpoints…DUI or Immigration checkpoints… • “Good Faith Exception”

Probable Cause • In the absence of a search warrant, police officers may arrest and search a suspect if there is reasonable suspicion • NOT a violation of the 4 th Amendment • Example – You match the description of a burglar, cops can arrest / search you

Procedural vs. Substantive Due Process Procedural • Actions of the government • Guaranteed by the 4 th Amendment • Examples – Searches – Drug Tests – Interrogations Substantive • Policies of the government • Guaranteed by the 14 th Amendment • Examples – Segregation – Pierce v. Society of Sisters

Exclusionary Rule • If an arresting officer did not possess a search warrant and cannot prove they had probable cause to seize evidence the evidence will not be allowed in court • This civil liberty is guaranteed to us by the 4 th Amendment

Miranda Rights • Established in the case Miranda v. Arizona • Its purpose is to inform the arrested of their rights – – Right to remain silent Anything said can be used against he/she in court Right to an attorney If unable to afford an attorney one will be provided by the state – May bring police questioning to an end at any time

Self-Incrimination • Civil Liberty guaranteed by the 5 th Amendment • No person shall be “compelled in any case to be a witness against themselves”

Halftime Questions 1. Describe a hypothetical situation in which a violation of someone’s procedural due process takes place 2. Describe a hypothetical situation in which the exclusionary rule would help protect someone’s constitutional rights