LEGL 238 Study Guide - Fall 2018, Comprehensive Midterm Notes - Misdemeanor, Felony, William Pitt The Younger
12 Oct 2018
School
Department
Course
Professor
LEGL 238
MIDTERM EXAM
STUDY GUIDE
Fall 2018
4th Amendment- the right of the people to be secure in their person
and effects, against unreasonable searches and seizures, shall not be vi
no warrants shall issue, but upon probable cause, supported by oath
and particular describing the place to be searched, and the person
seized
On Liberty- two types of tyranny
Tyranny- living under a dictatorship
Tyranny by the minority- few control the many ex. Hitler, Mussolin
queens of Europe
Tyranny by the majority- where the many control the few
Probable Cause- reasonable belief that a crime has been committed
Ancient Law
Roman Empire
•
The government could not search any home without a parti
things that would be searched for. Several witnesses were requi
accompany those searching
•
Old English Common Law
The poorest man may in his cottage bid defiance to all the force of th
It may be that his roof may shake- the wind may blow through
enter but the King of England can not enter all his force dares n
threshold of the ruined tenement - William Pitt
•
Go to local magistrate to get a search warrant
•
Is the warrant valid?
Was the warrant supported by facts which established probable cause?
•
Was the warrant signed by a neutral and detached magistrate?
•
Was the warrant detailed with respect to the place to be search
things to be seized?
•
Exclusionary Rule- If the police violate the law during the investi
whatever evidence they receive is excluded in court, how the 4th
enforced
Fourth Amendment
Tuesday, September 18, 2018
8:46 PM
find more resources at oneclass.com
find more resources at oneclass.com
ersons, houses, papers,
all not be violated and
oath or affirmation,
ersons or things to be
ussolini, Stalin, kings and
tted
articular list of the
ere required to
e force of the crown.
rough it- the storm may
s force dares not cross the
robable cause?
strate?
lace to be searched and the
vestigation, then
e 4th amendment is
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Tyranny by the minority- few control the many ex. Tyranny by the majority- where the many control the few. Probable cause- reasonable belief that a crime has been committed. The government could not search any home without a parti things that would be searched for. The poorest man may in his cottage bid defiance to all the force of th. It may be that his roof may shake- the wind may blow through enter but the king of england can not enter all his force dares n threshold of the ruined tenement - william pitt. Go to local magistrate to get a search warrant. Fruit of the poisonous tree- doctrine of the exclusionary rule, n evidence excluded, any evidence found in result of the illegal search excluded. Did the government provide notice that property had been sei. Evanescent evidence- might be time sensitive, may disappear or d. Stop and frisk is made popular by rudy giuliani.
