Can only be given for a specific person to search a specific place
People should be secure in their own homes
Direct response to writs of assistance
Exceptions are given for personal safety in situations that are definitely dangerous
exigent circumstance
There are a few exigent circumstances:
Automobile: cars can be searched without a warrant to prevent chances of leaving crime scene. Only applies to things in plain view.
Plain view: If something is in plain view then police can use it as evidence without needing a warrant. Applies if you invite a police officer into your home.
Danger: If there is a definite cause of danger, police can interfere. Also called Probable Cause.
NJ vs TLO
Girl accused of smoking in high school bathroom
Was running a smoke sail ring
Lawyer said that 4th amendment rights were violated
5th Amendment - Trial by Jury
Protection against self-incrimination: Individuals cannot be compelled to testify against themselves in criminal cases (“pleading the Fifth”).
Double jeopardy: Prohibits being tried twice for the same offense after an acquittal or conviction.
Due process clause: Ensures fair legal procedures before depriving a person of life, liberty, or property.
Eminent domain: The government must provide just compensation when taking private property for public use.
Grand jury requirement: Serious federal criminal charges must be initiated by a grand jury indictment (with exceptions for military cases).
6th Amendment - Right to Speedy Trial
Right to a speedy trial: Ensures defendants are tried without undue delay.
Right to a public trial: Promotes transparency in the justice system.
Right to an impartial jury: Guarantees a fair trial by an unbiased jury in the state and district where the crime occurred.
Right to be informed of charges: Defendants must be notified of the nature and cause of accusations against them.
Right to confront witnesses: Allows cross-examination of prosecution witnesses.
Right to compulsory process: Enables defendants to subpoena witnesses in their favor.
Right to legal counsel: Ensures the accused has access to an attorney, even if they cannot afford one.
7th Amendment
Right to a jury trial in civil cases: Guarantees a trial by jury for civil lawsuits involving disputes exceeding $20 (a significant amount at the time of ratification).
Preservation of jury findings: Prohibits courts from overturning a jury’s factual determinations except as allowed under common law.
Applies to federal courts and civil cases (non-criminal disputes) involving money, property, or other private rights.
Does not apply to state courts, but many states provide similar protections under their constitutions.
8th Amendment
No excessive bail: Prevents courts from setting bail amounts that are unreasonably high, ensuring fairness in pretrial detention.
No excessive fines: Prohibits fines that are disproportionately large in relation to the offense.
No cruel and unusual punishment: Bans punishment that is considered inhumane, degrading, or grossly disproportionate to the crime.
9th Amendment
Unenumerated rights: Affirms that the listing of specific rights in the Constitution does not mean other rights are denied to the people.
Protects individual liberties not explicitly mentioned in the Constitution, ensuring the government cannot infringe on those rights simply because they are not listed.
Acts as a safeguard to prevent a narrow interpretation of the Bill of Rights.
Ensures that the Constitution remains adaptable to recognize rights as society evolves.
10th Amendment
Federalism: Reserves powers not delegated to the federal government by the Constitution, nor prohibited to the states, to the states or the people.
Reinforces the principle of limited government and state sovereignty.
Ensures a balance of power between the federal government and the states.
Reflects the framers’ intent to limit federal authority and preserve state autonomy.