NC BLET Arrest, Search and Seizure question n answers graded A+ 2023/2024

NC BLET Arrest, Search and SeizureThree Sources of Law - correct answers Constitutional Law Statutory Law Common Law Constitutional Law - correct answers The supreme law of the land. All other laws must comply with the basic constitutional provisions. Statutory Law - correct answers Declares, commands, or Prohibits something. The written will of the politically elected legislature. Common Law - correct answers Judge Made Law Tradition based "Case Law" Types of Law - correct answers Substantive Law Procedural Law United States Constitution - correct answers Divided into Seven Major Articles. US Constitution Article VI/Supremacy Clause - correct answers The Constitution, laws, and treaties of the United States are the supreme law of the land. Judges of every state are bound by the US Constitution regardless of contrary state law. This article also requires all legislative, executive, and judicial officers of both the states and the United States to take an oath to support the Constitution. The Four Procedural Safeguards - correct answers Habeas Corpus Jury Bills of Attainder Ex Post Facto Laws Bill of Rights - correct answers First Ten Amendments to the U.S. Constitution Due Process Clause - correct answers (Historical) Applied most of the safeguards in the bill of rights to the States. First Amendment - correct answers Freedom of Religion-Government may not require or enforce religious observations. Free exercise but criminal acts may be excluded(example- use of Peyote during religious ceremony) Freedom of Speech-Freedom of expression(Time place manner), -Symbolic Speech(Burning the American Flag) Freedom of the Press- Protects the right to gather and receive information Freedom of Assembly and Petition- Citizens may PEACEABLY assemble and petition the government for a redress of grievances. Restrictions on Free Speech - correct answers Panic exciting speech (Shouting FIRE in a movie theater) Types of Speech with No First Amendment Protection - correct answers Obscenity Fighting words Threats Incendiary Speech The Second Amendment - correct answers States that Congress shall not infringe on the right of the people to bear arms. Third Amendment - correct answers (Historical) Prevents the quartering of troops in private residences. Fourth Amendment - correct answers Prohibits unreasonable searches and seizures by the government. Exclusionary Rule - correct answers Any evidence obtained by the government through an illegal (unreasonable) search and seizure is inadmissible in court.