QUESTIONS 100% VERIFIED
⩥ First Amendment Provisions
LD 2 Answer: The right to free speech must be reasonable:
- shout "Fire!"in crowded auditorium
- screaming to disturb the peace
- disturb an orderly assembly like a church or court
- incite a riot
- urge others to commit a crime
- false report of an explosive
⩥ 4th Amendment provisions
LD 2 Answer: Does not give absolute right to privacy nor prohibits all
searches
officers may search incident to arrest for weapons or contraband then
seize items for evidence
persons home is not refuge for criminals
,fresh or immediate pursuit = officers may follow a criminal who has
taken refuge in a house or building without a warrant
⩥ Fourth Amendment
LD 2 Answer: Freedom from unreasonable search and seizure
- Unreasonable search and seizures are not allowed
- Search and arrest warrants must show probable cause and most
specifically identify items or individuals to be searched or seized
⩥ Fifth Amendment
LD 2 Answer: Freedom from being tried twice for the same crime,
freedom from self incrimination
- Protection against a second prosecution after acquittal or conviction
(double jeopardy)
- Protection against self incrimination
- individuals must be given due process before life, liberty or property
taken away
⩥ Sixth Amendment
LD 2 Answer: When accused of a crime:
- Right to be told of charges when arrested,
,- right to a speedy trial,
- Right to a public trial by an impartial jury, - Right to confront
witnesses,
- Right to counsel
Individuals who have been accused of a crime have the right to :
- A speedy and public trial by a jury,
- Be informed of the accusations against them
- Confront their accusers
- Subpoena witnesses for their defense
- Have legal counsel
⩥ Eighth Amendment
LD 2 Answer: Freedom from excessive bail,
freedom from cruel and unusual punishments
- Excessive bails and fines are not allowed
- Punishment must be reasonable based on the crime
⩥ Any violation of the 6th amendment may result in:
(LD 2) Answer: exclusion of evidence
, dismissal of the case
criminal liability of the officer
⩥ Fourteenth Amendment
LD 2 Answer: Basic rights of a defendant in a judicial proceeding, the
requisites for trial (due process), right to equal protection of the laws
Equal justice under the law to all persons
No state may:
- Limit privileges or immunities or US citizens
- Deny due process of the law to any person
- Deny equal protection of the law to any person
⩥ Civil Rights statutes Answer: U.S. Code, Title 42, Section 1983:
Peace officers are subject to this statute and can be held personally liable
if, while acting under the color of law, they deprive or deny someone a
legal right to which the person was entitled.
However, under this section, so long as an officer was acting within the
scope of their duties and they reasonably believed their actions did not