NC BLET Arrest, Search and Seizure Latest 2023/2024 Already Graded A
NC BLET Arrest, Search and Seizure Latest
2023/2024 Already Graded A
Three
... [Show More] Sources of Law
Constitutional Law
Statutory Law
Common Law
Constitutional Law
The supreme law of the land. All other laws must comply with the basic
constitutional provisions.
Statutory Law
Declares, commands, or Prohibits something.
The written will of the politically elected legislature.
Common Law
Judge Made Law
Tradition based "Case Law"
Types of Law
Substantive Law
Procedural Law
United States Constitution
Divided into Seven Major Articles.
US Constitution Article VI/Supremacy Clause
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
Habeas Corpus
Jury
Bills of Attainder
Ex Post Facto Laws
Bill of Rights
First Ten Amendments to the U.S. Constitution
Due Process Clause
(Historical) Applied most of the safeguards in the bill of rights to the States.
First Amendment
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
Panic exciting speech (Shouting FIRE in a movie theater)
Types of Speech with No First Amendment Protection
Obscenity
Fighting words
Threats
Incendiary Speech
The Second Amendment
States that Congress shall not infringe on the right of the people to bear arms.
Third Amendment
(Historical) Prevents the quartering of troops in private residences.
Fourth Amendment
Prohibits unreasonable searches and seizures by the government.
Exclusionary Rule
Any evidence obtained by the government through an illegal (unreasonable) search
and seizure is inadmissible in court.
Fifth Amendment
Protects fromDouble Jeopardy
Self-Incrimination(Persons may waive this right after they are notified of their
rights((Miranda)).
Due Process-Applies to the federal government only in this amendment.
Sixth Amendment
Gives an accused certain fundamental rights in criminal prosecutions. Grants the
rights to a speedy and public trial, right to an impartial jury, right to face ones
accusers, right to be informed of the nature and cause of the accusation and right to
legal process to compel the appearance of witnesses. GRANTS THE ACCUSED
RIGHT TO COUNSEL
Sixth Amendment grants the right to___________?
Counsel
Seventh Amendment
Preserves the right of trial by jury in civil cases. Provides for a trial by 12 people.
Eighth Amendment
Protects from excessive bail
Protects from Cruel and Unusual Punishment
Ninth Amendment
Additional rights not listed in the first eight amendments [Show Less]