the 14th amendment Flash Cards
Title: the 14th amendment
Description: the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probably cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Number of Cards: 5
Save Count: 1
Author: peterpam899
Created: 2007-02-18
Tags: colorado exceptions lopez mapp ohio requirements to us v warrant weeks wolf
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Question Answer Side 3
Lopez v. US 1963, 1995 used commerce clause, The government argued that possession of a firearm in a school zone leads to violent crime, which would affect the general economic condition by limiting travel in the area. The government also stipulated that the presence of firearms in a school zone would prevent people from learning effectively due to the constant fear of violent crime, leading to a weaker economy.
Weeks v. US 194 is a case in which the United States Supreme Court held unanimously that illegal seizure of items from a private residence constitutes a violation of the Fourth Amendment.1 It also set forth the exclusionary rule that prohibits admission of illegally obtained evidence in federal courts.2
Wolf v. Colorado (1949) was a United States Supreme Court case in which the Court held 6-3 that the Fourteenth Amendment did not impose specific limitations on criminal justice in the states, and that illegally obtained evidence did not necessarily have to be excluded from trials in all cases.
Mapp v. Ohio was a landmark case in the area of U.S. criminal procedure, in which the United States Supreme Court decided that evidence obtained in violation of the Fourth Amendment protection against "unreasonable searches and seizures" may not be used in criminal prosecutions in state courts, as well as federal courts.
Exceptions to Warrant Requirements SEARCH- S: Stop n frisk, E: Emergencies, A: Arrests, abandoned property, airline or border searches R: Right in plain view C:Cars, consent H: hot pursuit
 
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