The Right to Bear Arms:
US v Miller
Heller v Washington DC
Amendment IV: 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 probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized
Protection Against Unreasonable Search & Seizure
- law enforcement must have a warrant or probable cause to search and/or seize
- "plain view" doctrine
- evidence obtained via a warrantless search is subject to the exclusionary rule
- electronic communications have been determined by the Court to be a person's "papers"
- civil liberties of students are even more limited
Search & Seizure:
Arizona v Hicks
Weeks v US
Mapp v Ohio
Olmstead v US
Katz v US
New Jersey v TLO
Board of Ed of Pottawatomie Co v Earls
Amendment V: No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation
- Grand Jury cluase
- double jeopardy clause
- self-incrimination clause
- due process clause
- eminent domain clause
Due Process:
Federal government cannot deprive person of life, liberty, or property with the due process of law
substantive due process v procedural due process
procedural due process - correct procedures must be followed (can't make it up as you go)
substantive due process - the laws themselves must be fair
Due process can be denied if the state has a compelling case for it.
Mackey v Montrym
The 'Right to Privacy'
Like 'separation of church and state', this does not exist as text in the Constitution. However, the Court has upheld its belief that Americans have a right to privacy through their interpretation of the 4th, 5th, 9th, and 14th Amendments.
Olmstead v US
Griswold v Connecticut
Roe v Wade
Planned Parenthood v Casey
