Unit 4 Intro to the Constitution and Civil Liberties 03 17 2014 Legal standing Article 3 of the constitution Search and seizure concrete authority to hear cases and controversies if the initial search is correct then everything found in that search is o If the search isn t correct then the defendant can suppress whatever is found there Should any constitutional rights be more important than any others What should the standard be o Fundamental rights The Bill of Rights If a right is specifically listed in the bill of rights then it is 14th Amendment every is entitled to equal protection and due fundamental process in a constitutional case 1st to ask does this law or government practice what was the government action The government had to have done it no government action then no constitutional issue 2nd question does the plaintiff have standing 3rd procedural due process o did this person affected have a reasonable way to challenge the government action 4th Substantive Due Process is the law itself bad Is the law arbitrary move on o if the law is arbitrary then you move on if not then you don t 5th what kind of right is being affected o Is the right that is being adversely affected a fundamental right If yes it is unconstitutional unless the government utilizes strict scrutiny compelling interest test Was this action the least intrusive means to fulfill an essential purpose of government if yes then the law is valid If there was a less intrusive mean then the law is invalid If the action not against a fundamental right Use rational basis test Was this government action related to an appropriate purpose of action 6th Equal protection does law treat different people differently o Suspect class a discreet insular minority that has traditionally been underrepresented in government You can look at that person and know that they are different If a law adversely affects a suspect class then it has to pass strict scrutiny If it doesn t adversely affect a suspect class than it just needs to pass a rational basis test Rights given to defendants o Right to appeal Need a record of evidence Need a transcript of the trial that is a right o Right to an attorney o Proven guilty beyond a reasonable doubt o An unbiased jury o Speedy trial o To present evidence get evidence o Know what the charge is If the law is too vague for a person to know if they re breaking it then it s not a good law If the law singles out a group violates equal protection and due process Terri vs State of Ohio Allowing a police officer to conduct a search if a judge would not be allowed to grant a search warrant then it would give more power to police officers than to judges Apply majority rule and dissent If the police officer can specifically articulate reasons to be reasonable concerned then the state will have a better chance of winning the case Brown vs Texas with the appellant The officers could not specifically articulate reasons to be concerned The law itself may be in violation of substantive due process Eye witness testimony is inherently suspect Leads to a lot of wrongful convictions Should really study pgs 108 111 03 17 2014 03 17 2014