Law and Society 9/6/2012- The law is made to protect the few- Amendments were published in 1789- The constitution is a living, breathing document that evolves over time- 4th amendment case study still applies to satellites even thought it was made hundreds of years agoo Simple concepts that still applyo 500 feet border parameter for taking pictures Need warrant within 500 feet, includes in the air and satellites- No mandates of any Amendments are absolute, always will be exceptionso Exception for the welfare and public safety of people- Balancing test – used to test each amendment- Amendment 1 o “Prohibiting government from requiring us to have religion” Pilgrims came to US for religious freedomo Tax dollars cannot be used for religious purposes Building churches, etc.o Catholic schools are given grants from the government, but can only use it for non-religious purposes Auditorium, school equipment etc.o Applies to internet in some caseso “no law prohibiting the free exercise thereof” “Free-exercise clause” We can exercise any religion as long as it doesn’t break any laws Has to be established, formulated and believed by manyo “Or abridging the freedom of speech” Prohibiting the government from suppressing our freedom of speecho “Or of the press” Limits that if you say something about someone in the public arena that isn’t true isn’t allowed, but other than that it doesn’t matter Expression- not formally expressed in amendment, but is expressed- Dancing, photography, music are all expressions Attempts to restrict expression will amplify it Red/blue light districts- corral all together so the people who subscribe to it onlysee it, not in random places like near a school so children aren’t exposed to it Newspapers, magazines, internet all covered by first amendmento Right of the people peacefully to assemble, and to petition the government for a redress of grievances A parade for a cause- (Balance test) Need a permit to have a parade for many reasons of public safetyo Costs money to have police, ems, sanitation services etc.o Helps protect people of the parade and people surrounding parade9/13/12- 2 nd amendment o Right to keep and bear armso It’s a right given to us Rights are not absolute (there are certain limitations)- If you’re a felon can’t have a gun- Can’t bring it into airports, banks, courthouses - Age restrictions- Mental condition- Interstate laws Rights given to us are either granted rights, or rights that protect us from the governmento Carrying concealed is different from carrying it in general Concealed is carrying it with immediate access- Under shoulder, on waist..can be in caro Don’t have to disclose to officer you have a weapon in the caro Have to have concealed license and driver license on you- 4 th Amendment o “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 person or things to be seized”o One of the most litigated amendments o Gives you right to be secured in home Home has been expanded through the courts to mean other things- Cars, backpack, airplane etc they can go through school locker because it is the schoolso consent- permission to come onto property or inside of homeo specifically says “unreasonable searches and seizures” which is illegal searches and seizureso “ right to be secure” o “Warrant” (requirements) Required to have probable clause Oath and affirmation of a LEO- Affidavit of sworn statement by officer describing where criminal activity was taking place, how long they set up surveillance, and what took place at the given place- Swears to judge that is the truth Has to be signed by a judge- Signs warrant because he believes what officer said is true Must have specificity- Persons, places, and thing they are looking for Exception to warrant- 1. If they see something in plain view that Is illegal- 2. Consent to officer to come in- 3. If officer chases someone who committed a crime into his house and finds something illegal What is seized under a warrant, or in exception of warrant is the evidence is used in trial- If seized illegally will not stand, but if seize legally will stand Reasonable suspicion- lesser standard than probable cause (on test, look up in book)- Allows law enforcement officer to stop and frisk briefly on reasonable suspicion of a crime, if facts that are discovered during the reasonable suspicion detainment provide probable cause the suspect then can be arrested - Still used as a standard for probable cause Possible cause- cause that something could happen Probable cause- cause that something is most likely to happen- 5 th Amendment o “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury”o Prosecutor and Prosecutiono Capital offense Being charged would lead to death penaltyo Grand jury In capital offense only- Jury would listen to prosecutor to see fi there is sufficient probable cause for defendant to be tried Regular offense- Prosecutor takes case in front of court onlyo Double jeopardy clause If jury finds you not guilty for one crime cannot be tried twice for same charge- Exceptions to double jeopardyo Mistrial- when something happens that messes whole trial upo Hung jury- when jury cannot make decisiono “Nor shall anyone be compelled against himself”  Defendant does not have to testify against himself Reasons why- Prosecutor will ask if he committed crimes and if he says yes could be fatal to juroro Defense doesn’t want jury to know he’s a criminal- Defendants are not good witnesseso Not prepared for questioningo “Nor be deprived of life, liberty, or property without Due process of law”  Two things- Noticeo What you’re being charged or sued for- Opportunity to be heardo Can’t have anything taken away unless you are heard in courto “ Nor shall property be taken for use without just compensation”  If government takes property, have to pay you for just compensation- 6 th Amendment o “The accused shall enjoy the right to a speedy and public trial”  Speedy