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 ago o Simple concepts that still apply o 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 exceptions o 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 freedom o 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 cases o 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 many o Or abridging the freedom of speech Prohibiting the government from suppressing our freedom of speech o 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 only see it not in random places like near a school so children aren t exposed to it Newspapers magazines internet all covered by first amendment o 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 safety o Costs money to have police ems sanitation services etc o Helps protect people of the parade and people surrounding parade 9 13 12 2 nd amendment o Right to keep and bear arms o 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 government o Carrying concealed is different from carrying it in general Concealed is carrying it with immediate access Under shoulder on waist can be in car o Don t have to disclose to officer you have a weapon in the car o 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 schools o consent permission to come onto property or inside of home o specifically says unreasonable searches and seizures which is illegal searches and seizures o 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 Must have specificity Exception to warrant Signs warrant because he believes what officer said is true Persons places and thing they are looking for 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 Prosecution o Capital offense o Grand jury In capital offense only Being charged would lead to death penalty Jury would listen to prosecutor to see fi there is sufficient probable cause for defendant to be tried Regular offense o Double jeopardy clause Prosecutor takes case in front of court only If jury finds you not guilty for one crime cannot be tried twice for same charge Exceptions to double jeopardy o Mistrial when something happens that messes whole trial up o Hung jury when jury cannot make decision o 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 juror o Defense doesn t want jury to know he s a criminal Defendants are not good witnesses o Not prepared for questioning o Nor be deprived of life liberty or property without Due process of law Two things Notice o What you re being charged or sued for Opportunity to be heard o Can t have anything taken away unless you are heard in court o 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 and public trial 6 months in Florida to be tried o Sometimes defense will delay to gather evidence an prepare or for public to die down o Or for witnesses to disappear and forget Have to be tried in are you were caught Right to cross examine any witnesses Subpoena o you have to appear in court o and to have the assistance of counsel for his defense Have