Your Rights: Due Process

The Supreme Court's decisions in Terry v. Ohio (1967) and Horton v. California (1990) both held that the police may, in certain cases, search individuals or seize their property without a warrant. must never, even with reasonable cause, carry out a stop and frisk. must always have a warrant to seize evidence, even if it is in plain view. may never violate the Fourth Amendment protections concerning searches and seizures.

A

A warrant, which specifies the location that can be searched and exactly what can be legally seized, must be issued by a police officer. judge. mayor. religious leader.

B

If people in court say, "I plead the Fifth," that means they are probably guilty on all counts. do not want to be forced to testify against themselves. want to ask the judge to issue a warrant. have been denied due process.

B

Which of these statements describes a Fifth Amendment protection? A warrant must be issued before the police can search someone's property. No one can be tried twice for the same crime. Searches and seizures must be based on probable cause. In certain cases, the government may seize someone's property without payment.

B

In Miranda v. Arizona (1966), why did Ernesto Miranda say his Fifth Amendment rights had been violated? He had been stopped and searched without a judge issuing a proper warrant. He had been tried for serious crimes without a grand jury issuing an indictment. He had confessed to crimes without being reminded of his right to avoid self-incrimination. He had been jailed without being informed of the charges against him.

C

Which is a grand jury right? the right to the same treatment and rules that all citizens receive the right to avoid confessing to a crime the right to indictment before trial for a capital crime the right to avoid being tried twice for the same crime

C

Which of these statements accurately describes the Fourth Amendment? The Fourth Amendment gives citizens the right to refuse a search under any circumstances. A police officer with a warrant may seize anything he or she finds suspicious. The Fourth Amendment describes a fair process for searches and seizures. A police officer can search someone's home, so long as a judge is present.

C

Evidence collected during an illegal search cannot be used in court based on the

Exclusionary rule

In Duckworth v. Eagan (1988), the Supreme Court held that the police had been too harshly burdened by the Miranda decision and no longer had to follow it. could create their own Miranda warning if it communicated the same message. did not need to read the Miranda warning if they considered a suspect to be dangerous. could create any warning they chose so long as they got a conviction.

NOT D

The Fourth Amendment to the Constitution protects citizens' rights.

Search and Seizure