Lesson 31

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Paul Jones Mrs. Quinn G.A.L.R.E. December 8, 2010 Unit 5 Lesson 31 Reviewing and Using the Lesson 1. What historical experiences led to adoption of the Fourth Amendment? Which, if any, of these conditions exist today? In 1756, the colony of Massachusetts enacted legislation that barred the use of general warrants. This represented the first law in American history curtailing the use of seizure power. 2. What rights does the Fourth Amendment protect? The Fourth Amendment (Amendment IV) to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures. The amendment specifically also requires search and arrest warrants be judicially sanctioned and supported by probable cause. 3. What is a warrant? When are warrants required? What are some exceptions to the warrant requirement? The term warrant refers to a specific type of authorization; a writ issued by a competent officer, usually a judge or magistrate, which permits an otherwise illegal act that would violate individual rights and affords the person executing the writ protection from damages if the act is performed. 4. Explain the term probable cause. In United States criminal law, probable cause is the standard by which an officer or agent of the law has the grounds to make an arrest, to conduct a personal or property search, or to obtain a warrant for arrest, etc. when criminal charges are being considered. 5. What is the Miranda rule? The Miranda warning (also referred to as Miranda rights) is a warning that is required to be given by police in the United States to criminal suspects in police custody (or in a custodial interrogation) before they are interrogated to inform them about their constitutional rights. 6. How does the exclusionary rule reinforce the principles of the Fourth Amendment? Holds that evidence collected or analyzed in violation of the defendant's constitutional rights is sometimes inadmissible for a criminal prosecution in a court of law. 7. How would you explain the rights against self-incrimination? How is that right related the principles of limited government and rule of law?