The Court does not require warnings if a person is only held in custody without

The court does not require warnings if a person is

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The Court does not require warnings if a person is only held in custody without being questioned or is only questioned without being arrested. In Miranda , the Court found the combination of custody and interrogation sufficiently intimidating to require warnings before questioning. Miranda Warnings: You have the right to remain silent. Anything you say can be used against you in court. You have the right to talk to a lawyer of your own choice before questioning. If you cannot afford to hire a lawyer, a lawyer will be provided without charge. The Court declared that all governments national, state, and local have a duty to inform suspects of the full measure of their constitutional rights. “Announced a constitutional rule” that Congress could not undermine through legislation. The Exclusionary Rule (Mapp v. Ohio). Mapp v. Ohio: Main Ideas: An Ohio court found Dolree Mapp guilty of possessing obscene materials after an admittedly illegal search of her home for a fugitive. The Ohio Supreme Court affirmed her conviction, and she appealed to the U.S. Supreme Court. Her attorneys argued for a reversal based primarily on freedom of expression, contending that the First Amendment protected the confiscated materials. Ohio had convicted Mapp illegally; the evidence should have been excluded. Legal Standards: The exclusionary rule: the judicial rule that states that evidence obtained in an illegal search and seizure cannot be used in trial. Under the umbrella of the Fourth Amendment. 25
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Required all levels of government to operate according to the provisions of the Fourth Amendment; failure to do so could result in the dismissal of criminal charges against guilty defendants. The Court used the decision in Mapp to give meaning to the constitutional guarantee against unreasonable search and seizures and justices declared that “all evidence obtained by searches and seizures in violation of the Constitution is, by [by the Fourth Amendment], inadmissible in a state court.” Right to privacy (Griswold v. Connecticut, Roe v. Wade). Griswold v. Connecticut: Main Ideas: The Court struck down a seldom-enforced Connecticut statute that made the use of birth control devices a crime. Griswold established the principle that the Bill of Rights as a whole creates a right to make certain intimate, personal choices zone of personal autonomy that is protected by the Constitution. Legal Standards: Unspecified protections within the Bill of Rights within the First, Third, Fourth, and Fifth Amendments create a zone of privacy and that zone is protected by the Ninth Amendment and is applicable to the state by the due process clause of the Fourteenth Amendment.
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  • Spring '17
  • Government, United States Congress, ​ immunity

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