Constitutional Law Cheat Sheet by kreutzkt

Articles of the confed­eration were written during the early part of the American Revelution and approved in 1781

the federal government was divided into three separate branches of government

the Executive branch

President - enforces the law. most LEOs belong to this branch

Congress shall make no law respecting an establ­ishment of religion, or prohib­iting the free exercise thereof; or abridging the freedom of speech, or the press; of the right of the people to peacefully assemble, and to petition the government for a redress of grievances

Balancing test- citizen's interest v public interest
Symbolic speech is protected
Speech NOT protected:
clear and present danger,
fighting words,
true threats,
advocating Immediate lawless action,
Obscenity,
Fraudulent misrep­res­ent­ation (sland­er/­per­jury)

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 Warrents shall issue, but upon probable cause, supported by Oath or affirm­ati­on,and partic­ularly describing the palce to be searched, and the persons or things to be seized.

Person or property taken under control of the government arrests, detain­ments, and taking personal property as evidence

No person shall be held for a capitol or otherwise infamous crime, unless on a presen­tment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compen­sation.

focuses on the government interr­oga­tions seeking commun­icative evidence.
Interr­ogation - words or actions likely to elicit an incrim­inating response.
Communicative "­tes­tim­oni­al" can be verbal, written, or non-verbal.
Non-testimonial evidence - face ,finge­rpr­ints, booking inform­ation

rules and procedures to ensure fairness

In all criminal prosec­utions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascert­ained by law, and to ne informed of the nature and cause of the accusa­tion; to be confronted with the witnesses against him; to have compulsory process for obtaining Witnesses in his favor, and to have the Assistance of Counsel for his defense.

ability to challenge the accuracy of the testimony and allow the jury to weight the inform­ation

the right to legal counsel at "­cri­tical stages­" of the process
indict­ment, inform­ation, initial appear­ances

the trail is held where the crime was commited

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and usuals punish­ments inflicted

Excludes torture
capitol punishment is not cruel/­unusual is used with discretion and adequate procedures

the 14th amendment was a landmark change to the consti­tution after the Civil war. It made the fundam­ental rights found in the consti­tution applicable to the states