14.1 Protecting Individual Liberties. The 5 th Amendment.
14.1 Protecting Individual Liberties
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“No person shall be held to answer for a capital, 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 offense 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.”
Due Process: The Govt.'s duty to follow the law.
Two kinds of Due Process
Procedural due Process: Is a law being consistently applied?
Substantive Due Process: Is a law fair?
5th Amendment and States
5th Amendment forces states to abide by Due Process.
Gitlow v. New York
Due Process and Policing
Due Process limits Police Power.
Govt.'s ability to police/protect its own people.
Also limits ability to make law.
“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 persons or things to be seized”
4th Amendment and your home.
Govt. cannot just come into your house!
Police need Search Warrants to enter.
Written order from a judge.
Police need Probable Cause to ask for a warrant.
Reasonable suspicion to want to search/stop someone.