10.3A Protecting Individual Liberties

How did McDonald v Chicago affect the right to keep and bear arms?

• The Court overturned parts of a Chicago gun-control law.

• The Court ruled that concealed weapons can be banned in McDonalds.

How does the Fourth Amendment protect individual liberties?

• The amendment forbids unreasonable search and seizures.

• The amendment requires a search warrant in all search and seizure cases.

How do the police obtain a search warrant?

• They must prove to a judge there is probable cause for a search.

• They only need a search warrant if there is not probable cause.

What limitations are placed on a search warrant?

• The police are limited to looking for what is stated on the search warrant.

• The police must have the permission of the property owner to conduct the search.

When can police enter a private property without a search warrant?

• in an emergency situation

• when they have proof

What is the "plain view" principle?

• During a search, police can confiscate evidence of an unrelated crime but only if it is in plain view.

• During a search, police cannot confiscate evidence unless it is in the plain view of the officers. 

How does the exclusionary rule protect individual liberties?

• Evidence the police obtained illegally cannot be used during a court trial.

• The police cannot exclude the accused person during a search and seizure.

What must police prove to be able to stop and frisk a person?

• reasonable suspicion

• involvement in a crime

Why are police permitted to search vehicles?

• public safety

• not personal property

How did Katz v the United States change the law dealing with personal privacy?

• Wiretapping requires a warrant.

• Stop and frisk is unconstitutional.