AP®︎ U.S. Government & Politics: Topic 3.8 Flashcards

Requirement that government use lawful, fair, and nonarbitrary procedures, including notice and a meaningful opportunity to be heard, when depriving a person of life, liberty, or property

Both prohibit deprivation of life, liberty, or property without due process; the Fifth limits the national government, while the Fourteenth limits state and local governments

Protects against unreasonable searches and seizures and requires warrants to be supported by probable cause and to describe particularly what may be searched or seized

A government examination that intrudes upon a constitutionally protected privacy interest

Government action that meaningfully interferes with a person’s freedom of movement or control of property, such as an arrest or confiscation of an object

A fact-based, reasonable basis to believe that a crime occurred or that evidence will be found in the place to be searched

A judicial authorization to search or seize, ordinarily issued by a neutral judge upon probable cause and a particular description of its scope

The Fourth Amendment requirement that a warrant specifically identify the place to be searched and the persons or things to be seized

Recognized circumstances in which a search may be reasonable without a warrant, including consent, exigent circumstances, and a search incident to lawful arrest

Held that police generally need a warrant to search a cell phone’s digital contents after an arrest, though they may secure the phone and respond to an actual emergency

Judicial doctrine generally barring evidence obtained through an unconstitutional search or seizure from use against the person whose Fourth Amendment rights were violated

Applied the exclusionary rule to state criminal prosecutions through the Fourteenth Amendment, making illegally seized evidence inadmissible in state courts

Requires federal grand juries for capital or otherwise infamous crimes and protects against double jeopardy, compelled self-incrimination, deprivation without due process, and uncompensated public takings

Fifth Amendment protection against being forced to provide testimonial evidence against oneself in a criminal case

Before custodial interrogation, police must warn a suspect of the rights to remain silent and to counsel, that statements may be used in court, and that counsel will be appointed if needed; unwarned statements ordinarily cannot be used as direct evidence

Allows an unwarned response to be admitted when police questioning is reasonably prompted by an immediate threat to officers or the public

Guarantees an accused person a speedy and public trial, an impartial jury, proper venue, notice of the accusation, confrontation of adverse witnesses, compulsory process for favorable witnesses, and assistance of counsel

Sixth Amendment right to legal assistance at critical stages of a criminal prosecution, preventing an accused person from confronting the government without representation

Unanimously held that states must provide attorneys to indigent felony defendants because the Sixth Amendment right to counsel is fundamental and applies through the Fourteenth Amendment

Sixth Amendment protection against leaving a defendant under an unresolved criminal accusation for an indefinite period

Sixth Amendment requirement that criminal trials ordinarily be open to public observation, discouraging secret or arbitrary prosecution

Sixth Amendment right to jurors who have not prejudged the case and decide guilt fairly from evidence presented through the legal process

Sixth Amendment right to be informed of the nature and cause of the criminal charge so the defendant can prepare a defense

Sixth Amendment right to confront and challenge adverse witnesses, ordinarily through cross-examination

Sixth Amendment right to use the court’s authority to obtain witnesses whose testimony may aid the defense

Information about a communication—such as phone numbers, date, time, and duration—rather than the communication’s substantive content

Post-9/11 law that expanded federal investigative and surveillance authority, with Section 215 associated with large-scale NSA collection of telephone metadata

Limited bulk telephone-metadata collection by ending the NSA’s prior direct bulk holding program and shifting toward provider retention and targeted government access under legal supervision