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The 13th Amendment:

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The 13th Amendment: Section 1 Slavery in United States was abolished by the 13th amendment. Section 2 Congress shell have power to make sure that country follow section1 – PowerPoint PPT presentation

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Title: The 13th Amendment:


1
The 13th Amendment
  • Section 1
  • Slavery in United States was abolished by the
    13th amendment.
  • Section 2
  • Congress shell have power to make sure that
    country follow section1
  • By Elaf

2
Discrimination
  • You cant against any practice race.
  • Jones v Mayer
  • Mayer dont want to sell the house to Jones
    because he is African American
  • Its unconstitutional on 13th amendments
  • By Elaf

3
The Right to keep and Bear Arms
  • 2nd amendments
  • People can keep and use gun.
  • Security of Home and Person
  • Government can not come in an whim.
  • By Elaf

4
Arrest
  • Police dont need a warrant to arrest someone
  • They can arrest anyone who commits a crime or who
    is about to commit a crime
  • ILLINIOS V Wardlow
  • Its was a case when there was high way crime and
    a guy name Wardlow just felt like running. It cap
    chased him and was arrested Wardlaw was guilty
    and police officer was innocent.
  • By Abdoul

5
Drug Testing
  • No warrant for drug testing
  • 3 cases
  • Ntev v Von Raab
  • Skinner v Federal Railway Labor Executives
    Association
  • VSP v Acton, important because all school
    students who take part in sport had to be tested
    for drugs,
  • They want to court and had to still be tested
  • By, Abdoul

6
Exclusionary Rule
  • If a search or seizure was made that was
    unlawful, could the evidence found be used in
    court?
  • If the answer is yes,
  • that means the 4th amendment doesn't offer
    real protection for a person acussed of
    something.
  • To help solve this problem, the court adopted
    and is still refining, the Exclusionary Rule. The
    rule is this evidence gained by an illegal
    search or seizure cannot be used against that
    person in court.

  • By Zaineb

7
Wiretapping
  • Wiretapping, electronic eavesdropping, video
    taping are few of the more sophisticated means of
    "bugging" are now quite widely used in the U.S.
    They present difficult search and
    seizure questions.
  • The leading case today is Katz v. United States,
    1967. Katz had been convicted of transmitting
    gambling information across State lines.
  • He had used a public phone booth in Los Angleles
    to call his contacts in Boston and Miami. A lot
    of the evidence against him came from an
    electronic tap planted on the roof-outside-the
    phone booth. The court said that the bugging
    evidence could not be used against Katz. Even
    though he was in public he was entitled to make a
    private call.

  • By Zaineb

8
Automobiles
  •  
  •  
  • The court has difficulty applying the 4th
    amendment to automobiles . It has several times
    held that an officer needs no warrant to search
    an automobiles or any other vehicle, when there
    is probable cause to know if there is any illegal
    activities.
  • Carroll v. United States, 1925, early leading
    case on the point. The court emphasized that
    where the securing of a warrant is reasonably
    practicable it must be used
  • The court overturned a long string of automobile
    search cases in 1991. Before, it had several
    times held that a warrant was usually needed to
    search a glove compartment, but in California v.
    Acevedo, 1991, the court set out what it called
    one clear-cut rule govern automobile searches.
    but police lawfully stop a car, they do not need
    a warrant to search anything in that vehicle that
    they have reason to believe holds evidence of a
    crime includes a passengers belongings, Wyoming
    v. Houghton, 1999.

9
Probable cause
  • The basic rule laid down by the 4th amendment is
    this Police officers have no general right to
    search for evidence or to seize either evidence
    or persons. Except in particular circumstances,
    in addition, the must be obtained with Probable
    Cause, a reasonable suspicion of crime.
  • Florida v. J. I 2000. Illustrates the basic rule.
    Miami police had received an anonymous tip that a
    teenager was carrying a concealed weapon. then
    two officers went to the bus stop where the
    tipster said the young man could be found . the
    police located the suspect. Then searched him,
    pulled a gun from his pocket, and arrested him.
  • The Supreme Court held that the police acted
    illegally because they did not have a proper
    warrant. However, Police do not always need a
    warrant. But police must most often have a
    warrant.

10
The 4th Amendment
  •  
  • The 4th amendment also grew out of colonial
    practice. It was to prevent the use of writs of
    assistance blanker search warrants with which
    British customs officials had invaded private
    homes to search for smuggled goods.
  • Unlike the 3rd Amendment, the 4th Amendment has
    proved a highly important guarantee. It says
  • 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.
  • Each state constitution contains a similar
    provision.
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