Asked by Tesha Cherry on Apr 25, 2024
Scruffy.Sam is engaged in the criminal activity of growing marijuana in his home.A couple of police officers,while randomly passing through the neighborhood,saw Sam go to the mailbox.They thought that he looked a little scruffy,and they were concerned that they had not made a sufficient number of arrests in the past month.They decided to "check out" Sam.Therefore,they immediately broke down Sam's door,searched his home,and arrested him.The police officer in charge told Sam that because marijuana was involved,he lost his rights against self-incrimination and that he might as well confess.Sam proceeded to confess to growing marijuana and a number of other crimes.The judge was so angry with Sam that he threw him in jail for two months without any kind of hearing.Sam's lawyer is concerned that the judge has not granted Sam a hearing.Which of the following is one right that the judge has violated?
A) Sam's right to substantive due process.
B) Sam's First Amendment rights.
C) Sam's right to procedural due process.
D) Sam's Fourth Amendment rights.
E) Sam's Second Amendment rights.
Procedural Due Process
The legal requirement that the state must respect all legal rights owed to a person, involving a fair and transparent process before depriving someone of life, liberty, or property.
Fourth Amendment Rights
Protections granted by the Fourth Amendment of the U.S. Constitution, including freedom from unreasonable searches and seizures.
Hearing
A formal proceeding before a court or other decision-making body where evidence and arguments are presented.
- Understand the protections afforded by the Fourth Amendment, chiefly the safeguard against unwarranted searches and seizures.
Learning Objectives
- Understand the protections afforded by the Fourth Amendment, chiefly the safeguard against unwarranted searches and seizures.