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Lesson 31: How Do the Fourth and Fifth Amendments Protect against Unreasonable Law Enforcement Procedures?


Terms

affidavit  A formally sworn statement.

exclusionary rule  The rule established by the U.S. Supreme Court that evidence unconstitutionally gathered by law enforcement officers may not be used against a defendant in a trial.

probable cause  Reasonable grounds for presuming that a crime has been or is in the process of being committed. Provided for in the Fourth Amendment.

reasonableness  Quality of what a rational and fair-minded person might say.

right against self-incrimination  A guarantee found in the Fifth Amendment against being compelled in any criminal case to be a witness against oneself.

search  In the context of American constitutional law, intrusion into someone's privacy.

seizure  In the context of U.S. constitutional law, interference with a person's property or freedom of movement.

self–incrimination  See right against self-incrimination

use immunity  A guarantee government prosecutors give to a witness to not use the witness's self-incriminating compelled testimony as evidence against the witness in a subsequent criminal prosecution. A witness who receives use immunity may still be prosecuted, but based only on evidence not gathered from the protected testimony.

warrant  An order by a judge authorizing a police officer to make an arrest or search or perform some other designated act.