Government Powers
Shooting or even killing a fleeing suspect:
This is not completely legal, and is only valid if the suspect presents a danger/threat to the public. The legality of shooting a fleeing suspect was defined in Tennessee v. Garner
After pulling over a car with probable cause and then patting down a subject and finding a gun looking for contraband in the car trunk:
This would have to fall under probable cause, and the said gun found in this situation would obviously be
Holding a prisoner for over 48 hours with no explanation:
Also known as remand or detention of a suspect, this is legal until of course that 48 hours has expired.
A retroactive criminal law that works to the disadvantage of a person:
Known as Ex Post Facto, this is not legal and is prohibited by both the state and federal governments in the constitution.
Using illegally obtained evidence in a trial:
This is not protected legally, and evidence that is obtained unconstitutionally falls under the exclusionary rule.
Justly compensating a citizen for private property taken by the government:
Also known as Eminent Domain, this action is legal and is protected by the fifth amendment, but is often criticized, especially by those who have been subjected to it.
Warrant-less Searches made with consent:
This is known as Consent search. This is of course legal and by all means in control of the person who is consenting to the search. At any point a person may revoke the search and evidence used from this search must have proof that the person in question consented to the search willfully.
Trying someone twice in the same court for the same crime:
Also known as Double Jeopardy, this is illegal and people are protected from this by the fifth amendment.
Seizing evidence without a warrant if the evidence is found in plain view:
This is legal, and is protected by the Plain view doctrine where an officer may seize evidence as long as it is in plain view and under lawful observation.
Shooting or even killing a fleeing suspect:
This is not completely legal, and is only valid if the suspect presents a danger/threat to the public. The legality of shooting a fleeing suspect was defined in Tennessee v. Garner
After pulling over a car with probable cause and then patting down a subject and finding a gun looking for contraband in the car trunk:
This would have to fall under probable cause, and the said gun found in this situation would obviously be
Holding a prisoner for over 48 hours with no explanation:
Also known as remand or detention of a suspect, this is legal until of course that 48 hours has expired.
A retroactive criminal law that works to the disadvantage of a person:
Known as Ex Post Facto, this is not legal and is prohibited by both the state and federal governments in the constitution.
Using illegally obtained evidence in a trial:
This is not protected legally, and evidence that is obtained unconstitutionally falls under the exclusionary rule.
Justly compensating a citizen for private property taken by the government:
Also known as Eminent Domain, this action is legal and is protected by the fifth amendment, but is often criticized, especially by those who have been subjected to it.
Warrant-less Searches made with consent:
This is known as Consent search. This is of course legal and by all means in control of the person who is consenting to the search. At any point a person may revoke the search and evidence used from this search must have proof that the person in question consented to the search willfully.
Trying someone twice in the same court for the same crime:
Also known as Double Jeopardy, this is illegal and people are protected from this by the fifth amendment.
Seizing evidence without a warrant if the evidence is found in plain view:
This is legal, and is protected by the Plain view doctrine where an officer may seize evidence as long as it is in plain view and under lawful observation.