NC BLET ARREST, SEARCH AND SEIZURE 2023/2024 QUESTIONS AND
ANSWERS GRADED A+
Three Sources of Law - (answer)Constitutional Law
Statutory Law
Common Law
Constitutional Law - (answer)The supreme law of the land. All other laws must comply with the
basic constitutional provisions.
Statutory Law - (answer)Declares, commands, or Prohibits something.
The written will of the politically elected legislature.
Common Law - (answer)Judge Made Law
Tradition based "Case Law"
Types of Law - (answer)Substantive Law
Procedural Law
United States Constitution - (answer)Divided into Seven Major Articles.
US Constitution Article VI/Supremacy Clause - (answer)The Constitution, laws, and treaties of
the United States are the supreme law of the land. Judges of every state are bound by the US
Constitution regardless of contrary state law. This article also requires all legislative, executive,
and judicial officers of both the states and the United States to take an oath to support the
Constitution.
The Four Procedural Safeguards - (answer)Habeas Corpus
Jury
Bills of Attainder
Ex Post Facto Laws
,Bill of Rights - (answer)First Ten Amendments to the U.S. Constitution
Due Process Clause - (answer)(Historical) Applied most of the safeguards in the bill of rights to
the States.
First Amendment - (answer)Freedom of Religion-Government may not require or enforce
religious observations. Free exercise but criminal acts may be excluded(example- use of Peyote
during religious ceremony)
Freedom of Speech-Freedom of expression(Time place manner), -Symbolic Speech(Burning the
American Flag)
Freedom of the Press- Protects the right to gather and receive information
Freedom of Assembly and Petition- Citizens may PEACEABLY assemble and petition the
government for a redress of grievances.
Restrictions on Free Speech - (answer)Panic exciting speech (Shouting FIRE in a movie theater)
Types of Speech with No First Amendment Protection - (answer)Obscenity
Fighting words
Threats
Incendiary Speech
The Second Amendment - (answer)States that Congress shall not infringe on the right of the
people to bear arms.
Third Amendment - (answer)(Historical) Prevents the quartering of troops in private residences.
Fourth Amendment - (answer)Prohibits unreasonable searches and seizures by the government.
Exclusionary Rule - (answer)Any evidence obtained by the government through an illegal
(unreasonable) search and seizure is inadmissible in court.
, Fifth Amendment - (answer)Protects from-
Double Jeopardy
Self-Incrimination(Persons may waive this right after they are notified of their rights((Miranda)).
Due Process-Applies to the federal government only in this amendment.
Sixth Amendment - (answer)Gives an accused certain fundamental rights in criminal
prosecutions. Grants the rights to a speedy and public trial, right to an impartial jury, right to face
ones accusers, right to be informed of the nature and cause of the accusation and right to legal
process to compel the appearance of witnesses. GRANTS THE ACCUSED RIGHT TO
COUNSEL
Sixth Amendment grants the right to___________? - (answer)Counsel
Seventh Amendment - (answer)Preserves the right of trial by jury in civil cases. Provides for a
trial by 12 people.
Eighth Amendment - (answer)Protects from excessive bail
Protects from Cruel and Unusual Punishment
Ninth Amendment - (answer)Additional rights not listed in the first eight amendments.
Tenth Amendment - (answer)Reserves the powers not granted to the United States Government
to the states or the people.
Fourteenth Amendment - (answer)Due process of the Law
Equal Protection of the laws(government only)
Two types of Due Process - (answer)Procedural Due Process
Substantive Due Process
ANSWERS GRADED A+
Three Sources of Law - (answer)Constitutional Law
Statutory Law
Common Law
Constitutional Law - (answer)The supreme law of the land. All other laws must comply with the
basic constitutional provisions.
Statutory Law - (answer)Declares, commands, or Prohibits something.
The written will of the politically elected legislature.
Common Law - (answer)Judge Made Law
Tradition based "Case Law"
Types of Law - (answer)Substantive Law
Procedural Law
United States Constitution - (answer)Divided into Seven Major Articles.
US Constitution Article VI/Supremacy Clause - (answer)The Constitution, laws, and treaties of
the United States are the supreme law of the land. Judges of every state are bound by the US
Constitution regardless of contrary state law. This article also requires all legislative, executive,
and judicial officers of both the states and the United States to take an oath to support the
Constitution.
The Four Procedural Safeguards - (answer)Habeas Corpus
Jury
Bills of Attainder
Ex Post Facto Laws
,Bill of Rights - (answer)First Ten Amendments to the U.S. Constitution
Due Process Clause - (answer)(Historical) Applied most of the safeguards in the bill of rights to
the States.
First Amendment - (answer)Freedom of Religion-Government may not require or enforce
religious observations. Free exercise but criminal acts may be excluded(example- use of Peyote
during religious ceremony)
Freedom of Speech-Freedom of expression(Time place manner), -Symbolic Speech(Burning the
American Flag)
Freedom of the Press- Protects the right to gather and receive information
Freedom of Assembly and Petition- Citizens may PEACEABLY assemble and petition the
government for a redress of grievances.
Restrictions on Free Speech - (answer)Panic exciting speech (Shouting FIRE in a movie theater)
Types of Speech with No First Amendment Protection - (answer)Obscenity
Fighting words
Threats
Incendiary Speech
The Second Amendment - (answer)States that Congress shall not infringe on the right of the
people to bear arms.
Third Amendment - (answer)(Historical) Prevents the quartering of troops in private residences.
Fourth Amendment - (answer)Prohibits unreasonable searches and seizures by the government.
Exclusionary Rule - (answer)Any evidence obtained by the government through an illegal
(unreasonable) search and seizure is inadmissible in court.
, Fifth Amendment - (answer)Protects from-
Double Jeopardy
Self-Incrimination(Persons may waive this right after they are notified of their rights((Miranda)).
Due Process-Applies to the federal government only in this amendment.
Sixth Amendment - (answer)Gives an accused certain fundamental rights in criminal
prosecutions. Grants the rights to a speedy and public trial, right to an impartial jury, right to face
ones accusers, right to be informed of the nature and cause of the accusation and right to legal
process to compel the appearance of witnesses. GRANTS THE ACCUSED RIGHT TO
COUNSEL
Sixth Amendment grants the right to___________? - (answer)Counsel
Seventh Amendment - (answer)Preserves the right of trial by jury in civil cases. Provides for a
trial by 12 people.
Eighth Amendment - (answer)Protects from excessive bail
Protects from Cruel and Unusual Punishment
Ninth Amendment - (answer)Additional rights not listed in the first eight amendments.
Tenth Amendment - (answer)Reserves the powers not granted to the United States Government
to the states or the people.
Fourteenth Amendment - (answer)Due process of the Law
Equal Protection of the laws(government only)
Two types of Due Process - (answer)Procedural Due Process
Substantive Due Process
