Illegal or Not?
Shooting or even killing a fleeing suspect
This is legal through the concept of deadly force where a suspect tries to flee from or harm an officer. If this occurs, the officer can use deadly force to complete the arrest.
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 is legal since the officer has established probable cause to pull the subject over.
Holding a prisoner for over 48 hours with no explanation
This is illegal due to the writ of habeas corpus and remand laws in the united states that say a person cannot be detained without an explanation.
A retroactive criminal law that works to the disadvantage of a person
This is illegal due to the ex post facto law that states that individuals cannot be tried for something they did before it was illegal.
Using illegally obtained evidence in a trial.
This is illegal due to the exclusionary rule in that only constitutionally obtained evidence can be presented in a trial.
Justly compensating a citizen for private property taken by the government
This is legal by the Taking Clause in the 5th amendment that states government can take private property for public use as long as the owner is justly compensated for their property.
Warrantless Searches made with consent
These are legal and serve as the exception to obtain a warrant for searching. This is made legal through consent searches where the individual allows the law enforcement to serach their possessions without obtaining a warrant to do so.
Trying someone twice in the same court for the same crime
This is illegal due to the laws of double jeopardy that state that an individual cannot be tried for the same crime twice if a verdict was already reached previously.
Seizing evidence without a warrant if the evidence is found in plain view
This is legal through the plain view exception to the warrant laws. This states that as long as the law officer is in a position to easily view the evidence it can be seized legally.
Having reason to suspect that a person has a weapon and then patting them down. Finding a weapon and then undertaking a full search
This is legal through the stop and frisk procedures in which an officer establishes probable cause to pat down the suspect for potentially concealed weapons and if they are found they can establish probable cause to search more fully and make an arrest.
This is legal through the concept of deadly force where a suspect tries to flee from or harm an officer. If this occurs, the officer can use deadly force to complete the arrest.
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 is legal since the officer has established probable cause to pull the subject over.
Holding a prisoner for over 48 hours with no explanation
This is illegal due to the writ of habeas corpus and remand laws in the united states that say a person cannot be detained without an explanation.
A retroactive criminal law that works to the disadvantage of a person
This is illegal due to the ex post facto law that states that individuals cannot be tried for something they did before it was illegal.
Using illegally obtained evidence in a trial.
This is illegal due to the exclusionary rule in that only constitutionally obtained evidence can be presented in a trial.
Justly compensating a citizen for private property taken by the government
This is legal by the Taking Clause in the 5th amendment that states government can take private property for public use as long as the owner is justly compensated for their property.
Warrantless Searches made with consent
These are legal and serve as the exception to obtain a warrant for searching. This is made legal through consent searches where the individual allows the law enforcement to serach their possessions without obtaining a warrant to do so.
Trying someone twice in the same court for the same crime
This is illegal due to the laws of double jeopardy that state that an individual cannot be tried for the same crime twice if a verdict was already reached previously.
Seizing evidence without a warrant if the evidence is found in plain view
This is legal through the plain view exception to the warrant laws. This states that as long as the law officer is in a position to easily view the evidence it can be seized legally.
Having reason to suspect that a person has a weapon and then patting them down. Finding a weapon and then undertaking a full search
This is legal through the stop and frisk procedures in which an officer establishes probable cause to pat down the suspect for potentially concealed weapons and if they are found they can establish probable cause to search more fully and make an arrest.